Chapter 42
ENVIRONMENT*

------------

Cross references: Animals, ch. 14; dangerous dogs, § 14-81 et seq.; buildings and building regulations, ch. 22; floods, ch. 50; parks and recreation, ch. 58; planning, ch. 62; solid waste, ch. 70; streets, sidewalks and other public places, ch. 74; zoning, app. A; subdivisions, app. B; utilities, ch. 86.

------------

Article I. In General

Sec. 42-1. Purpose.

Sec. 42-2. Nuisance, definitions.

Sec. 42-3. Offense; penalty.

Secs. 42-4? 42-30. Reserved.

Article II. Soil Erosion and Sedimentation Control

Sec. 42-31. Definitions.

Sec. 42-32. Exemptions.

Sec. 42-33. Minimum requirements using best management practices.

Sec. 42-34. Application/permit process.

Sec. 42-35. Inspection and enforcement.

Sec. 42-36. Penalties, stop work orders, bond forfeiture.

Sec. 42-37. Education and certification.

Sec. 42-38. Administrative appeal; judicial review.

Sec. 42-39. Validity and liability.

Secs. 42-39? 42-70. Reserved.

Article III. Dilapidated Buildings, Weeds, Trash and Junk

Sec. 42-71. Authority and scope.

Sec. 42-72. Definitions.

Sec. 42-73. Unfit buildings or structures.

Sec. 42-74. Duty to construct and maintain.

Sec. 42-75. Building inspector to enforce.

Sec. 42-76. Inspection and hearing.

Sec. 46-77. Order of municipal court.

Sec. 42-78. Placarding.

Sec. 42-79. Salvaged materials.

Sec. 42-80. Lien against property.

Sec. 42-81. Enforcement of lien.

Secs. 42-82? 42-115. Reserved.

Article IV. Noise

Sec. 42-116. Definitions.

Sec. 42-117. Sound level limitations.

Sec. 42-118. Exemptions.

Sec. 42-119. Restricted uses and activities.

Sec. 42-120. Motorized vehicles.

Sec. 42-121. Noise control administrator.

Sec. 42-122. Noise control officers.

Sec. 42-123. Procedures for the determination of sound levels.

Sec. 42-124. Requests for temporary relief or stay.

Sec. 42-125. Enforcement procedures.

Secs. 42-126? 42-150. Reserved.

Article V. Stormwater Management

Sec. 42-151. Findings.

Sec. 42-152. Objectives.

Sec. 42-153. Definitions.

Sec. 42-154. Scope of responsibility.

Sec. 42-155. Powers of the department.

Sec. 42-156. Runoff quantity controls.

Sec. 42-157. Prohibition.

Sec. 42-158. Improper connections.

Sec. 42-159. Maintenance and inspection.

Sec. 42-160. Variance.

Sec. 42-161. Appeals.

Sec. 42-162. Cooperation with other governments.

Sec. 42-163. Liability for costs.

Sec. 42-164. Violation; penalties.

Secs. 42-165? 42-195. Reserved.

Article VI. Tree Protection

Sec. 42-196. Intent.

Sec. 42-197. Minimum tree coverage.

Sec. 42-198. Significant trees.

Sec. 42-199. Replacement.

Sec. 42-200. Parking lot island coverage.

Sec. 42-201. Protection zones.

Sec. 42-202. Planned developments.

Sec. 42-203. Special conditions/exemptions.

Sec. 42-204. Landscape plan.

Sec. 42-205. Emergencies.

Sec. 42-206. Review and appeal.

Sec. 42-207. Violation; penalty.

Secs. 42-208? 42-240. Reserved.

Article VII. Wetlands Protection

Sec. 42-241. Definitions.

Sec. 42-242. Administration and enforcement.

Secs. 42-243? 42-270. Reserved.

Article VIII. Water Conservation

Sec. 42-271. Purpose.

Sec. 42-272. Coverage.

Sec. 42-273. Definitions.

Sec. 42-274. Priority levels.

Sec. 42-275. Authority.

Sec. 42-276. Responses to water shortages.

Sec. 42-277. Warnings; disconnections; fine; penalty.

Sec. 42-278. Penalty.

Secs. 42-279? 42-307. Reserved.

Article IX. Hazardous Material Incident Cost Recovery

Sec. 42-308. Authority; jurisdiction; definitions.

Sec. 42-309. Liability for costs.

Sec. 42-310. Collection and disbursement of funds for cost recovery.

Sec. 42-311. Methods of enforcement.

Sec. 42-312. Conflict with other laws.

ARTICLE I.
IN GENERAL

Sec. 42-1. Purpose.

Sections 42-1 through 42-3 of this chapter are intended to provide a criminal penalty to the violations enumerated in section 42-1 [42-2] in circumstances where those violations pose an immediate and substantial risk to the health, welfare or good order of the community.

(Ord. of 3-3-2003, § II)

Sec. 42-2. Nuisance, definitions.

The following conditions may be declared to be nuisances when any one of them endangers the health, welfare or good order of the community:

(1) Stagnant water on premises;

(2) Any dead or decaying matter; weeds; vegetation; or any fruit, vegetable, animal or rodent, upon premises which is odorous or capable of causing disease or annoyance to the inhabitants of the city;

(3) The generation of smoke or fumes in sufficient amounts to cause odor or annoyance to the inhabitants of the city;

(4) The pollution of public water or injection of matter into the sewerage system which would be damaging thereto;

(5) Maintaining a dangerous or diseased animal or fowl;

(6) Obstruction of a public street, highway or sidewalk;

(7) Loud or unusual noises which are detrimental or annoying to the public, including without limitation unusual loud disturbances in or around churches or multiple family complexes such as loud music and other activities in swimming pool and clubhouse areas;

(8) All walls, trees, shrubbery, and buildings that may endanger persons and property;

(9) Any business or building where illegal activities are habitually and commonly conducted in such a manner as to reasonably suggest that the owner or operator of the business or building was aware of the illegal activities and failed to reasonably attempt to prevent the activities;

(10) Unused iceboxes, refrigerators and the like, unless the doors, latches or locks thereof are removed;

(11) Operation of a home occupation or a home business office, child-care facility, adult-care facility, country club, animal hospital, drive-in theater, church or other place of worship, adult entertainment establishment, or campsite and RV park in violation of any provision of appendix A, article III of this Code; and

(12) Any other condition constituting a nuisance under state law.

(Ord. of 3-3-2003, § II)

Sec. 42-3. Offense; penalty.

It is declared to be an offense for any owner, agent or tenant to maintain a nuisance. Each day a nuisance is continued shall constitute a separate offense. Maximum penalties for violation of this section shall be a fine not to exceed the maximum fines and/or imprisonment allowed under section 1-12 of this Code.

(Ord. of 3-3-2003, § II)

Secs. 42-4? 42-30. Reserved.

ARTICLE II.
SOIL EROSION AND SEDIMENTATION CONTROL*

------------

State law references: Georgia Water Quality Control Act, O.C.G.A. § 12-5-20 et seq.; Erosion and Sedimentation Act of 1975, O.C.G.A. § 12-7-1 et seq.; local land-disturbing activity ordinances, O.C.G.A. § 12-7-4.

------------

Sec. 42-31. Definitions. *

------------

Editor's note: An ordinance adopted June 21, 2004, repealed Art. II, §§ 42-31? 42-38, in its entirety and supplied provisions for a new Art. II, §§ 42-31? 42-39. Former Art. II, §§ 42-31? 42-38, pertained to similar subject matter and derived from an ordinance adopted Oct. 2, 1995, § II(II? IX) and an ordinance adopted Oct. 1, 2001(1), § I.

------------

The following definitions shall apply in the interpretation and enforcement of this article, unless otherwise specifically stated:

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

Board: The board of natural resources.

Buffer: The area of land immediately adjacent to the banks of state waters in its natural state of vegetation, which facilitates the protection of water quality and aquatic habitat.

Commission: The state soil and water conservation commission.

Cut: A portion of land surface or area from which earth has been removed or will be removed by excavation; the depth below original ground surface to the excavated surface, also known as "excavation."

Department: The department of natural resources.

Director: The director of the environmental protection division of the department of natural resources.

District: The Coastal Soil and Water Conservation District.

Division: The environmental protection division of the department of natural resources.

Drainage structure: 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: The process by which land surface is worn away by the action of wind, water, ice or gravity.

Erosion and sedimentation control plan: A plan for the control of soil erosion and sedimentation resulting from a land-disturbing activity, also known as the "plan."

Fill: A portion of land surface to which soil or other solid material has been added; the depth above the original ground.

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

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

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

Land-disturbing activity: Any activity which may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands within the state, including, but not limited to, clearing, dredging, grading, excavating, transporting and filling of land but not including agricultural practices as described in subsection 42-32(1)e.

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

Local issuing authority: The governing authority of any county or municipality which is certified pursuant to subsection (a) O.C.G.A. § 12-7-8.

Metropolitan River Protection Act (MRPA): A state law referenced as O.C.G.A. § 12-5-440 et seq., which addresses environmental and developmental matters in certain metropolitan river corridors and their drainage basins.

Natural ground surface: The ground surface in its original state before any grading, excavation or filling.

Nephelometric turbidity units (NTU): 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 particles are present.

Operator: The party or parties that have: (A) operation control of construction project plans and specifications, including the ability to make modifications to those plans and specifications; or (B) day-to-day operational control of those activities that are necessary to ensure compliance with a stormwater pollution prevention plan for the site or other permit conditions, such as a person authorized to direct workers at a site to carry out activities required by the stormwater pollution prevention plan or to comply with other permit conditions.

Permit: The authorization necessary to conduct a land-disturbing activity under the provisions of this article.

Person: 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, any interstate body or any other legal entity.

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

Qualified personnel: Any person who meets or exceeds the education and training requirements of O.C.G.A. § 12-7-19.

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

Sediment: 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: 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: An erosion and sedimentation control plan approved in writing by the Coastal Soil and Water Conservation District.

Stabilization: The process of establishing an enduring soil cover of vegetation by the installation of temporary or permanent structures for the purpose of reducing to a minimum the erosion process and the resultant transport of sediment by wind, water, ice or gravity.

State general permit: The National Pollution Discharge Elimination System general permit or permits for stormwater runoff from construction activities as is now in effect or as may be amended or reissued in the future pursuant to the state's authority to implement the same through federal delegation under the Federal Water Pollution Control Act, as amended, 33 U.S.C. Section 1251, et seq., and subsection (f) of Code § 12-5-30.

State waters: Any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of the state, which are not entirely confined and retained completely upon the property of a single individual, partnership or corporation.

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

Trout streams: All streams or portions of streams within the watershed as designated by the game and fish division of the state department of natural resources under the provisions of the Georgia Water Quality Control Act, O.C.G.A. § 12-5-20 et seq. 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: Measures for the stabilization of erodible or sediment-producing areas by covering the soil with:

(1) Permanent seeding, sprigging or planting, producing longterm vegetative cover;

(2) Temporary seeding, producing short-term vegetative cover; or

(3) Sodding, covering areas with a turf of perennial sod-forming grass.

Such practices can be found in the publication Manual for Erosion and Sediment Control in Georgia.

Watercourse: 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: 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. Wetlands generally include swamps, marshes, bogs and similar areas.

(Ord. of 6-21-2004, § I)

Cross references: Definitions generally, § 1-2.

Sec. 42-32. Exemptions.

