Columbus, Georgia

AN ORDINANCE



NO. ____________



AN ORDINANCE REPEALING THE PRESENT CHAPTER 17C OF THE COLUMBUS CODE AND

ENACTING A NEW CHAPTER 17C ENTITLED ?SOIL EROSION AND SEDIMENTATION CONTROL?

FOR THE PURPOSE OF CONTROLLING AND MINIMIZING THE EXTENT OF EROSION AND

SEDIMENTATION, TO CONSERVE AND PROTECT LAND, WATER, AIR AND OTHER RESOURCES AND

TO PROMOTE THE PUBLIC HEALTH, SAFETY, AND GENERAL WELFARE; REPEALING ANY

CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES.



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THE COUNCIL OF COLUMBUS, GEORGIA HEREBY ORDAINS:



SECTION 1.



Chapter 17C of the Columbus Code of Ordinances is hereby repealed in its

entirety and there is substituted in lieu thereof a new Chapter 17C to read as

follows:



CHAPTER 17C

SOIL EROSION AND SEDIMENTATION CONTROL



Sec. 17C-1 TITLE.



This chapter will be known as the "Columbus, Georgia Soil Erosion and

Sedimentation Control Ordinance."



Sec. 17C-2 STATEMENT OF PURPOSE.



Soil erosion and sediment deposition onto lands and into water within the

Columbus, Georgia area are occurring as a result of failure to apply proper

soil erosion and sedimentation control practices in land clearing, soil

movement and construction activities. This sediment deposition results in

pollution of waters and damage to domestic, agricultural, recreational, fish

and wildlife and other resource uses.



The purpose of this chapter, as authorized by the legislature of the state of

Georgia in the Erosion and Sedimentation Act of 1975, and as amended by the SB

84 of 1989, is to control and minimize the extent of erosion and sedimentation,

to conserve and protect land, water, air and other resources and to promote the

public health, safety, and general welfare. The Erosion and Sedimentation Act

of 1975, and all amendments thereto, are hereby adopted as fully set forth and

incorporated by reference herein into this Ordinance.



Sec. 17C-3 DEFINITIONS.



Unless specifically defined below, words or phrases used in this chapter shall

be interpreted so as to give them the same meaning they have in common usage

and so as to give this chapter its most reasonable application. Words used in

the present tense, however, include the future tense; words used in the

singular include the plural, and words used in the plural include the singular;

the word "shall" is always mandatory.



The following definitions shall apply in the interpretation and enforcement of

this ordinance unless otherwise specifically stated:



(1) Best Management Practices (BMP's): A collection of structural

measures and vegetative practices 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).



(2) Board: The Board of Natural Resources.



(3) Buffer: The area of land immediately adjacent to the banks along State

waters to be maintained in an undisturbed and natural state of vegetation which

facilitates the protection of water quality and aquatic habitat.



City Engineer: Shall mean the duly designated Director of the Department of

Engineering of Columbus, Georgia licensed and registered in Georgia to perform

the duties of Engineer, as herein specified, or his duly authorized agent.



(5) Commission: The State Soil and Water Conservation Commission.



(6) Council of Columbus: Shall mean the legislative body of Columbus, Georgia.



(7) 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

excavated surface. Also known as "excavation.".



(8) Department: The Department of Natural Resources.



(9) Director: The Director of the Environmental Protection Division of the

Department of Natural Resources.



(10) District: The Pine Mountain Soil and Water Conservation District.



(11) Division: The Environmental Protection Division of the Department of

Natural Resources.



(12) Drainage Structure: Device composed of a virtually non-erodible 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 storm water management, drainage control, or flood control purposes.



(13) Erosion: The process by which land surface is worn away by the action of

wind, water, ice or gravity.



(14) Erosion, Sedimentation and Pollution Control Plan: A plan for the control

of soil erosion and sedimentation resulting from a land disturbing activity and

identifies all potential sources of pollution which may be expected to affect

the quality of storm water discharges from the construction site or common

development. Also known as the "plan".