This article shall apply to any land-disturbing activity undertaken by any person on any land except for the following:

a. Surface mining as defined in O.C.G.A. § 12-4-72, "Mineral Resources and Caves Act";

b. Granite quarrying and land clearing for such quarrying;

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

d. The construction of single-family residences when constructed by or under contract with the owner for his occupancy, or the construction of single-family residences not a part of a platted subdivision, a planned community or an association of other residential lots consisting of more than two lots and not otherwise exempted under this subsection; provided, however, that construction of any such residences shall conform to the minimum requirements as set forth in section 42-33. For single-family residence construction covered by the 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. In any such buffer zone, no land-disturbing activity shall be constructed between the residence and the point where vegetation has been wrested by normal stream flow or wave action from the banks of the trout waters. For primary trout waters, the buffer zone shall be at least 50 horizontal feet, and no variance to a smaller buffer zone shall be granted. For secondary trout waters, the buffer zone shall be at least 50 horizontal feet, but the director may grant variances to no less than 25 feet. Regardless of whether a trout stream is primary or secondary, for first order trout waters, which are streams into which no other streams flow except for springs, the buffer shall be at least 25 horizontal feet, and no variance to a smaller buffer shall be granted. The minimum requirements of section 42-33 and the buffer zones provided by this section shall be enforced by the issuing authority;

e. Agricultural operations as defined in O.C.G.A. § 1-3-3 to include raising, harvesting or storing products of the field or orchard; feeding, breeding or managing livestock or poultry; producing or storing feed for use in the production of livestock, including, but not limited to, cattle, calves, swine, hogs, goats, sheep and rabbits, or for use in the production of poultry, including, but not limited to, chicken, hens and turkeys; producing plants, trees, fowl or animals; the production of aquaculture, horticultural, dairy, livestock, poultry, eggs and apiarian products; forestry land management practices, including harvesting, and farm buildings and farm ponds;

f. 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 42-33(c)(15) and (16), no other land-disturbing activities, except for normal forest management practices, shall be allowed on the entire property upon which the forestry practices were conducted for a period of three years after completion of such forestry practices;

g. Any project carried out under the technical supervision of the Natural Resources Conservation Service of the United States Department of Agriculture;

h. Any project involving less than one acre of disturbed area; provided, however, that this exemption shall not apply to any land-disturbing activity within a larger common plan of development or sale with a planned disturbance of equal to or greater than one acre or within 200 feet of the bank of any state waters, and for purposes of this subsection, "state waters" excludes channels and drainageways which have water in them only during and immediately after rainfall events and intermittent streams which do not have water in them yearround; provided, however, that any person responsible for a project which involves less than one acre, which involves land-disturbing activity, and which is within 200 feet of any such excluded channel or drainageway, must prevent sediment from moving beyond the boundaries of the property on which such project is located and, provided further, that nothing contained in this subsection shall prevent the local issuing authority from regulating such project which is not specifically exempted by subsections a., b., c., d., e., f., g., i. or j. of this section;

i. Construction or maintenance projects undertaken or financed in whole or in part, or both, by the department of transportation, the Georgia Highway Authority or the state tollway authority; or any road construction or maintenance project, or both, undertaken by any county or municipality; provided, however, that construction or maintenance projects of the department of transportation or the state tollway authority which disturb one or more contiguous acres of land shall be subject to 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 local issuing authority, the local issuing authority shall enforce compliance with the minimum requirements set forth in O.C.G.A. § 12-7-6 as if a permit had been issued, and violations shall be subject to the same penalties as violations by permit holders;

j. Any land-disturbing activities conducted by any electric membership corporation, municipal electrical system or any public utility under the regulatory jurisdiction of the public service commission, and utility under the regulatory jurisdiction of the Federal Energy Regulatory Commission, any cable television system as defined in O.C.G.A. § 36-18-1, or any agency or instrumentality of the United States engaged in the generation, transmission, or distribution of power; except where an electric membership corporation or municipal electrical system or any public utility under the regulatory jurisdiction of the public service commission, any utility under the regulatory jurisdiction of the Federal Energy Regulation Commission, any cable television system 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 or power is a secondary permittee for a project located within a larger common plan of development or sale under the state general permit, in which case the local issuing authority shall enforce compliance with the minimum requirements set forth in O.C.G.A. § 12-7-6 as if a permit had been issued, and violations shall be subject to the same penalties as violations by permit holders; and

k. Any public water system reservoir.

(Ord. of 6-21-2004, § I)

Sec. 42-33. Minimum requirements using best management practices.

(a) General provisions. Excessive soil erosion and resulting sedimentation can take place during land-disturbing activities; therefore, plans for those land-disturbing activities which are not excluded by this article shall contain provisions for application of soil erosion and sedimentation control measures and practices. The provisions shall be incorporated into the soil erosion and sedimentation control plans. Soil erosion and sedimentation control measures and practices shall conform to the minimum requirements of subsections (b) and (c) of this section. 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 and sedimentation pollution during all stages of any land-disturbing activity.

(b) Minimum requirements/BMPs.

(1) Best management practices as set forth in this section and in section (c) of this section shall be required for all land-disturbing activities. Proper design, installation and maintenance of best management practices shall constitute a complete defense to any action by the director or to any other allegation of noncompliance with paragraph (2) of this subsection or any substantially similar terms contained in a permit for the discharge of stormwater issued pursuant to O.C.G.A. § 12-5-30, 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 subsection 6.

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

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

(4) 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.

(c) The rules and regulations, ordinances or resolutions adopted pursuant to this article for the purpose of governing land-disturbing activities shall require, as a minimum, best management practices, including sound conservation and engineering practices, to prevent and minimize erosion and resultant sedimentation, which are consistent with, and no less stringent than, those practices contained in the Manual 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) Stripping of vegetation, regrading and other development activities shall be conducted in a manner so as to minimize erosion;

(2) Cut-fill operations must be kept to a minimum;

(3) Development plans must conform to topography and soil type so as to create the lowest practical erosion potential;

(4) Whenever feasible, natural vegetation shall be retained, protected and supplemented;

(5) The disturbed area and the duration of exposure to erosive elements shall be kept to a practicable minimum;

(6) Disturbed soil shall be stabilized as quickly as practicable;

(7) Temporary vegetation or mulching shall be employed to protect exposed critical areas during development;

(8) Permanent vegetation and structural erosion control measures shall be installed as soon as practicable;

(9) To the extent necessary, sediment in runoff water must be trapped by the use of debris basins, sediment basins, silt traps or similar measures until the disturbed area is stabilized. As used in this paragraph, a disturbed area is stabilized when it is brought to a condition of continuous compliance with the requirements of O.C.G.A. § 12-7-1 et 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;

(11) Cuts and fills may not endanger adjoining property;

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

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

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

(15) Except as provided in paragraph (16) of this subsection, 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, and are implemented; provided, however, 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 subsection. The following requirements shall apply to any such buffer:

a. No land-disturbing activities shall be conducted within a buffer and a buffer shall remain in its natural, undisturbed state of vegetation until all land-disturbing 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 vegetation 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 a natural canopy is left in sufficient quantity to keep shade on the stream bed; and

b. The buffer shall not apply to the following land-disturbing activities, provided that they occur at an angle, as measured from the point of crossing, within 25 degrees of perpendicular to the stream; cause a width of disturbance of not more than 50 feet within the buffer; and adequate erosion control measures are incorporated into the project plans and specifications and are implemented: (i) Stream crossings for water lines; or (ii) Stream crossings for sewer lines; and

(16) There is established a 50-foot buffer as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action, along the banks of any state waters classified as "trout streams" pursuant to Article 2 of Chapter 5 of Title 12, the "Georgia Water Quality Control Act", except where a roadway drainage structure must be constructed; provided, however, that small springs and streams classified as trout streams which discharge an average annual flow of 25 gallons per minute or less shall have a 25-foot buffer or they may be piped, at the discretion of the landowner, pursuant to the terms of a rule providing for a general variance promulgated by the 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 allow land-disturbing activity, provided that adequate erosion control measures are incorporated in the project plans and specifications and are implemented. The following requirement shall apply to such buffer:

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

b. The buffer shall not apply to the following land-disturbing activities, provided that they occur at an angle, as measured from the point of crossing, within 25 degrees of perpendicular to the stream; cause a width of disturbance of not more than 50 feet within the buffer; and adequate erosion control measures are incorporated into the project plans and specifications and are implemented: (i) Stream crossings for water lines; or (ii) Stream crossings for sewer lines.

(d) Nothing contained in this article shall prevent any local issuing authority from adopting rules and regulations, ordinances or resolutions which contain requirements that exceed the minimum requirements in subsections (b) and (c) of this section.

(e) The fact that land-disturbing activity for which a permit has been issued results in injury to the property of another shall neither constitute proof of nor create a presumption of a violation of the standards provided for in this article or the terms of the permit.

(Ord. of 6-21-2004, § I)

Sec. 42-34. Application/permit process.

(a) General. The property owner, developer and designated planners and engineers shall review the general development plans and detailed plans of the local issuing authority that affect the tract to be developed and the area surrounding it. They shall review the zoning ordinance, stormwater management ordinance, subdivision ordinance, flood damage prevention ordinance, this article and other ordinances which regulate the development of land within the jurisdictional boundaries of the issuing authority; however, the property owner is the only party that can obtain a permit.

(b) Application requirements.

(1) No person shall conduct any land-disturbing activity within the jurisdictional boundaries of the city without first obtaining a permit from the inspections department to perform such activity.

(2) The application for a permit shall be submitted to the inspections department and must include the applicant's erosion and sedimentation control plan with supporting data, as necessary. Such plans shall include, as a minimum, the data specified in subsection (c) of this section. Soil erosion and sedimentation control plans shall conform to the provisions of section 42-33(a) and (b). Applications for a permit will not be accepted unless accompanied by four copies of the applicant's soil erosion and sedimentation control plans. All applications shall contain a certification stating that the plan preparer or the designee thereof visited the site prior to creation of the plan or that such a visit was not required in accordance with rules and regulations established by the board.

(3) A fee in an amount set forth in the schedule of fees and charges shall be charged for each acre, or fraction thereof, in the project area.

(4) In addition to the local permitting fees, fees will also be assessed pursuant to paragraph (5) subsection (a) of O.C.G.A. § 12-5-23, provided that such fees shall not exceed $80.00 per acre of land-disturbing activity, and these fees shall be calculated and paid by the primary permittee as defined in the state general permit for each acre of land-disturbing activity included in the planned development or each phase of development. All applicable fees shall be paid prior to issuance of the land disturbance permit. In a jurisdiction that is certified pursuant to subsection (a) of O.C.G.A. § 12-7-8, half of such fees levied shall be submitted to the division; except that any and all fees due from an entity which is required to give notice pursuant to paragraph (9) or (10) of O.C.G.A. § 12-7-17 shall be submitted in full to the division, regardless or the existence of a local issuing authority in the jurisdiction.

(5) Immediately upon receipt of an application and plan for a permit, the local issuing authority shall refer the application and plan to the district for its review and approval or disapproval concerning the adequacy of the erosion and sedimentation control plan. A district shall approve or disapprove a plan within 35 days of receipt. Failure of a district to act within 35 days shall be considered an approval of the pending plan. The results of the district review shall be forwarded to the local issuing authority. No permit shall be issued unless the plan has been approved by the district, and any variances required by subsection 42-33(b)(15) and (16) and bonding, if required by subsection (b)(7), of this section have been obtained. Such review will not be required if the local issuing authority and the district have entered into an agreement which allows the local issuing authority to conduct such review and approval of the plan without referring the application and plan to the district.

(6) If a permit applicant has had two or more violations of previous permits, this section, or the Erosion and Sedimentation Act, as amended, within three years prior to the date of filing of the application under consideration, the local issuing authority may deny the permit application.

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

(c) Plan requirements.

(1) Plans must be prepared to meet the minimum requirements of section 42-33(b) and (c). Conformance with the minimum requirements may be attained through the use of design criteria in the current issue of the Manual for Erosion and Sediment Control in Georgia, published by the state soil and water conservation commission, as a guide; or through the use of alternate design criteria which conform to sound conservation and engineering practices. The Manual for Erosion and Sediment Control in Georgia is incorporated by reference into this article. The plan for land-disturbing activity shall consider the interrelationship of the soil types, geological and hydrological characteristics, topography, watershed, vegetation, proposed permanent structures, including roadways, constructed waterways, sediment control and stormwater management facilities, local ordinances and state laws.

(2) Data required for site plan.

a. Narrative or notes, and other information, to be located on the site plan in general notes or in erosion and sedimentation control notes.

b. Description of existing land use at project site and description of proposed project.

c. Name, address and phone number of the property owner.

d. Name and phone number of a 24-hour local contact who is responsible for erosion and sedimentation control.

e. Size of project or phase under construction, in acres.

f. Activity schedule showing anticipated starting and completion dates for the project. The statement shall be included in bold letters, that "The installation of erosion and sedimentation control measures and practices shall occur prior to or concurrent with land-disturbing activities."

g. Stormwater and sedimentation management systems-storage capacity, hydrologic study and calculations, including off-site drainage areas.

h. Vegetative plan for all temporary and permanent vegetative practices, including species, planting dates and seeding, fertilizer, lime and mulching rates. The vegetative plan should show options for yearround seeding.

i. Detail drawings for all structural practices. Specifications may follow guidelines set forth in the Manual for Erosion and Sediment Control in Georgia.

j. The maintenance statement: "Erosion and sedimentation control measures will be maintained at all times. If full implementation of the approved plan does not provide for effective erosion and sediment control, additional erosion and sediment control measures shall be implemented to control or treat the sediment source."