(15) Exemption: Any persons identified under Section 17C-4 as not required to

obtain a Soil Erosion and Sedimentation Control Permit. Such exemptions do

not relieve the person performing the soil disturbing activity from the

requirement to control and minimize soil erosion and sedimentation.



(16) Existing Grade: The vertical location of the existing ground

surface prior to cutting or filling.



(17) Fill: A portion of land surface to which soil or other solid material has

been added; the depth above the original ground.



(18) Final Stabilization: All land disturbing activities at the site have been

completed and that for unpaved areas and areas not covered by permanent

structures, 100% of the soil surface is uniformly covered in permanent

vegetation with a density of 70% or greater, or equivalent permanent

stabilization measures (such as the use of rip rap, gabions, permanent mulches

or geotextiles) have been used. Permanent vegetation shall consist of: planted

trees, shrubs, perennial vines; a crop of perennial vegetation appropriate for

the time of year and region; or a crop of annual vegetation and a seeding of

target crop perennials appropriate for the region. Final stabilization applies

to each phase of construction.



(19) Finished Grade: The final elevation and contour of the ground after

cutting or filling and conforming to the proposed design.



(20) Grading: Altering the shape of the ground surfaces to a predetermined

condition; this includes stripping, cutting, filling, stockpiling and shaping

or any combination thereof and shall include the land in its cut or filled

condition.



(21) Ground Elevation: The original elevation of the ground surface prior to

cutting or filling.



(22) 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 Sec. 17C-4.



(23) 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 markings,

indicating that construction activities may occur on a specific plot.



(24) 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.



(25) 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 certain metropolitan river corridors and their

drainage basins.



(26) Natural Ground Surface: The ground surface in its original state

before any grading, excavation or filling.



(27) Operator: The party or parties that have: (A) day-to-day

operational control of those activities that are

necessary to ensure compliance with a storm-water pollution

prevention plan for the site or other permit conditions, such as a person

authorized to direct works at a site to carry out activities

required by the erosion, sedimentation and pollution control

plan or to comply with other permit conditions.



(28) Owner: The legal titleholder to the real property on which is

located the facility or site where the construction activity takes place.



(29) One Hundred Year Flood Plain: Land in the flood plain subject to

a 1 percent or greater statistical occurrence probability of flooding in any

given year.



(30) Permit: The authorization necessary to begin a land disturbing

activity under the provisions of this ordinance.



(31) 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 this State, any interstate body, or any other

legal entity.



(32) Project: The entire proposed development project regardless of the

size of the area of land to be disturbed.



(33) Primary Permittee: Owner or Operator or both of a tract of land for a

common development.



(34) Qualified Personnel: A person who has successfully completed an erosion

and sedimentation control short course

eligible for continuing education units, or an equivalent

course approved by EPD and the State Soil and Water Conservation Commission

which meets or exceeds the education and training

requirements of O.C.G.A. 12-7-19. After December 31,

2006, a qualified person means a person who has successfully completed the

appropriate certification course approved by the State Soil and Water

Conservation Commission.



(35) Roadway Drainage Structure: A device, such as a bridge, culvert, or

ditch, composed of a virtually

non-erodible 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.



(36) Secondary Permittee: An individual builder, utility company,

or utility contractor that conducts a construction activity within a common

development.



(37) Sediment: Solid material, both mineral and organic, 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.



(38) Sedimentation: The process by which eroded material is transported

and deposited by the action of water, wind, ice or gravity.



(39) Single Unit Duplex: A duplex structure that is not part of a

multiple unit development with combined parking.



(40) Slope: Degree of deviation of a surface from the horizontal,

usually expressed in percent or degrees.



(41) Soil and Water Conservation District Approved Plan: An erosion and

sedimentation control plan approved in writing by the Pine Mountain Soil and

Water Conservation District.



(42) Stabilization: The process of establishing an enduring 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.



(43) State General Permit: The National Pollution Discharge Elimination System

general permit or permits for storm-water runoff from construction activities

as is now in effect or as may be amended or reissued in the future pursuant to

the state?s 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 Section 12-5-3.



(44) 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 and 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.



(45) Structural Erosion and Sediment Control Practices: Measures for the

stabilization of erodible or sediment producing areas by utilizing the

mechanical properties of matter for the purpose of either changing the surface

of the land or storing, regulating or disposing of runoff to prevent excessive

sediment loss. Examples of structural erosion and sediment control practices

are 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.





(46) Trout Streams: All streams or portions of streams within the

watershed as designated by the Game and Fish Division of the Georgia Department

of Natural Resources under the provisions of the Georgia Water Quality Control

Act, O.C.G.A. 12-5-20 et seq. 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.



(47) Vegetative Erosion and Sediment Control Practices: Practices for the

stabilization of erodible or sediment producing areas by covering the soil with:



(a) Permanent seeding, sprigging or planting, producing long term vegetative

cover, or;



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



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



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

Control in Georgia.



(48) 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.



(49) Wetlands: Those areas that are inundated or saturated by surface or

ground water at a frequency and duration sufficient to support, and that under

normal circumstances do support a prevalence of vegetation typically adapted

for life in saturated soil conditions. Wetlands generally include swamps,

marshes, bogs, and similar areas.



Sec. 17C-4. ACTIVITIES EXEMPT FROM PERMITTING PROCESS



This ordinance shall apply to any land disturbing activity undertaken by any

person on any land, including land disturbing activities associated with larger

common plan of development or sale with land disturbance equaling to one acre

or greater, except for those activities listed in this section.



Exemptions as contained in this chapter do not authorize any such exempted

person to violate the principal of the Soil Erosion and Sediment Act to control

and minimize soil erosion and sedimentation. In any event in which significant

soil erosion and sedimentation leave the boundary of any project, either by

surface or by a storm water system, the issuing authority of this chapter may

take such action as is authorized under Sec. 17C-9.



Further, no provision of this section shall authorize any person to violate

Article 2 of Chapter 5 of the "Georgia Water Quality Control Act" or the rules

and regulations promulgated and approved thereunder or to pollute any water of

State of Georgia as defined thereby. (GA LAW 1975, P. 994, Subsection 13.)



Where this section requires compliance with the minimum requirements set forth

in Section 17C-6, the Department of Engineering shall enforce compliance with

the minimum requirements as if a permit had been issued and violations shall be

subject to the same penalties as violations by permit holders.



EXEMPTIONS



1. Surface mining, as the same is defined in O.C.G.A. 12-4-72, Mineral

Resources & Caves Act?;



2. Granite quarrying and land clearing for such quarrying.



3. Such minor land disturbing activities as home gardens and individual home

landscaping, repairs, maintenance work, fences, and other related activities

which result in minor soil erosion.



4. (a) The construction of single family residences when such construction

disturbs less than one acre and is not a part of a larger common plan of

development or sale with a planned disturbance of equal to or greater than one

acre and not otherwise exempted under this paragraph; provided, however, that

construction of any residence shall conform to the minimum requirements as set

forth in Section 17C-6(c) of this ordinance and this paragraph. For

single-family residence construction covered by the provisions of this

paragraph, there shall be a buffer zone between the residence and any state

waters classified as trout streams pursuant to Article 2 of Chapter 5 of the

Georgia Water Quality Control Act. In any such buffer zone, no land-disturbing

activity shall be constructed between the residence and the point where

vegetation has been wrested by normal stream flow or wave action from the banks

of the trout waters. For primary trout waters, the buffer zone shall be at

least 50 horizontal feet, and no variance to a small buffer shall be granted.

For secondary trout waters, the buffer zone shall be at least 50 horizontal

feet, but the Director may grant variances to no less than 25 feet. Regardless

of whether a trout stream is primary or secondary, for first order trout

waters, which are streams into which no other streams flow except for springs,

the buffer shall be at least 25 horizontal feet, and no variance to a small

buffer shall be granted. The minimum requirements of this section of this

ordinance and the buffer zones provide by this section shall be enforced by the

issuing authority.



5. Agricultural operations as defined in O.C.G.A. 1-3-3 to include raising,

harvesting or storing of 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 aqua culture, horticultural, dairy,

livestock, poultry, eggs and apiarian products; forestry land management

practices, including harvesting and farm buildings and farm ponds.