(3) Maps, drawings and supportive computations shall bear the signature/seal of a registered or certified professional in engineering, architecture, landscape architecture, land surveying or erosion and sedimentation control. 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 requirements as developed by the commission pursuant to O.C.G.A. § 12-7-20. The certified plans shall contain:

a. Graphic scale and north point or arrow indicating magnetic north.

b. Vicinity maps showing location of project and existing streets.

c. Boundary line survey.

d. Delineation of disturbed areas within the project boundary.

e. Existing and planned contours, with contour lines drawn with an interval in accordance with the following:

f. Adjacent areas and feature areas such as streams, lakes, residential areas, etc., which might be affected should be indicated on the plan.

g. Proposed structures or additions to existing structures and paved areas.

h. Delineate the 25-foot horizontal buffer adjacent to state waters and the specified width in the Metropolitan River Protection Act areas.

i. Delineate the specified horizontal buffer along designated trout streams, where applicable.

j. Location of erosion and sedimentation control measures and practices using coding symbols from the Manual for Erosion and Sediment Control in Georgia, Chapter 6.

(4) Maintenance of all soil erosion and sedimentation control practices, whether temporary or permanent, shall at all times be the responsibility of the property owner.

(d) Permits.

(1) Permits shall be issued or denied as soon as practicable but in any event not later than 45 days after receipt by the local issuing authority of a completed application, providing variances and bonding are obtained, where necessary.

(2) No permit shall be issued by the local issuing authority unless the erosion and sedimentation control plan has been approved by the district and the issuing authority has affirmatively determined that the plan is in compliance with this article, any variances required by section 42-43(b)(15) and (16) are obtained, bonding requirements, if necessary, as set forth in subsection (b)(7) of this section are met, and all ordinances and rules and regulations in effect within the jurisdictional boundaries of the local issuing authority are met. If the permit is denied, the reason for denial shall be furnished to the applicant.

(3) If the tract is to be developed in phases, then a separate permit shall be required for each phase.

(4) The permit may be suspended, revoked or modified by the local issuing authority, as to all or any portion of the land affected by the plan, upon finding that the holder or his successor in title is not in compliance with the approved erosion and sedimentation control plan or that the holder or his successor in title is in violation of this article. A holder of a permit shall notify any successor in title to him as to all or any portion of the land affected by the approved plan or the conditions contained in the permit.

(5) No permit shall be issued unless the applicant provides a statement by the finance department certifying that all ad valorem taxes levied against the property and due and owing have been paid.

(Ord. of 6-21-2004, § I)

Sec. 42-35. Inspection and enforcement.

(a) The city inspections department will periodically inspect the sites of land-disturbing activities for which permits have been issued to determine if the land-disturbing activities are being conducted in accordance with the plan and if the measures required in the plan are effective in controlling erosion and sedimentation. Also, the local issuing authority shall regulate both primary and secondary permittees as such terms are defined in the state general permit. Primary permittees shall be responsible for installation and maintenance of best management practices where the primary permittee is conducting land-disturbing activities. Secondary permittees shall be responsible for installation and maintenance of best management practices where the secondary permittee is conducting land-disturbing activities. If, through inspection, it is deemed that a person engaged in land-disturbing activities 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 such person. The notice shall set forth the measures necessary to achieve compliance and shall state the time within which such measures must be completed. If the person engaged in the land-disturbing activity fails to comply within the time specified, he shall be deemed in violation of this article.

(b) The inspections department shall have the power to conduct such investigations as it may reasonably deem necessary to carry out the duties as prescribed in this article, and for this purpose to enter at reasonable times upon any property, public or private, for the purpose of investigating and inspecting the sites of land-disturbing activities.

(c) No person shall refuse entry or access to any authorized representative or agent of the local issuing authority, the commission, the district or division who requests entry for the purpose of inspection, and who presents appropriate credentials; nor shall any person obstruct, hamper or interfere with any such representative while he is in the process of carrying out his official duties.

(d) The district and/or the commission shall periodically review the actions of counties and municipalities which have been certified as issuing authorities pursuant to O.C.G.A. § 12-7-8(a). The district and/or the commission may provide technical assistance to any county or municipality for the purpose of improving the effectiveness of the county's or municipality's erosion and sedimentation control program. The district or the commission shall notify the division and request investigation by the division if any deficient or ineffective local program is found.

(e) The board, on or before December 31, 2003, shall promulgate rules and regulations setting forth the requirements and standards for certification and the procedures for decertification of a local issuing authority. 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). Such review may include, but shall not be limited to, review of the administration and enforcement of a governing authority's ordinances and review of conformance with an agreement, if any, between the district and the governing authority. 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 30 days within which to take the necessary corrective action to retain certification as a local issuing authority. If the county or municipality does not take necessary corrective action within 30 days after notification by the division, the division may revoke the certification of the county or municipality as a local issuing authority.

(Ord. of 6-21-2004, § I)

Sec. 42-36. Penalties, stop work orders, bond forfeiture.

(a) Failure to obtain a permit for land-disturbing activity. If any person commences any land-disturbing activity requiring a land-disturbing permit as set forth in section 42-34 without first obtaining such permit, the person shall be subject to revocation of his business license, work permit or other authorization for the conduct of a business and associated work activities within the jurisdictional boundaries of the local issuing authority.

(b) Stop work orders.

(1) For the first and second violations of the provisions of this article, the director or the local issuing authority 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 director or the local issuing authority shall issue a stop-work order requiring that land-disturbing activities 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 director of the local issuing authority shall issue an immediate stop-work order in lieu of a warning;

(2) For a third and each subsequent violation, the director or the local issuing authority shall issue an immediate stop-work order; and

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

(4) When a violation in the form of taking action without a permit, failure to maintain a stream buffer, or significant amounts of sediment, as determined by the local issuing authority or by the 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 local issuing authority or by the director or his or her designee. All such stop-work orders shall be effective immediately upon issuance and shall be in effect until the necessary corrective action or mitigation has occurred. Such stop-work orders shall apply to all land-disturbing activity on the site with the exception of the installation and maintenance of temporary or permanent erosion and sediment controls.

(c) Bond forfeiture. If, through inspection, it is determined that a person engaged in land-disturbing activities has failed to comply with the approved plan, a written notice to comply shall be served upon such person. The notice shall set forth the measures necessary to achieve compliance with the plan and shall state the time within which such measures must be completed. If the person engaged in the land-disturbing activity fails to comply within the time specified, he shall be deemed in violation of this article and, in addition to other penalties, shall be deemed to have forfeited his performance bond, if required to post one under the provisions of subsection 42-34(b)(7). The local issuing authority may cause the bond, or any part thereof, to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance.

(d) Monetary penalties. Any person who violates any provisions of this 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 director issued as provided in this ordinance shall be liable for a civil penalty not to exceed $2,500.00 per day. For the purpose of enforcing the provisions of this article, notwithstanding any provisions in any 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 county ordinances, any magistrate court or any other court of competent jurisdiction trying cases brought as violations of this article under county ordinances 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 violation or failure or refusal to comply continues shall be a separate violation.

(Ord. of 6-21-2004, § I)

Sec. 42-37. Education and certification.

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 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.

(Ord. of 6-21-2004, § I)

Sec. 42-38. Administrative appeal; judicial review.

(a) The suspension, revocation, modification or grant with condition of a permit by the local issuing authority upon finding that the holder is not in compliance with the approved erosion and sedimentation control plan; or that the holder is in violation of permit conditions; or that the holder is in violation of any ordinance, shall entitle the person submitting the plan or holding the permit to a hearing before the mayor and city council within ten days after receipt by the issuing authority of written notice of appeal.

(b) Any person aggrieved by a decision or order of the issuing authority, after exhausting his administrative remedies, shall have the right to appeal de novo to the superior court of the county.

(Ord. of 6-21-2004, § I)

Sec. 42-39. Validity and liability.

If any section, paragraph, clause, phrase or provision of this article shall be adjudged invalid or held unconstitutional, such decisions shall not effect the remaining portions of this article.

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 the responsibility for damage to any person or property otherwise imposed by law nor impose any liability upon the local issuing authority or district for damage to any person or property.

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.

No provision of this article shall permit any persons to violate the Georgia Erosion and Sedimentation Act of 1975, the Georgia Water Quality Control Act or the rules and regulations promulgated and approved thereunder or pollute and water of the state as defined thereby.

(Ord. of 6-21-2004, § I)

Secs. 42-40? 42-70. Reserved.

ARTICLE III.
DILAPIDATED BUILDINGS, WEEDS, TRASH AND JUNK*

------------

Editor's note: Section I of an ordinance adopted Oct. 1, 2001, repealed the former Art. III, §§ 42-71? 42-84, which pertained to similar subject matter and derived from § I(1)? (14) of an ordinance adopted Mar. 21. 1994. Section II of said ordinance enacted a new Art. III as set out herein.

Cross references: Buildings and building regulations, ch. 22.

State law references: Ordinances relating to repair, closing and demolition of dwellings unfit for human habitation or buildings or structures that imperil health, safety or morals, O.C.G.A. § 36-61-11; authority to demolish structures where drug crimes are committed, O.C.G.A. § 41-2-7; authority to repair, close or demolish unfit buildings or structures, O.C.G.A. § 41-2-7; county or municipal ordinances relating to unfit buildings or structures, O.C.G.A. § 41-2-9 et seq.

------------

Sec. 42-71. Authority and scope.

This article is enacted pursuant to the provisions of O.C.G.A. § 41-2-7 et seq., as amended from time to time, and is referenced as the "statute." O.C.G.A. § 41-2-7 specifies the scope and purpose of this article. All powers and authorities granted to public officers and public authorities by the statute are incorporated by reference so as to be assumed, delegated and granted pursuant to this article.

(Ord. of 10-1-2001(2), § II)

Sec. 42-72. Definitions.

(a) 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:

Director means the building official or any public officer as defined in O.C.G.A. § 41-2-8(10) delegated with authority by the city council to enforce this article. The building official or his designee shall be the public officer who shall exercise the primary responsibilities prescribed by this article and shall be the public officer defined in O.C.G.A. § 41-2-8(10).

Parties in interest means the persons defined in O.C.G.A. § 41-2-8(8).

Person means any natural person, corporation, partnership (general or limited), estate, trust or other entity or artificial person, or combination thereof.

Public authority means such agency or official as defined in O.C.G.A. § 42-2-8(9).

(b) The definitions set forth in O.C.G.A. § 41-2-8 are incorporated herein by reference in this article.

(Ord. of 10-1-2001(2), § II)

Cross references: Definitions generally, § 1-2.

Sec. 42-73. Unfit buildings or structures.

It is found and declared that in the city there exist dwellings or other buildings or structures which are unfit for human habitation or for commercial, industrial, or business occupancy or use due to dilapidation and not in compliance with the applicable standard building codes or general nuisance laws which have the effect of increasing the hazards of fire, accidents, or other calamities; which lack adequate ventilation, light, or sanitary facilities; or where other conditions exist rendering such dwellings, buildings, or structures unsafe or unsanitary or dangerous or detrimental to the health, safety, or welfare of the people of the city. It is also found that there are vacant, dilapidated dwellings, buildings, or structures in which drug crimes are being committed. It is also found that a public necessity exists for the repair, closing, or demolition of such dwellings, buildings, or structures.

(Ord. of 10-1-2001(2), § II)

Sec. 42-74. Duty to construct and maintain.

It is the duty of the owner of every dwelling, building, structure, or property within the city to construct and maintain such dwelling, building, structure, or property in conformance with applicable codes or ordinances.

(Ord. of 10-1-2001(2), § II)

Sec. 42-75. Building inspector to enforce.

The building inspector of the city is hereby designated and appointed to exercise the powers prescribed by this article and by O.C.G.A. § 41-2-7 et seq.

(Ord. of 10-1-2001(2), § II)

Sec. 42-76. Inspection and hearing.

Whenever a request is filed with the building inspector by a public authority or by at least five residents of the city, charging that any dwelling, building, structure, or property is unfit for human habitation or for commercial, industrial, or business use and not in compliance with applicable codes; is vacant and is being used in connection with the commission of drug crimes; or constitutes an endangerment to the public health or safety as a result of unsanitary or unsafe conditions, the building inspector shall make an investigation or inspection of the specific dwelling, building, structure, or property. If the building inspector's investigation or inspection identifies any dwelling, building, structure, or property that is unfit for human habitation or commercial, industrial, or business use and not in compliance with applicable codes; is vacant and being used in connection with the commission of drug crimes; or constitutes an endangerment to the public health or safety as a result of unsafe or unsanitary conditions, the building inspector may issue a complaint in rem against the lot, tract, or parcel of real property on which such dwelling, building, or structure is situated, or where such public health hazard or general nuisance exists and shall cause summons and a copy of the complaint to be served on the owner and parties in interest in such dwelling, building, or structure. The complaint shall identify the subject real property by appropriate street address and official tax map reference; identify the owner and parties in interest; state with particularity the factual basis for the action; and contain a statement of the action sought by the building inspector to abate the nuisance. The summons shall notify the owner and parties in interest that a hearing will be held before the municipal court of the city, at a date and time certain. A copy of the complaint and notice of the date and time of the hearing shall be provided to all adjacent land owners. Such hearing shall be held not less than 15 days nor more than 45 days after the filing of such complaint in the municipal court. The owner and parties in interest shall have the right to file an answer to the complaint and to appear in person or by attorney and offer testimony at a time and place fixed for hearing.

(Ord. of 10-1-2001(2), § II)

Sec. 46-77. Order of municipal court.

If, after such hearing, the court determines that the dwelling, building, or structure in question is unfit for human habitation or is unfit for its current commercial, industrial, or business use and not in compliance with applicable codes; is vacant and being used in connection with drug crimes; or constitutes an endangerment to the public health or safety as a result of unsanitary or unsafe conditions, the municipal court shall state in writing findings of fact in support of such determination and shall issue and cause to be served upon the owner and any parties in interest that have answered the complaint or appeared at the hearing an order:

(1) If the repair, alteration, or improvement of the said dwelling, building, or structure can be made at a reasonable cost in relation to the present value of the dwelling, building, or structure, requiring the owner, within the time specified in the order, to repair, alter, or improve such dwelling, building, or structure so as to bring it into full compliance with the applicable codes relevant to the cited violation and, if applicable, to secure the structure so that it cannot be used in connection with the commission of drug crimes; or

(2) If the repair, alteration, or improvement of the said dwelling, building, or structure in order to bring it into full compliance with applicable codes relevant to the cited violations cannot be made at a reasonable cost in relation to the present value of the dwelling, building, or structure, requiring the owner, within the time specified in the order, to demolish and remove such dwelling, building, or structure and all debris from the property.

For purpose of this section, the municipal court shall make its determination of "reasonable cost in relation to the present value of the dwelling, building, or structure" without consideration of the value of the land on which the structure is situated; provided, however, that costs of the preparation necessary to repair, alter, or remove a structure may be considered. Income and financial status of the owner shall not be a factor in the court's determination. The present value of the structure and the costs of repair, alteration, or improvement may be established by affidavits of real estate appraisers with a state appraiser classification as provided by state law, qualified building contractors, or qualified building inspectors without actual testimony presented. Costs of repair, alteration, or improvement of the structure shall be the costs necessary to bring the structure into compliance with the applicable codes relevant to the cited violations.

(Ord. of 10-1-2001(2), § II)

Sec. 42-78. Placarding.

If the owner fails to comply with an order to repair or demolish the dwelling, building, or structure, the building inspector may cause such dwelling, building, or structure to be repaired, altered, or improved or to be vacated and closed or demolished. The building inspector shall cause to be posted on the main entrance of the dwelling, building, or structure a placard with the following words:

"This building is unfit for human habitation or commercial, industrial, or business use and does not comply with the applicable codes or has been ordered secured to prevent its use in connection with drug crimes or constitutes an endangerment to the public health or safety as a result of unsanitary or unsafe conditions. The use or occupation of this building is prohibited and unlawful".

(Ord. of 10-1-2001(2), § II)

Sec. 42-79. Salvaged materials.

If the building inspector has the building demolished, reasonable effort shall be made to salvage reusable materials for credit against the cost of demolition. The proceeds of any moneys received from the sale of salvaged materials shall be used or applied against the cost of the demolition and removal of the structure, and proper records shall be kept showing application of sale proceeds. Any such sale of salvaged materials may be made without the necessity of public advertisement and bid. The building inspector and governing authority are relieved of any and all liability resulting from or occasioned by the sale of any such salvaged materials, including, without limitation, defects in such salvaged materials.

(Ord. of 10-1-2001(2), § II)

Sec. 42-80. Lien against property.

The amount of the cost of demolition, including all court costs, appraisal fees, administrative costs incurred by the tax commissioner, and all other costs necessarily associated with the abatement action, including restoration to grade of the real property after demolition, shall be a lien against the real property upon which such cost was incurred.

(Ord. of 10-1-2001(2), § II)

Sec. 42-81. Enforcement of lien.

This lien shall attach to the real property upon the filing of a certified copy of the order requiring repair, closure, or demolition in the office of the clerk of the superior court of the county. The lien shall be superior to all other liens on the property, except liens for taxes, to which it shall be inferior. After filing a copy of the order with the clerk, the building inspector shall forward a copy of the order and a final statement of costs to the county tax commissioner. It shall be the duty of the tax commissioner to collect the amount of the lien in conjunction with the collection of ad valorem taxes on the property and to collect the amount of the lien as if it were a real property ad valorem tax, using all methods available for collecting real property ad valorem taxes. The tax commissioner shall remit the amount collected to the city. Thirty days after imposition of the lien, the unpaid lien amount shall bear interest and penalties in the same amount as applicable to interest and penalties on unpaid real property ad valorem taxes.

(Ord. of 10-1-2001(2), § II)

Secs. 42-85? 42-115. Reserved.

ARTICLE IV.
NOISE*

------------

Editor's note: An ordinance adopted Jan. 20, 2004, amended Art. IV, §§ 42-116? 42-119, in its entirety, and supplied provisions for a new Art. IV, §§ 42-116? 42-125, to read as set out herein. Former Art. IV, §§ 42-116? 42-119 pertained to similar subject matter and derived from Code 1976, §§ 10-1? 10-3 and an ordinance adopted Sept. 16, 2002(2), §§ I and II.

State law references: Limits on sound volume produced by radio, tape player or other mechanical sound-making device or instrument from within motor vehicle, O.C.G.A. § 40-6-14; sale of muffler which causes excessive noise prohibited, O.C.G.A. § 40-8-71(c); nuisances, O.C.G.A. § 41-1-1 et seq.; jurisdiction of municipal court or magistrate court to abate nuisance, O.C.G.A. § 41-2-5.

------------

Sec. 42-116. Definitions.

All terminology used in this article, not defined below, shall be in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body. The following words and terms, when used in this article, shall have the following meanings:

A-weighting is the electronic filtering in sound level meters that models human hearing frequency sensitivity.

Background sound level is the total sound pressure level in the area of interest excluding the noise source of interest.

Boom box means any self-contained, portable, hand-held music or sound amplification or reproduction equipment capable of emitting sound.

Boom car means any vehicle with loudspeakers, amplifiers, radio receiving sets, musical instruments, phonographs or other equipment capable of producing, reproducing or emitting sound which is cast upon the public street for personal or commercial purposes.

Commercial or business property category is all property which is used primarily for the sale of merchandise or goods, or for the performances of service, or for office or clerical work.

Construction is any site preparation, assembly, erection, repair, alteration or similar action, or demolition of buildings or structures.

Decibel (dB) is the unit of measurement for sound pressure level at a specified location.

dBA is the A-weighted unit of sound pressure level.

Emergency is any occurrence or set or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action.

Emergency work is any work or action performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.

Impulsive sound is a sound having a duration of less than one second with an abrupt onset and rapid decay.

Industrial or manufacturing property category is any property which is used primarily for manufacturing or processing.

Institutional property category is any property which is used primarily for public purposes such as city hall or a city park.

Legal holidays recognized by Pooler include New Years Eve, New Years Day, Martin Luther King Jr. Day, Memorial Day, Independence Day, Veteran's Day, Labor Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, and Christmas Day.

Muffler is a sound-dissipative device or system for attenuating the sound of escaping gases of an internal combustion engine where such a device is part of the normal configuration of the equipment.

Multi-family dwelling is any building or other shelter that has been divided into separate units to house more than one family.

Noise is any sound which annoys or disturbs humans or causes or tends to cause an adverse psychological or physiological effect on humans.

Noise disturbance is any sound that (a) endangers the safety or health of any person, (b) disturbs a reasonable person of normal sensitivities, or (c) endangers personal or real property.

Noise sensitive facility means any facility whose operations may be detrimentally impacted by excessive sound levels. Such facilities include, but are not limited to, schools, hospitals, and places of worship.Octave band is all the components in a sound spectrum whose frequencies are between two sine waves components separated by an octave.

Public space property category is any real property or structures thereon that is owned, leased, or controlled by a governmental entity.

Real property line is the line, including its vertical extension, that separates one parcel of real property from another.

Residential property category is all property on which people live and sleep or that which is not commercial or industrial.

Sound level meter (SLM) is an instrument used to measure sound pressure levels conforming to Type 1 or Type 2 standards as specified in ANSI Standard S1.4-1983 or the latest version thereof.

Sound pressure level (SPL) is 20 multiplied by the logarithm, to the base ten, of the measured sound pressure divided by the sound pressure associated with the threshold of human hearing, in units of decibels.

Weekday is any day, Monday through Friday, that is not a legal holiday.

(Ord. of 1-20-2004, § II)

Sec. 42-117. Sound level limitations.

(a) No person shall cause, suffer, allow, or permit the operation of any sound source in such a manner as to create a sound level that exceeds the sound level limits set forth in Table 1 when measured at or within the real property line of the receiving property using the slow response setting unless otherwise noted. Such a sound source would constitute a noise disturbance.

TABLE 1. Sound Level Limits by Receiving Property

(b) If the noise is an impulsive sound, the fast response setting shall be used and the daytime (7:00 a.m.? 11:00 p.m.) limits of Table 1 shall be increased by ten dBA.

(c) In a multi-family dwelling, it shall be unlawful to create or permit to be created any noise that exceeds the daytime (7:00 a.m.? 11:00 p.m.) limit of 55 dBA and the nighttime (11:00 p.m.? 7:00 a.m.) limit of 45 dBA as measured from the closest neighbor's dwelling.

(Ord. of 1-20-2004, § II)

Sec. 42-118. Exemptions.

(a) Noise generated from municipally sponsored or approved celebrations or events shall be exempt from the provisions of this article.

(b) The following are exempt from the sound level limits of section 41-117(a):

(1) Sound by public safety vehicles, emergency signaling devices, or authorized public safety personnel for the purpose of alerting persons to the existence of an emergency;

(2) Noise from an exterior burglar alarm of any building, provided such burglar alarm shall terminate its operation within five minutes of its activation if the sound is uninterrupted or ten minutes if intermittent;

(3) Noise from any automobile alarm, provided such alarm shall terminate its operation within five minutes of its activation if the sound is uninterrupted or ten minutes if the sound is intermittent;

(4) The generation of sound in situations within the jurisdiction of the Federal Occupational Safety and Health Administration;

(5) Noise resulting from any practice or performance sponsored by or associated with the educational process administered by a recognized institution of learning, including, but not limited to band, choir, and orchestral performances;

(6) Noise that results from the activities of an organized sports league;

(7) Unamplified bells, chimes or carillons while being used in conjunction with religious services between the hours of 7:00 a.m.? 10:00 p.m.;

(8) Emergency work;

(9) Surface carriers engaged in commerce by railroad;

(10) Events with amplified sound that are operating within the time and volume parameters set forth in an approved special administrative permit;

(11) Racing events at 200 Jesup Road, Pooler, Georgia, as currently operated.

(Ord. of 1-20-2004, § II)

Sec. 42-119. Restricted uses and activities.

Notwithstanding the provisions of section 42-117(a) and the exceptions above, the following standards shall apply to the activities or sources of sound set forth below:

(1) Non-commercial or non-industrial power tools used for landscaping and year maintenance shall not be operated between the hours of 10:00 p.m. and 7:00 a.m., unless such activities can meet the applicable limits set forth in section 42-117(a). At all other times, the limits set forth in section 42-117(a) do not apply to non-commercial or non-industrial power tools and landscaping and year maintenance equipment, provided that all motorized equipment is operated with a functioning muffler.

(2) Commercial or industrial power tools used for landscaping and yard maintenance shall be operated with a muffler. All motorized equipment used in these activities shall not be operated on a residential property or within 250 feet of a residential property line, between the hours of 10:00 p.m. and 7:00 a.m. on weekdays, or between the hours of 10:00 p.m. and 9:00 a.m. on weekends, unless:

a. Such activities are deemed emergency work, or

b. Such activities meet the limits set forth in section 42-117(a).

At all other times, the limits set forth in section 42-117(a) do not apply to commercial or industrial power tools and landscaping and yard maintenance equipment.

(3) Construction and demolition activity shall not be performed between the hours of 10:00 p.m. and 7:00 a.m. on weekdays, or between the hours of 10:00 p.m. and 9:00 a.m. on weekends, unless:

a. Such activities are deemed emergency work; or

b. Such activities meet the limits set forth in section 42-117(a).