6. Forestry land management practices, including harvesting is 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 paragraphs (15) and (16) of Section 17C-6(c) of this ordinance,

no other land-disturbing activities, except for normal forest management

practices shall be allowed on the entire property upon which the forestry

practices were conducted for a period of three years after completion of such

forestry practices.



7. Any project carried out under the technical supervision of the Natural

Resources Conservation Service of the United States Department of Agriculture.



8. Construction or maintenance projects, or both, undertaken or financed in

whole or in part, or both, by the Department of Transportation, the Georgia

Highway Authority, or the State 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 Department of

Transportation or State Tollway Authority which disturb one or more contiguous

acres of land shall be subject to provisions of O.C.G.A. 12-7-7.1, 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;





9. Any land-disturbing activities conducted by any electric membership

corporation or municipal electrical system or any public utility under the

regulatory jurisdiction of the Public Service Commission, any utility under the

regulatory jurisdiction of the Federal Energy Regulatory Commission, any cable

television system as defined in O.C.G. A. 36-18-1, or any agency or

instrumentality of the United States engaged in the generation, transmission,

or distribution of power; except where an electric membership corporation or

municipal electric system or any public utility under the regulatory

jurisdiction of the Public Service Commission, any utility under the Federal

Energy Commission, any cable television system as defined in O.C.G.A. 36-18-1,

or any agency or instrumentality of the United States engaged in the

generation, transmission, or distribution of power is a secondary permittee

for a project located within a larger common plan of development or sale under

the state general permit, in which case the local issuing authority shall

enforce compliance with the minimum requirements set in O.C.G.A. 12-7-6 as if a

permit had been issued, and violations shall be subject to the same penalties

as violations by permit holders.



10. Any public water system reservoir.



Sec. 17C-5. APPLICATION PROCEDURE



(a) GENERAL - The landowner, developer and designated planners and engineer

shall review the general development plans and detailed plans of the City of

Columbus, Georgia that effect the tract to be developed and the area

surrounding it. They shall review the zoning ordinances, stormwater management

ordinance, flood plain ordinance, subdivision regulations, this ordinance, and

other laws and ordinances which regulate the development of land within the

boundaries of the City of Columbus, Georgia. However, the owner is the only

party that can obtain a permit.



(b) PERMIT REQUIRED: No person shall conduct land disturbing activities within

the jurisdictional boundaries of Columbus-Muscogee County without first

obtaining a permit from the Department of Engineering to perform such activity.



(c) SITE DEVELOPMENT PERMIT (SDP)



1. An application for the SDP shall be submitted to the Department of

Engineering, along with 3 sets of the Site Development plan including the Soil

Erosion and Sediment Control Plan, with supporting data, as necessary. Said

plans shall include as a minimum, the data specified in subsection (12) of this

section and shall conform to the provisions of Section 17C-6 of this ordinance.

All applications shall contain a certification 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. Prior to the approval of the application, a copy of the NOI, General

Permit Fee Forms for EPD and the City along with proof of payment of all fees.

Upon approval of the application, a minimum of 8 sets shall be provided. One

stamped approved set shall be kept on the project site at all times.



2. A fee in the amount of $400.00 for developments up to 10 acres plus an

additional $40.00 per acre for each acre over 10 shall be charged, with the

exception of rural subdivisions, which shall be charged at a rate of

$20.00 per lot.



3. 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 include 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 of the existence of a local issuing authority in the

jurisdiction. Since Columbus, Muscogee County has been designated as a local

issuing authority, $40.00 per acre of land disturbing activity calculated to

the nearest one-tenth of an acre shall be paid to Columbus-Muscogee County.

The other $40.00 per acre of land disturbing activity shall be paid to Division.



4. A SDP application will be approved or denied as soon as practical but not

later than 15 business days after application, and supporting

data, is filed with the Engineering Department. If the

application approval is denied, the reason for denial shall be furnished to

the applicant.