This provision shall not apply if the city code enforcement officer determines that the loss or inconvenience that would result to any party in interest is of such a nature as to warrant special consideration. In such cases, the city code enforcement officer may grant a renewable permit for a period not to exceed ten days for this work to be done within the hours of 10:00 p.m. to 7:00 a.m.

(4) Domesticated animals may not make any vocalizations (including barking, baying, howling, crying, or making any other noise) for more than ten minutes without interruption or more than 20 minutes if intermittent.

(5) Personal or commercial vehicular music amplification or reproduction equipment, including, but not limited to boom cars, shall not be operated in such a manner as to be plainly audible at a distance of 50 feet in any direction from the equipment between the hours of 8:00 p.m. and 10:00 a.m. Between the hours of 10:00 p.m. and 8:00 a.m. such equipment shall not be operated in such a manner that it is plainly audible at a distance of 25 feet in any direction.

(6) Boom boxes, or any similar device, shall not be operated in a public place or public right-of-way in such a manner as to be plainly audible at a distance of 50 feet in any direction from the operator between the hours of 8:00 a.m. and 10:00 p.m. Between the hours of 10:00 p.m. and 8:00 a.m., such equipment shall not be operated in such a manner that it is plainly audible at a distance of 25 feet in any direction.

(Ord. of 1-20-2004, § II)

Sec. 42-120. Motorized vehicles.

The following provisions shall apply to all motor vehicles requiring registration by the State of Georgia Department of Public Safety (including motorcycles):

(1) No person shall operate the engine providing motive power, or an auxiliary engine, or a motor vehicle with a manufacturer's gross vehicle weight rating of 10,000 pounds or more for a consecutive period longer than 20 minutes while such vehicle is standing and located within 150 feet of property zoned and used for residential purposes except where such vehicle is standing within a completely enclosed structure. This section shall not apply to delivery or pickup vehicles that require the operation of the engine to unload or load their vending loads.

(2) No person shall drive or move or cause or knowingly permit to be driven or moved a motor vehicle or combination of vehicles at any time in such a manner as to exceed the following sound level limits set forth in Table 2 for the category of motor vehicle shown below. Noise shall be measured at a distance of at least 25 feet (7.5 meters) from the near side of the nearest lane(s) being monitored and at a height of at least four feet above the immediate surrounding surface.

TABLE 2? Motor Vehicle Sound Limits

(3) This section shall apply to the total noise from a vehicle or combination of vehicles and shall not be construed as limiting or precluding the enforcement of any other provisions of this article relating to motor vehicle mufflers for noise control.

(4) No person shall operate or cause to be operated any motor vehicle unless the exhaust system of such vehicle is:

a. Free from defects which affect sound reduction;

b. Equipped with a muffler or other noise-dissipative device; and

c. Not equipped with any cutout, bypass or similar device.

(Ord. of 1-20-2004, § II)

Sec. 42-121. Noise control administrator.

There shall be created a noise control administrator who shall be the city code enforcement officer or designee who shall have the power and authority to:

(1) Coordinate the noise control activities of all departments of the city and cooperate with all other public bodies and agencies to the extent practicable;

(2) Review the actions of the city and advise the city of the effect, if any, of such actions on noise control;

(3) Review public and private projects, upon request of other departments or boards, for compliance with this article;

(4) Promulgate and publish rules and procedures to establish techniques for measuring noise, and to provide for clarification, interpretation, and implementation of this article;

(5) Delegate the duties and functions of noise control officer to any duly qualified individual according to the provisions of section 42-122.

(Ord. of 1-20-2004, § II)

Sec. 42-122. Noise control officers.

(a) Where the provisions of this ordinance require the measurement of sound with the use of a sound level meter, noise control officers shall make such measurement.

(b) A person shall be qualified to be a noise control officer in the person meets criteria established by the city code enforcement officer and receives appropriate training in the measurement of sound using a sound level meter.

(c) Upon occurrence of a violation of this article, noise control officers or any police officers having jurisdiction in the area where the violation takes place, may issue a citation/summons for the violation returnable to the Municipal Court of Pooler. Penalties for violations of this article will be governed by section 42-125.

(Ord. of 1-20-2004, § II)

Sec. 42-123. Procedures for the determination of sound levels.

(a) Insofar as practicable, sound will be measured while the source under investigation is operating at normal, routine conditions and, as necessary, at other conditions, including but not limited to, design, maximum and fluctuating rates. All noise measurements shall be made at or within the property line of the impacted site, unless otherwise directed in this ordinance. When instrumentation cannot be placed at or within the property line, the measurement shall be made as close thereto as is reasonable. For the purposes of this ordinance, noise measurements are measurements are measured on the A- or C- weighted sound scale, as applicable, of a sound level meter of standard design and quality having characteristics established by ANSI.

(b) The sound level meter and calibrator must be re-certified every two years at a laboratory approved by the city code enforcement officer. A field check of meter calibration and batteries must be conducted before and after every set of measurements.

(c) Total and neighborhood residual sound level measurements shall be taken in accordance with procedures established and approved by the city code enforcement officer. Calculation of source sound levels shall conform with accepted practice established by ANSI.

(Ord. of 1-20-2004, § II)

Sec. 42-124. Requests for temporary relief or stay.

(a) Any person requesting temporary relief or a stay from the enforcement of this ordinance shall apply to the city code enforcement officer for a special administrative permit for a period of time not to exceed 30 days. The city code enforcement officer has discretion to consider and grant or deny the special administrative permit (with such conditions as may be warranted), if strict enforcement of this article will result in exceptional and undue hardship to the applicant. Under no circumstances shall the city code enforcement officer grant a stay of enforcement of this article for more than 60 days within any six-month period.

(b) Applications for special administrative permits shall be on a form prescribed by the city code enforcement officer which shall, among other matters, address the nature of the noise, attenuation measures, and the hardships to the applicant and others if the permit is not granted.

(c) A special administrative permit may be revoked and the issuance of future permits withheld, if there is a:

(1) Violation of any conditions of the permit;

(2) Material misrepresentation of fact in the permit application; or,

(3) Material change in any of the circumstances relied upon by the city code enforcement officer in granting the permit.

(d) No special administrative permit shall be granted for amplified sound.

(e) No special administrative permit shall be authorized to delete, modify, or change in any manner any requirement imposed as a condition of zoning or as a condition of a special or conditional land use permit imposed by the city council.

(f) Appeals of any special administrative permit decision made by the city code enforcement officer or his or her designee shall be to the city council.

(Ord. of 1-20-2004, § II)

Sec. 42-125. Enforcement procedures.

(a) The city may prosecute noise related violations by issuance of a city ordinance citation, in which case, the penalty for a violation shall be as set forth in section 1-12.

(b) In addition to issuing a fine as provided in section 1-12, or in lieu thereof, the municipal court judge may issue an order requiring immediate abatement of any sound source alleged to be in violation of this section.

(c) No provision of this section shall be construed to impair any common law or statutory cause of action, or legal remedy therefore, of any person for injury or damage arising from any violation of this section or from other law.

(Ord. of 1-20-2004, § II)

Secs. 42-126? 42-150. Reserved.

ARTICLE V.
STORMWATER MANAGEMENT*

------------

State law references: Authority to provide for stormwater collection and disposal, Ga. Const. art. IX, § II, ¶ III(a)(6).

------------

Sec. 42-151. Findings.

It is found that:

(1) Uncontrolled stormwater drainage/discharge may have a significant, adverse impact on the health, safety and welfare of the city and the quality of life of its citizens. Surface water runoff can carry pollutants and nutrients into receiving waters.

(2) Uncontrolled stormwater drainage can increase the incidence of flooding and the level of floods which occur, endangering roads, other public and private property and human life.

(3) Altered land surfaces can change the rate and volume of runoff.

(4) Adverse water quality and quantity consequences described in this section could result in substantial economic losses. Potential losses include, but are not limited to, increased water treatment costs as well as state and federal fines associated with water quality violations.

(5) Many future problems can be avoided through proper stormwater management.

(6) Every parcel of real property, both public and private, either uses or benefits from the maintenance of the municipal/county separate storm sewer system.

(7) Current and anticipated growth will contribute to and increase the need for improvement and maintenance of the municipal/county separate storm sewer system.

(Ord. of 12-18-1995, § II)

Sec. 42-152. Objectives.

The objectives of this article include the following:

(1) Protect, maintain and enhance the shortterm and longterm public health, safety and general welfare. This will be achieved by providing for regulation and management of municipal/county separate storm sewer systems, including public and private facilities in the city's service area.

(2) Comply with state department of natural resources (DNR) and federal Environmental Protection Agency (EPA) stormwater regulations developed pursuant to the Clean Water Act. These requirements include:

a. Control the contribution of pollutants to the municipal/county separate storm sewer system by stormwater discharges associated with commercial and industrial activity and the quality of stormwater discharged from sites of commercial and industrial activity;

b. Prohibit illicit connections to municipal/county separate storm sewers;

c. Control discharge to municipal/county separate storm sewers of spills, dumping or disposal of materials other than stormwater; and

d. Control, through intergovernmental agreements, contribution of pollutants from one municipal/county separate storm sewer system to another.

(Ord. of 12-18-1995, § II)

Sec. 42-153. Definitions.

(a) For the purposes of this article, unless specifically defined in this section, words or phrases shall be interpreted so as to give them the meaning they have in common usage and to give this article its most effective application. Words in the singular shall include the plural, and words in the plural shall include the singular. Words used in the present tense shall include the future tense. The word "shall" connotes mandatory and not discretionary; the word "may" is permissive. Unless otherwise specified, or it is apparent from the context, definitions in this section will be the same as those in other city codes. For purposes of this article, the following terms, phrases and words, and their derivatives, shall have the meaning given in this section, as follows:

Accidental discharge means a discharge prohibited by this article into the municipal/county separate storm sewer system which occurs by chance and without planning or consideration prior to occurrence.

Appeal authority means the city council which will review appeals to this article and render decisions and variances.

Best management practices (BMPs) means a wide range of management procedures, activities and prohibitions or practices which control the quality and/or quantity of stormwater runoff and which are compatible with the planned land use.

Clean Water Act means the Federal Water Pollution Control Act, as amended (33 USC 1251 et seq.).

Conveyance means stormwater features designed for the movement of stormwater through the drainage system, such as concrete or metal pipes, ditches, depressions, swales, etc.

Cooling water means water used exclusively as a cooling medium in an appliance, device or apparatus.

Department means the city public works department which will be responsible for all stormwater management activities and implementation of the provisions of this article.

Development activity means:

(1) The division of a lot, tract or parcel of land into two or more lots, plots, sites, tracts, parcels or other divisions, by plat or deed;

(2) The construction, installation or alteration of a structure, impervious surface or drainage facility;

(3) Clearing, scraping, grubbing or other activities significantly disturbing the soil, vegetation, mud, sand or rock of a site; or

(4) Adding, removing, exposing, excavating, leveling, grading, digging, burrowing, dumping, piling, dredging or otherwise disturbing the soil, vegetation, mud, sand or rock of a site.

Director means either the director of the city public works department or any of his duly authorized representatives.

Discharge means the release of treated or untreated water to the municipal/county separate storm sewer system.

Easement means an acquired legal right for the specific use of land owned by others.

Governing body means the city council.

Illicit connection means a connection to a municipal/county separate storm sewer system which results in discharge that is not composed entirely of stormwater runoff except discharges pursuant to a National Pollutant Discharge Elimination System (NPDES) permit (other than the NPDES permit for discharges from the municipal/county separate storm sewer).

Maintenance means any action necessary to preserve stormwater management facilities in proper working condition, in order to serve the intended purposes set forth in this article or to prevent structural failure of such facilities.

Municipal/county separate storm sewer system means a conveyance or system of conveyances, including roads with drainage systems, highways, rights-of-way, municipal/county streets, catchbasins, curbs, gutters, ditches, manmade channels, storm drains, detention ponds or other stormwater facilities, which is:

(1) Owned or maintained by the city;

(2) Designed or used for collecting or conveying stormwater;

(3) Not a combined sewer; and

(4) Not part of a publicly owned treatment works (POTW).

Person means any and all persons, natural or artificial, and includes any individual, firm, corporation, government agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest or any other legal entity.

Pollution means the contamination or other alteration of any water's physical, chemical or biological properties, including change in temperature, taste, color, turbidity or odor of such waters or discharge of any liquid, gaseous, solid, radioactive or other substance into any such waters as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety or welfare or to domestic, commercial, industrial, agricultural, recreational or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life.

Private means property or facilities owned by individuals, corporations and other organizations and not by city, county, state or the federal government.

Procedure means a procedure adopted by the city to implement a regulation adopted under this article, or to carry out other responsibilities as may be required by this Code or other codes, ordinances or resolutions of the city or other agencies.

Regulation means any regulation, rule or requirement prepared by the department of public works and adopted by the city pursuant to the requirements of this article.

Sanitary sewer system means the complete sanitary sewer system of the city which discharges sewage directly or indirectly into the sewage treatment plant, including sanitary sewer pipelines, manholes and flushing inlets and appurtenances thereto, but shall exclude any portion or facilities of the sewage treatment plant.

Site means any lot, plot, parcel or tract of land.

Stormwater means stormwater runoff, snow melt runoff and surface runoff and drainage.

Stormwater management means the collection, conveyance, storage, treatment and disposal of stormwater runoff in a manner to meet the objectives of this article and which shall include a system of vegetative and/or structural measures that control the increased volume and rate of stormwater runoff and water quality impacts caused by manmade changes to the land.

Stormwater management facilities means constructed or natural components of a stormwater drainage system, designed to perform a particular function, or multiple functions, including, but not limited to, pipes, swales, ditches, culverts, street gutters, detention basins, retention basins, constructed wetlands, infiltration devices, catchbasins, oil/water separators, sediment basins, natural and modular pavement.

Stormwater runoff means the direct response of a land surface to precipitation and includes the surface and subsurface runoff that enters a ditch, stream, storm drain or other concentrated flow during and following the precipitation.

Variance means the modification of the minimum stormwater management requirements for specific circumstances where strict adherence to the requirements would result in unnecessary hardship and not fulfill the intent of this article.

Water quality means those characteristics of stormwater runoff that relate to the physical, chemical, biological or radiological integrity of water.

Water quantity means those characteristics of stormwater runoff that relate to the rate and volume of the stormwater runoff.

(Ord. of 12-18-1995, § II)

Cross references: Definitions generally, § 1-2.

Sec. 42-154. Scope of responsibility.

(a) The provisions of this article shall apply throughout the corporate area of the city.

(b) The director of the department shall be responsible for the coordination and enforcement of the provisions of this article.

(c) The department shall be responsible for the conservation, management, maintenance, where applicable, extension and improvement of the municipal/county separate storm sewer system, including activities necessary to control stormwater runoff and activities necessary to carry out stormwater management programs included in the city's National Pollutant Discharge Elimination System stormwater permit.

(d) The application of this article and the provisions expressed in this article shall be the minimum stormwater management requirements and shall not be deemed a limitation or repeal of any other local requirements authorized by state statute. Other stormwater project improvements as defined under state law, may be required.

(Ord. of 12-18-1995, § II)

Sec. 42-155. Powers of the department.

(a) The department shall have the power to administer and enforce all regulations and procedures adopted to implement this article, including the right to maintain an action or procedure in any court of competent jurisdiction to compel compliance with or restrain any violation of this article.

(b) The department shall:

(1) Administer, coordinate and oversee acquisition, design, construction and operation and maintenance (O&M) of municipal/county stormwater facilities and conveyances;

(2) Establish or oversee establishment of development standards and guidelines for controlling stormwater runoff;

(3) Determine the manner in which stormwater facilities should be operated;

(4) Inspect private systems which discharge to the municipal/county separate storm sewer system;

(5) Advise the city council, other city departments and other local governments on issues related to stormwater;

(6) Protect facilities and properties controlled by the department and prescribe how they are used by others;

(7) Require new, increased or significantly changed stormwater contributions to comply with the terms of this article;

(8) Develop programs or procedures to control the discharge of pollutants into the municipal/county separate storm sewer system; and

(9) Adopt and implement the stormwater management program for the city.

(Ord. of 12-18-1995, § II)

Sec. 42-156. Runoff quantity controls.

(a) Water quantity controls will be provided as a part of all development pursuant to the provisions of article II of this chapter and other applicable provisions of this Code.

(b) The director may allow stormwater runoff that otherwise is of unacceptable quantity or which would be discharged in volumes or at rates in excess of those otherwise allowed by article II of this chapter or this Code to be discharged into drainage facilities off-site of the development, provided the following conditions are met:

(1) Off-site drainage facilities and channels leading to them are designed, constructed and maintained in accordance with requirements of article II of this chapter and other applicable provisions of this Code;

(2) Adequate provision is made for sharing of construction, maintenance and operating costs of facilities; and

(3) It is not feasible to completely manage runoff on-site in a manner that meets the design and performance standards found in article II of this chapter or applicable provisions of this Code.

(Ord. of 12-18-1995, § II)

Sec. 42-157. Prohibition.

(a) It is unlawful for any person to throw, drain, run or otherwise discharge to any component of the municipal/county separate storm sewer system or to cause, permit or suffer to be thrown, drained, run or allow to seep or otherwise discharge into such system all matter of any nature.

(b) The director may exempt the following from the prohibition set forth in subsection (a) of this section:

(1) Water line flushing performed by a government agency, diverted stream flows, rising groundwaters and unpolluted groundwater infiltration.

(2) Unpolluted pumped groundwater.

(3) Discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands and street wash water.

(4) Discharges or flows from firefighting.

(5) Other unpolluted water.

(c) In the event of an accidental discharge or an unavoidable loss to the municipal/county separate storm sewer system of any material or substance other than stormwater runoff, the person concerned shall inform the city department of public works and all other impacted entities immediately (not longer than two hours) of the nature, quantity and time of occurrence of the discharge. The person concerned shall take immediate steps to contain, treat or take other actions to minimize effects of the discharge on the municipal/county separate storm sewer system and receiving streams. The person shall also take immediate steps to ensure no recurrence of the discharge.

(Ord. of 12-18-1995, § II)

Sec. 42-158. Improper connections.

(a) It is unlawful for any person to connect any pipe, open channel or any other conveyance system that discharges anything except stormwater or unpolluted water which is approved by the director, based on the exemptions listed in section 42-157(b), to the municipal/county separate storm sewer system.

(b) Improper connections in violation of this section must be disconnected and redirected, if necessary, to the city's sanitary sewer system upon approval by the director.

(Ord. of 12-18-1995, § II)

Sec. 42-159. Maintenance and inspection.

(a) Any stormwater management facility or best management practice which services a single lot or commercial and industrial development shall be privately owned and maintained. The owner shall maintain a perpetual, nonexclusive easement which allows for access for maintenance.

(b) All other stormwater management control facilities and best management practices shall be publicly owned and/or maintained only if accepted for maintenance by the city.

(c) The director may require dedication of privately owned stormwater facilities which discharge to the municipal/county separate storm sewer system to the city or may require the grant of a perpetual, nonexclusive easement to the city which allows for access for maintenance.

(d) The department director shall determine inspection schedules necessary to enforce the provisions of this article.

(e) The director or his designee, bearing proper credentials and identification, shall be permitted to enter, in accordance with state and federal law, all properties for regular inspection, periodic investigation, observation, measurement, enforcement, sampling and testing, in accordance with provisions of this article. The director or his designee shall duly notify the owner of such property or the representative on-site of such inspection, except in the case of an emergency.

(f) The director or his designee, bearing proper credentials and identification, shall be permitted to enter, in accordance with state and federal law, all properties for which the city holds a negotiated easement for repairs, maintenance and other purposes related to any portion of the stormwater management facilities lying within such easement. The director or his designee shall duly notify the owner of such property, or the representative on-site, of such inspection, except in the case of an emergency.

(g) Measurements, tests and analyses performed by the department or required of any discharger to the municipal/county separate storm sewer system shall be in accordance with 40 CFR 136, unless another method is approved by the director.

(h) If, after inspection, the condition of a facility presents an immediate danger to the public health or safety because of unsafe conditions or improper maintenance, the city shall have the right to take action, as may be necessary, to protect the public and make the facility safe, at the expense of the facility.

(i) If, after inspection, the condition of a facility results in a violation of this article, the owner of the facility will be notified of the violation.

(Ord. of 12-18-1995, § II)

Sec. 42-160. Variance.

(a) The director may grant a variance from the requirements of this article if exceptional circumstances applicable to a site exist such that strict adherence to the provisions of this article will result in unnecessary hardship and will not fulfill the intent of this article. The director may grant a variance from requirements of this article if the proposed development activity will not:

(1) Change the rate or volume of runoff significantly;

(2) Have a significant, negative impact on any wetland, watercourse or water body; or

(3) Contribute to degradation of water quality.

(b) A written request for a variance from this requirements of this article shall be required and shall state the specific variance sought and the reasons, with supporting data, a variance should be granted. The request shall include all information necessary to evaluate the proposed variance.

(c) The director will conduct a review of the request for a variance from the requirements of this article within ten working days of receiving the request.

(Ord. of 12-18-1995, § II)

Sec. 42-161. Appeals.

(a) Any person aggrieved by a decision of the director, including any decision with reference to the granting or denial of a variance from the terms of this article, may appeal such decision by filing a written notice of appeal with the director within five days of the issuance of such decision by the director.

(b) After a notice of appeal is filed, the director can then reverse his decision or send such notice to the city council. A notice of appeal shall state the specific reasons why the decision of the director is alleged to be in error, and the director shall prepare and send to the city council and appellant a written response to the notice of appeal within ten days of receipt of the notice of appeal.

(c) All appeals shall be heard by the city council. The hearing shall be held within 30 days after receipt of the notice of appeal or a date mutually agreed upon, in writing, by the appellant and the chairman of the city council. The city council shall then make its findings within ten days of the appeal hearing.

(d) If either the appellant or director is dissatisfied with the city council's decision, they can appeal such decision to the city municipal court.

(Ord. of 12-18-1995, § II)

Sec. 42-162. Cooperation with other governments.

The city may enter into agreements with other local governments to carry out the purpose of this article. These agreements may include, but are not limited to, enforcement of provisions, resolution of disputes, cooperative monitoring and cooperative management of stormwater system and management programs.

(Ord. of 12-18-1995, § II)

Sec. 42-163. Liability for costs.

Any person in violation of any provision of this article shall pay for all of the city's costs associated with the violation, including, but not limited to, containment, clean up, injury, death, legal and other costs.

(Ord. of 12-18-1995, § II)

Sec. 42-164. Violation; penalties.

(a) Upon determination that a violation of this article has occurred, the director shall give written notice to the accused violator within three days of such determination of violation. This notice shall specify the nature and evidence of the violation, the potential penalty involved and the amount of time in which to correct deficiencies, if appropriate.

(b) Violation of the provisions of this article constitutes an infraction subject to a penalty as provided in section 1-12. Each day of noncompliance is considered a separate offense. Nothing contained in this section shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation, including application for injunctive relief.

(Ord. of 12-18-1995, § II)

Secs. 42-165? 42-195. Reserved.

ARTICLE VI.
TREE PROTECTION*

------------

Editor's note: An ordinance adopted Dec. 20, 2004, delete Art. VI, §§ 42-196? 42-206, in its entirety and supplied provisions for a new Art. VI, §§ 42-196? 42-207, to read as set out herein. Former Art. VI, §§ 42-196? 42-206, pertained to similar subject matter and derived from an ordinance adopted Jan. 4, 1999.

------------

Sec. 42-196. Intent.

(a) The city deems it necessary and desirable in the interest of public health, safety and welfare to enact an ordinance for the preservation, planting and replacement of trees and to prevent the indiscriminate removal of trees and reduction of canopy cover within the city. It is the intent of this article that all site development, residential, commercial, and industrial, be undertaken with a survey of trees on the portion of land proposed for development and the final placement of the buildings, structures, roads, utilities and other features minimizes the removal of significant trees on the property and to recognize the importance in preserving, protecting and planting of trees for:

(l) Aiding in the prevention of erosion and sedimentation;

(2) Reducing storm water runoff;

(3) Aiding in removing carbon dioxide and other harmful contaminants;

(4) Generating oxygen into the atmosphere; and

(5) Enhancing the quality of life and welfare for current and future citizens of the city.

(b) Definitions.

Buffer. Open space, landscaped areas, natural vegetation or undisturbed areas, fences, walls, berms, or any combination thereof used to physically separate or screen one use of property from another so as to visually shield lights or other nuisances.

DBH. Diameter at breast height is a standard measure of tree size and is a tree trunk diameter measured in inches at a height of four and one-half feet above the ground. If a tree splits into multiple trunks below four and one-half feet, then the trunk is measured at its most narrow point beneath the split.

Preferred tree. See list of preferred trees in section 42-198.

Significant tree. Any healthy tree, excluding pine trees and Sweet Gums, with a dbh of 24 inches or larger and Live Oaks with a dbh of 18 inches or larger.