5. No permit shall be issued by the Local Issuing Authority unless the

erosion and sedimentation control has been approved by the District and the

Local Issuing Authority has affirmatively determined that the plan is in

compliance with this ordinance, and variances required by Section 17C-6(c)15

and 16 are obtained, bonding requirements, if necessary, as per Section

17C-5(c)(9) are met and all ordinances and rules and regulations in effect with

the jurisdictional boundaries of the Local Issuing Authority are met. If the

permit is denied, the reason for denial shall be furnish to the applicant.



6. If a tract is to be developed in stages, a separate permit shall be

required for each stage.



7. 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 Issuing Authority. No permit will be

issued unless the plan has been approved by the District, and any variances

required by Section 17C-5(c) 15 and 16 and bonding, if required as per

Section17C-5(c)(9)), have been obtained. Such review will not be required if

the Issuing Authority and the District have entered into an agreement which

allows the Issuing Authority to conduct such review and approval of the plan

without referring the application and plan to the District.



8. If a permit applicant has had two or more violations of previous

permits, this ordinance 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



9. 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 ordinance or with the

conditions of the permit after issuance, the Local Issuing Authority may call

the bond or any part therefore to be forfeited and may use the proceeds to hire

a contractor to stabilize the site of the land-disturbing activity and bring

into compliance. These provisions shall not apply unless there is in effect an

ordinance or statute specifically providing for hearing and judicial of any

determination or order o the Local Issuing Authority with respect to alleged

permit violations.



10. 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 the title is not in compliance

with the approved erosion and sedimentation control plan or that the holder or

his successor in title is in violation of this ordinance. A holder of a permit

shall notify any successor in title to him as to all or any portion of the land

affected by the approved plan of the conditions contained in the permit.



11. APPROVAL VOIDED - Approval of an application shall be void one year

from approval date if no activity is commenced upon the site to allow issuance

of a site development permit. This time may be extended, if a written request

is received by the authority prior to expiration and it determines site

conditions have not changed. If any ordinances are revised or additional

ordinances added during that time frame then applicant must modify the plans

to meet the new requirements.



12. PLAN REQUIREMENTS - SDP (Site Development Permit)



(A) Plans must be prepared to meet the minimum requirements contained in

Section 17C-6 (b) and (c) of this ordinance. 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 more stringent, alternate design criteria which conform to sound

conservation and engineering practices. The Manual for Erosion and Sediment

Control in Georgia is hereby adopted by reference as fully set forth and

incorporated by reference herein into this Ordinance. The plan for the land

disturbing activity shall consider the inter-relationship of the soil types,

geological and hydrological characteristics, topography, watershed, vegetation,

proposed permanent structures including roadways, constructed waterways,

sediment control and storm water management facilities, local ordinances and

State laws.



(B) Data Required For Site Plan:



1. Narrative or notes, and other information: Notes or narrative to be

located on the site plan in general notes or in erosion and sediment control

notes, including notations required by 17C-7(a). All notes and other

information as required under the State General Permit shall also be provided

on the plans.



2. Description of existing land use at project site and description of

proposed project.



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



4. Name and phone number of 24-hour local contact who is responsible

for erosion and sediment controls.



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



6. Activity Schedule - show anticipated starting and completion dates

for project. Include the statement in bold letters, that "the installation of

erosion control measures and practices shall occur prior to and concurrent with

land disturbing activities."



7. Storm water and sediment management systems storage capacity,

hydrologic study, and calculations, including off-site drainage area and

maintenance schedule.



8. Vegetative Plan - for all temporary and permanent vegetative

practices, including species, planting dates, and seeding,

fertilizer, lime and mulching rates. Vegetative plan should show options for

year round seeding.



9. Detail Drawings - for all structural practices. Specifications may

follow guidelines set forth in the Manual For Erosion and Sediment Control in

Georgia.



10. Maintenance Statement - "Erosion control measures will be maintained

at all times. Additional erosion and sediment control measures and practices

will be installed if deemed necessary by on site inspection." If full

implementation of the approved plan does not prove for effective erosion and

sediment control, additional erosion and sediment control measures shall be

implemented to control or treat the sediment source.