Tree fund. An account, maintained by the finance department of the city, of funds contributed from developers as a form of alternative compliance to the Pooler Tree Ordinance. Funds from the tree fund are to be used solely to fund tree planting and landscaping projects within the city as authorized by the public works director.

Tree protection zone. The area surrounding a preserved or planted tree that is essential to that tree's health and survival, and is protected within the guidelines of this article.

(Ord. of 12-20-2004, § 2)

Sec. 42-197. Minimal tree coverage.

(a) Residential tree requirement? a residential lot shall have a minimum of three preferred trees, of which one shall be located in the front of the residence. All trees preserved on a residential lot must be protected and nurtured until final inspection and approval of improvements by the city building official.

(b) Multi-family, commercial and industrial requirement? the minimum allowable post development tree coverage for all development sites shall be 15 existing trees (excluding pine trees and Sweet Gums), eight-inch diameter at breast height (dbh) and larger per acre developable land (excluding buffers and wetlands). Each tree with a diameter of 24 inches dbh or larger (Live Oak with a dbh of 18 inches or larger) must be designated on the landscape plan and may count as five trees towards meeting the minimum allowable coverage. Each tree with a diameter of 36 inches dbh or larger (Live Oak with 30 inches dbh or larger) must also be designated on the landscape plan and may count as ten trees towards meeting the minimum allowable coverage.

(Ord. of 12-20-2004, § 2)

Sec. 42-198. Significant trees.

While all types of trees are protected under this article, special emphasis is placed on the preservation of large trees and certain more valued species listed in this section. The highest priority shall be given to the preservation of trees with a diameter at breast height (dbh) of 24 inches or larger (Live Oaks with 18 inches or larger), excluding pine trees or Sweet Gums. Removal of these valued trees can only be permitted by the city planning and zoning commission during the site and landscape plan review process. If a significant tree is to be removed, the planting of new trees of the same species, or preferred species if the same species is not available, totaling the same number of inches in diameter will be required. Replacement trees shall have a minimum dbh of six inches.

(1) Preferred tree list for residential development? American Holly, Birch, Cypress, Dogwood, Hickory, Live Oak, Magnolia, Maple, Pecan, Sycamore, Walnut, Willow, Drake Elm, Bosque Elm, and Alee Elm.

(2) Preferred tree list for multi-family, commercial, public institutional or industrial development? American Holly, Birch, Cypress, Hickory, Live Oak, Maple, Palm (greater or equal to eight-inch dbh), Sycamore, Walnut, Willow, Drake Elm, Bosque Elm, and Alee Elm.

(Ord. of 12-20-2004, § 2)

Sec. 42-199. Replacement.

If site design alternatives cannot achieve the minimum allowable existing tree coverage, or where pre-development tree coverage is less than the prescribed minimum, the developer will be required to plant the minimum required number of hardwood trees no less than two-inch dbh and a minimum height requirement of eight feet. The trees to be planted must be preferred hardwoods that conform to the American Standard for nursery stock. Planted or relocated trees should be appropriately placed so as to enhance the overall landscaping of the site. All trees planted or relocated on the site must be protected and nurtured until final inspection and approval of improvements by the city building official.

(1) Residential tree replacement. A residential lot shall have a minimum of three preferred trees, of which one shall be located in the front of the residence. All trees planted or relocated on a residential lot must be protected and nurtured until final inspection and approval of improvements by the city building official.

(2) Multi-family, commercial and industrial tree replacement. Any tree required to meet minimum tree coverage requirements that is lost after 12 months of final approval by the city building official shall be replaced with a two and one-half-inch dbh tree of the same type. If a significant tree is lost subsequent to development and before final inspection by the city building official, it shall be replaced according to this section.

(3) Commercial and industrial hardship alternative. Based on the type of development proposed, the planning and zoning commission may provide an option to the developer which enables him to provide less than the required tree coverage. If the provision is granted, the developer would be required to monetarily reimburse the city for the unused trees. This reimbursement should equal 125 percent of the value of a healthy Live Oak with dbh of six inches. The city will in turn use the money to fund tree planting and landscaping projects on city property.

(Ord. of 12-20-2004, § 2)

Sec. 42-200. Parking lot island coverage.

In commercial, multi-family, educational or industrial projects, replacement trees should be utilized in landscaped islands throughout the parking area with no more than 12 parking spaces per 400 square feet of landscaped island space. The overall project site must still meet the minimum tree coverage required by this article. A minimum of one preferred tree is required for every 12 parking spaces.

(Ord. of 12-20-2004, § 2)

Sec. 42-201. Protection zones.

Protection zones should be established and maintained for each tree preserved on a development site. The area within the tree protection zone must be open and unpaved, except where approved pervious pavers may be utilized or tree aeration systems and tree wells are installed. Building materials, vehicles or tools are not permitted to be stored in such protection zones. The protection zone is defined as a circle with a radius of one foot per one-inch dbh extending outwardly from the tree to be protected or the extent of the drip line, which ever is more restrictive. The protective barrier must not be less than four feet in height, be prominent visually and erected completely around the protection zone. The use of orange polyethylene safety fencing or a similar material is required as a minimum. The barrier must remain in place until the developer has been given permission to take it down by the city building official. Underground utility lines shall be routed around and away from tree protection zones. Necessary installation through protection zones shall be accomplished through tunneling rather than cutting open trenches which sever tree roots. Those trees designated for preservation as shown on the approved landscape plan or development site plan shall be marked on-site with a bright blue ribbon encircling the trunks of each tree. The construction plan must clearly state the purpose and reasoning for the blue ribbons to prevent any confusion at the site.

(Ord. of 12-20-2004, § 2)

Sec. 42-202. Planned developments.

In a planned unit development (PUD), as described in appendix A of this Code, silviculture or selective thinning will be allowed subject to the following conditions:

(1) An approved preliminary plan or master plan is on file with the city's planning and zoning department.

(2) In those cases where the property has been zoned a PUD under appendix A of this Code, with an approved preliminary or master plan, the planning and zoning commission shall review the landscape and tree protection plan on the proposed developed property within the master plan and may, in its discretion, balancing all factors pertaining to design and development of the master plan, grant approval or variances to such plan under the minimum tree coverage requirement. Should the planning and zoning commission and the applicant fail to reach an agreement on the proposed plan or variance to this article, then the terms and conditions of this article shall apply.

(Ord. of 12-20-2004, § 2)

Sec. 42-203. Special conditions and exceptions.

This article shall apply to all new development, except those that meet the following conditions:

(1) The active playing area of an 18-hole golf course development, including mowed grass rough, water hazards and driving range and practice putting greens;

(2) Surface mining, as defined by O.C.G.A. § 12-4-72;

(3) The construction of a single-family residence when constructed by or under contract with the owner for his own occupancy. The owner of the single-family residence, when occupying such residence, can remove trees for his own use provided future subdividing is not planned;

(4) Maintenance and utility projects (including utility easements) completed by or in part by the city, the state department of transportation and Savannah Electric;

(5) Those areas in a R-A zone (for agricultural purposes only);

(6) Removal of diseased or infested trees after verification by a Georgia Forestry Commission Forester, a Georgia Registered Landscape Architect or Registered Aborist;

(7) Trees located in state right-of-ways.

(Ord. of 12-20-2004, § 2)

Sec. 42-204. Landscape plan.

The landscape plan should be submitted with the site plan for approval by the city's planning and zoning commission before any land-disturbing is to take place. Each phase of the development must include this landscape plan, which, at a minimum, shall include:

(1) A tree survey showing the minimum tree coverage as set forth in this article, completed by a state registered land surveyor. If a portion of the tract is not to be disturbed, then a tree survey is not required on that portion;

(2) A clearing plan completed by a professional to include civil engineers, land surveyors, architects, or landscape architect, showing the location of significant trees to be removed;

(3) A tree replacement plan and the method of tree protection to be used;

(4) Areas of the site to be covered with asphalt or concrete;

(5) If a residential subdivision, a typical lot layout is required showing the minimum tree requirement of three trees per lot.

(6) A note on the plan providing adequate water sources for proposed landscaping for at least one year.

(Ord. of 12-20-2004, § 2)

Sec. 42-205. Emergencies.

In case of emergencies, such as hurricanes, windstorms, floods, freezes, fires or other disasters, the requirements of these regulations may be waived by the public works director, upon a finding that such waiver is necessary so that public or private work to restore order in the city will not be impeded.

(Ord. of 12-20-2004, § 2)

Sec. 42-206. Review and appeal.

The mayor and city council shall have the right to review the conduct, acts and decision of the planning and zoning commission related to this article. Any person may appeal any decision or recommendation to the planning and zoning commission to the mayor and city council, who may hear the matter and make the final decision.

(Ord. of 12-20-2004, § 2)

Sec. 42-207. Violation and penalty.

A violation of the provisions of this article shall constitute an ordinance offense, punishable upon warrant directed to the city municipal court, and upon conviction, shall be punished as provided in section 1-12, and in addition thereto, the violator may be enjoined from continuing the violation. Any unauthorized removal of a protected significant tree, as defined in this article, shall be considered a separate and distinct violation of this article.

(Ord. of 12-20-2004, § 2)

Secs. 42-208? 42-240. Reserved.

ARTICLE VII.
WETLANDS PROTECTION*

------------

State law references: Georgia Water Quality Control Act, O.C.G.A. § 12-5-20 et seq.

------------

Sec. 42-241. 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:

Jurisdictional wetland means an area that meets the requirements for wetlands as determined by the U.S. Army Corps of Engineers.

Jurisdictional wetland determination means an official written statement or map signed by the authorized official of U.S. Army Corps of Engineers which states whether or not jurisdictional wetlands are present on a site.

Wetland delineation means a delineation of jurisdictional wetland boundaries by the U.S. Army Corps of Engineers, as required by section 404 of the Clean Water Act, 33 USC 1344, as amended.

Wetlands inventory area means wetlands identified on the U.S. Environmental Protection Agency West Chatham County ADID Map of Wetlands and Uplands (ADID map), where available, and, as from time to time amended, or, for property outside the study area defined on the ADID map, wetlands identified on the U.S. Fish and Wildlife Service National Wetlands Inventory (NWI) Map for Chatham County, Georgia, and, as from time to time amended. A wetlands inventory area does not necessarily represent jurisdictional wetlands and cannot serve as a substitute for a jurisdictional wetland determination or a wetland delineation.

(Ord. of 2-7-2000, § I)

Cross references: Definitions generally, § 1-2.

Sec. 42-242. Administration and enforcement.

(a) When assessment required. This section is intended to provide applicants for a building permit or a demolition permit with notices when the proposed activity may require a department of the army permit due to impact upon jurisdictional wetlands. The provision in subsection (b) of this section shall not apply if the applicant can provide to the building official a valid U.S. Army Corps of Engineers wetland delineation that verifies that the proposed activity is not located within a jurisdictional wetlands, or if the applicant can provide a valid U.S. Army Corps of Engineers permit or letter that authorizes the proposed activity within jurisdictional wetlands. If such evidence of compliance with U.S. Army Corps of Engineers permitting requirements is provided, the building official shall follow normal procedures for issuing a building permit or a demolition permit.

(b) Assessment. Prior to the issuance of a building permit or a demolition permit, the building official shall assess whether the proposed activity is of the type that could result in a disturbance of wetlands and, if so, shall also assess whether the proposed activity is located within a wetland inventory area or within 100 feet of a wetland inventory area. To assess whether the proposed activity is located within a wetland inventory area or within 100 feet of a wetland inventory area, the building official shall consult the then current U.S. Environmental Protection Agency West Chatham County ADID Map of Wetlands and Uplands. If the proposed activity is not located within the study area defined on the ADID map, the building official shall consult the then current U.S. Fish and Wildlife Service National Wetlands Inventory (NWI) Map for the county.

(1) If the building official determines that the proposed activity is of a type that is not likely to result in a disturbance of wetlands or that it does not fall within 100 feet of a wetland inventory area, the building official shall follow normal procedures for issuing a building or demolition permit.

(2) If the building official determines that the proposed activity is of a type that is likely to result in a disturbance of wetlands and the proposed activity is located within a wetland inventory area or within 100 feet of a wetland inventory area, a U.S. Army Corps of Engineers jurisdictional wetland determination shall be required prior to issuance of a building or demolition permit.

a. If the U.S. Army Corps of Engineers determines that a department of the army permit is required, a building permit or a demolition permit shall be issued only following issuance of the U.S. Department of the Army permit.

b. If the U.S. Army Corps of Engineers determines that the proposed activity would not require a U.S. Department of the Army permit, the building official shall proceed with normal procedures for issuing a building or demolition permit.

(c) Effect of assessment. Wetland inventory areas do not necessarily represent jurisdictional wetlands within the county and cannot serve as a substitute for a jurisdictional wetland determination or a wetlands delineation. No permit issued by the city relieves a landowner from federal or state permitting requirements.

(Ord. of 2-7-2000, § I)

Cross references: Administration, ch. 2.

Secs. 42-243? 42-270. Reserved.

ARTICLE VIII.
WATER CONSERVATION*

------------

State law references: Flow-rate restrictions on plumbing fixtures, O.C.G.A. § 8-2-3.

------------

Sec. 42-271. Purpose.

The purpose of this article is to ensure the protection of the public health, welfare and safety of the city by having water conservation measures.

(Ord. of 8-7-2000(2), § I(19-121))

Sec. 42-272. Coverage.

This article shall apply within the territorial limits of the city.

(Ord. of 8-7-2000(2), § I(19-122))

Sec. 42-273. 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:

Commercial water and industrial water means water that is used as an integral part to produce goods and services by any establishment having financial profit as their primary aim. It does not include reclaimed or treated wastewater used for irrigation purposes.

Conservation means the reduction in water use to prevent depletion or waste of the resource.

Customer means all persons in whose name the city water department maintains an account for water use, or who are responsible for payment for water passing through a particular meter. All customers are responsible for any use of water that passes through the meter for which they are responsible.

Domestic water means water that is used for personal needs or for household purposes such as drinking, bathing, heating, cooking, sanitation, or for cleaning a residence.

Emergency means any one or all of the following are present: Water supplies are below the level necessary to meet normal needs of the city causing a shortage; there is inadequate water treatment capabilities; mechanical difficulty that exists to the level that water supplies are below the level such that normal needs cannot be met; or any other unforseen circumstance which results in or may result in water supplies being at a level such that normal needs cannot be met.

Essential water means water specifically for firefighting, maintaining instream flow requirements, and necessary to meet the public health and safety requirements.

Nonessential water means water not specifically for firefighting, maintaining instream flow requirements and does not promote public health and safety requirements.

Water means all water available to the city for treatment by virtue of the city's water rights or withdrawal permits and any treated water introduced by the town into its potable water distribution system, including water purchased or offered for sale. Water does not include treated wastewater effluent reclaimed for reuse in irrigation or other approved uses.

Water shortage means the lack of adequate available water to meet the normal demands due to lower than normal precipitation, reduced flows or soil moisture, and/or lowering of potentiometric surface in wells which causes water supplies to be less than usual.

(Ord. of 8-7-2000(2), § I(19-123))

Cross references: Definitions generally, § 1-2.

Sec. 42-274. Priority levels.

The following priority levels of users of the city water system are hereby established:

(1) Priority level 1: Hospitals, health care facilities, police and fire departments.

(2) Essential priority level 1: Water use:

a. Use by hospital and health care facilities of such amount of water that is necessary for patient care and rehabilitation, including swimming pools necessary for patient care and rehabilitation.

b. Use by police and fire departments of such amount of water that is necessary to protect the welfare and safety of the city.

(3) Priority level 2: Domestic use:

a. Essential priority level 2: Water use:

1. Use by residential users of such amount of water that is necessary to sustain human life and the lives of domestic pets, and to maintain hygiene and sanitation.

2. Use by nonresidential users of such amount of water that is necessary to sustain human life and comfort in the workplace and to maintain hygiene and sanitation.

b. Nonessential priority level 2: Water use:

1. Use by residential user of such amount of water to water lawns, wash any vehicles, washing down sidewalks, walkways, driveway, parking lots, tennis courts, or other hard-surfaced areas.

2. Maintaining fountains, reflection ponds and decorative water bodies for aesthetic or scenic purposes, except where necessary to support aquatic life.

3. Maintaining swimming pools.

(4) Priority level 3: Commercial use:

a. Essential priority level 3: Water use.

b. Nonessential priority level 3: Water use:

1. Serving water routinely in restaurants.

2. Increasing water levels in scenic and recreational parks and lakes, except from the minimum amount required to support fish and wildlife.

3. Irrigating golf courses and any portion of its grounds except reclaimed or treated wastewater.

4. Obtaining water from hydrants for construction purposes, fire drills, or for any purpose other than firefighting.

(5) Priority level 4: Industrial use:

a. Essential priority level 4: Water use.

b. Nonessential priority level 4: Water use.

(Ord. of 8-7-2000(2), § I(19-124))

Sec. 42-275. Authority.

For the protection of the public health, welfare and safety of the city the director of the public works department has the authority to determine when certain conditions exist in the city requiring water conservation measures to be imposed.

(Ord. of 8-7-2000(2), § I(19-125))

Sec. 42-276. Responses to water shortages.

If the director should impose water conservation measures, the following steps should be followed:

(1) Declaration of voluntary conservation measures. Whenever the director finds that a potential shortage of water supply is indicated, the director is empowered to declare a state of voluntary conservation, and to call upon all water customers to employ voluntary water conservation measures.

(2) Declaration of mandatory conservation measures. When it is found that there is a potential water emergency situation to occur or exist, the director can declare a state of mandatory conservation measures which will limit all water users to essential water use only.

(3) Declaration of water shortage. At the time the director has declared that a water shortage does exist and the rationing of water will proceed. Rationing is based on the priority level. Starting with those users that are categorized as priority level 4 will be the first to lose water. Priority level 3 will lose water next. Priority level 2 will lose water next. Priority level 1 will be the last to lose water.

(Ord. of 8-7-2000(2), § I(19-126))

Sec. 42-277. Warnings; disconnections; fine; penalty.

Violations of any provisions in this article will be issued one warning by certified mail. After a second violation, the water department will disconnect the water service of any customer. Water service will not be restored until a reconnect fee is paid and the violator will be summoned to appear before the magistrate.

(Ord. of 8-7-2000(2), § I(19-127))

Sec. 42-278. Penalty.

Any person violating any of the provisions of this section shall, upon conviction, be punished as provided in section 1-12.

(Ord. of 8-7-2000(2), § I(19-127))

Secs. 42-279? 42-307. Reserved.

ARTICLE IX.
HAZARDOUS MATERIAL INCIDENT COST RECOVERY

Sec. 42-308. Authority; jurisdiction; definitions.

(a) Authority. The city council of the city has the authority to adopt this article pursuant to the provision of the Official Code of Georgia.

(b) Jurisdiction. This article shall apply to all of the area within the corporate limits of the City of Pooler.

(c) Definitions.

Cost(s) shall mean and include, but is not limited to those expenses that are extraordinary in nature, including those for which funds are not provided for in the city's annual budget:

(1) All costs incurred for response, containment and/or removal and disposal of hazardous materials or remedial actions to include costs associated with transportation and temporary storage of hazardous materials.

(2) All costs incurred for ensuring the safety of the public to include costs incurred for actions taken on and off the site of the hazardous material incident.

(3) Damages for injury to, destruction of, or loss of natural resources, as determined by the appropriate local, state or federal agency, including the reasonable costs of assessing such injury, destruction or loss resulting from a hazardous material incident.

(4) Health care costs for persons or animals injured from a hazardous material incident or cost for any health assessment or health effects study carried out as a necessity resulting from a hazardous material incident.

(5) Labor, including benefits, overtime and administrative overhead for government employees.

(6) The cost of operating, maintaining, leasing, repairing and replacing equipment.

(7) Contract labor and equipment.

(8) Labor and equipment obtained by the city's agencies or agents.

(9) Materials, including but not limited to, absorbents, foams, dispersants, neutralization agents, over pack drums or containers.

(10) Supervision of cleanup and abatement. Hazardous material shall mean any substance material defined, listed, characterized or classified as a hazardous material, hazardous substance, hazardous waste or toxic substance according to any or all of the following: Title 40, Code of Federal Regulations Part 261 (Identification and Listing of Hazardous Waste); Title 40, Code of Federal Regulations Part 355, Appendices A and B (List of Extremely Hazardous Substances), and Title 49, Code of Federal Regulations Parts 172.101 and 172.102 (Hazardous Materials Table).

(11) Cost of use of all fire apparatus and response vehicles from the city fire department at a rate of $350.00 per hour, per vehicle.

(12) Cost of all full-time public safety personnel involved in the incident from the beginning of the incident to its conclusion.

Hazardous material incident shall mean actual or threatened release of hazardous substances or material, including hazardous waste, which pose an imminent threat to the environment, and to the health, safety or welfare of the population.

Hazardous substance includes any solution, mixture or formulation containing hazardous material, or any material which, due to its chemical or physical characteristics, is determined by the city or its representative to pose a substantial threat to life, health or safety of persons or property or to the environment. The term includes, but is not limited to, explosives, radioactive materials, petroleum products, gases, poisons, biological agents, flammable and corrosives.

Municipality shall mean the City of Pooler, Georgia.

Natural resources shall mean land, fish, wildlife, biota, air, water, ground water, drinking water supplies and other such resources belonging to, managed by, held in trust by, pertaining to, being in the corporate limits of, or otherwise controlled by the city.

Person shall mean an individual, firm, corporation, association, partnership, commercial entity, consortium, joint venture, governmental entity or any other legal entity.

Recovery shall mean restoration to pre-event conditions.

Release shall mean the accidental or intentional, sudden or gradual spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the environment (including the abandonment or discharging of barrels, containers and other receptacles containing any hazardous material or substance or waste or pollutant or contaminant).

Response shall mean the provision of emergency and non-emergency assistance during and following an incident and to reduce the likelihood of secondary damage.

Responsible party shall mean the person(s) whose act or omission caused a release; or the person(s) who owned or had custody or control of the hazardous substance or waste at the time of such release without regard to fault or proximate cause; or the person(s) who owned or had custody or control of the container which held the hazardous substance at the time or immediately prior to such release without regard to fault or proximate cause.

(Ord. of 8-19-2002, § I)

Sec. 42-309. Liability for costs.

(a) Any responsible party who causes a hazardous material incident shall be liable for the payment of all reasonable and necessary extraordinary and unbudgeted costs incurred by the city, its agencies or agents.

(b) The city will seek all available remedies at law, to include the provisions of this article, against any parties responsible for any hazardous materials event, to include those actions and remedies available under the U.S. Bankruptcy Code relating to such matters.

(Ord. of 8-19-2002, § I)

Sec. 42-310. Collection and disbursement of funds for cost recovery.

(a) The city's finance department shall serve as the agent for collecting invoices and billing the responsible party for cost. Agencies or agents of the city responding to a hazardous material incident in the unincorporated area of the county according to the responsibilities set forth in the local emergency planning committee hazardous material response plan or at the request of the county are eligible to submit bills.

(b) An invoice identifying eligible cost under this article shall be submitted to the finance department within a reasonable time after the cost was incurred or identified. Submitted invoices must include sufficient documentation for cost reimbursement (i.e., copies of time sheets for specific personnel, copies of bills for materials, equipment and supplies procured or used, etc.).

(c) The finance department shall submit one or a series of consolidated invoices to the responsible party identifying agencies and their specific costs or reimbursements. The responsible party shall issue a certified check made payable to the city. The check will be sent to the city within 60 days of receiving a consolidated invoice.

(Ord. of 8-19-2002, § I)

Sec. 42-311. Methods of enforcement.

(a) The city may enforce these provisions by civil action in a court of competent jurisdiction for the collection of any amounts due hereunder plus administrative collection costs, attorney's fees or for any other relief that may be appropriate. A certified copy of a judgment in favor of the city may be recorded in the public records and thereafter shall constitute a lien upon any real or personal property owned by such person(s) and such lien shall be coequal with the liens of all state, district and municipal taxes superior in dignity to all liens, titles and claims until paid or extinguished.

(b) This article shall not prohibit the city from pursuing any other remedy, whether civil or criminal, or from instituting any appropriate action or proceedings, including injunction in a court of competent jurisdiction. Nor shall the recovery of expenses under this article in any way release the various parties, or limit them, from legal liability incurred as a result of a hazardous material cleanup or abatement has defined under any local, state or federal rule or regulation.

(Ord. of 8-19-2002, § I)

Sec. 42-312. Conflict with other laws.

Whenever the requirements or provisions of this article are in conflict with the requirements or provisions of any other lawfully adopted article, the more restrictive requirements shall apply. Further, this article shall not restrict or replace cost recovery from funding sources available under state and federal regulations including but not limited to the revolving fund established under Section 311(K) of the Federal Water Pollution Fund established under Comprehensive Environmental Response, Compensation and Liability Act (42 USC 9611).

(Ord. of 8-19-2002, § I)