11. State waters within 200 feet of any part of the project and the

200-foot line.



12. Existing and proposed easements.



(C) Maps, drawings and supportive computations shall bear the

signature/seal of a registered or certified professional in engineering,

architecture, landscape architecture, or erosion and

sedimentation control. After December 31, 2006, all persons

involved in land development design, reviewed, permitting,

construction, monitoring, or inspection or any land-disturbing activity shall

meet the education and training certification requirements as

developed by the Commission pursuant to O.C.G.A. 12-7-20.



The certified plans shall contain:



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



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



3. Boundary line survey.



4. Delineation of disturbed areas within project boundary.





5. Existing and planned contours, with contour lines drawn with an

interval in accordance with the following: (The procedure or method used in

arriving at the contour intervals shall be indicated).



Map Scale ; Ground Slope ; Contour Interval, ft.



____________________________________________

1 inch = 100 Flat 0-2% 0.5 or 2

ft. or larger; Rolling 2-8% ; 1 or 2

scale Steep 8% + 2, 5 or 10

___________________________________________







6. Adjacent areas and features such as streams, lakes, residential

areas, etc., which might be

affected shall be indicated on the plan.



7. Proposed structures or additions to existing structures and paved

areas.



8. Delineate 100 year flood plain. (Reference data used in

determination).



9. Delineate the 25 foot horizontal undisturbed vegetative buffer

adjacent to state waters and the specified width in MRPA areas.



10. Delineate the specified horizontal buffer along designated trout

streams where applicable.



11. Location of erosion and sediment control practices, preferably

using uniform coding symbols from the Manual for Erosion and Sediment Control

in Georgia, Chapter 6. Practices may include, but are not limited to: (1)

construction exit (2) Sediment barrier (3) Sediment basin (4) Grassed

waterway (open swale) (5) Storm drain outlet protection.



(d) Maintenance of soil erosion and sedimentation control practices, whether

temporary or permanent, shall be at all times the responsibility of the

property owner.



(e) MINOR LAND DISTURBING ACTIVITIES PERMIT (MLD)



1. Minor Development Permits may be issued for a construction project

that requires 2 weeks and less from completion and involves 1/8 acre or less as

disturbed area.



2. Six copies of a site plan, as prepared for the building permit

application, shall be submitted to the Department of Engineering. The plan

shall show as a minimum, the location and type of temporary control measures,

existing and proposed drainage facilities, existing buildings, easements,

paving, etc., and narrative designating any necessary permanent stabilization.



3. A minor land disturbing, MLD will be approved or denied as soon as

practical but not later than 15 business days after the application if filed

with the Department of Engineering. Minor changes, revisions, notes or

additions may be made by the reviewer upon the plans, if required for approval,

and such shall be a part of the approved permit.



4. Five copies of the approved plan shall be returned to the applicant

of which one copy will be submitted to building permit section.



5. A fee in the amount of $35.00 shall be charged.



Sec. 17C-6. MINIMUM REQUIREMENTS FOR EROSION AND SEDIMENTATION CONTROL USING

BEST MANAGEMENT PRACTICES



(a) General Provisions - Excessive soil erosion and resulting pollution can

take place during land disturbing activities. Therefore, plans for those land

disturbing activities which are not excluded by this ordinance shall contain

provisions for application of soil erosion and sedimentation control measures

and practices. The provisions shall be incorporated into the erosion and

sedimentation control plans. Soil erosion and sedimentation control measures

and practices shall conform to the minimum requirements of Section 17C-6 (b)

and (c) of this ordinance. 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/BMP's



1. Best management practices as set forth in Section 17C-6 (b) and (c) of this

ordinance shall be required for all land-disturbing activities. Proper design,

installation and maintenance of best management practices shall constitute a

complete defense to any action by the Director or to any other allegation of

noncompliance with paragraph (2) of this subsection or any substantially

similar terms contained in a permit for the discharge of stormwater issued

pursuant to subsection (f) of Code Section 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 (b).



2. A discharge of stormwater runoff from disturbed areas where best management

practices have not been properly designed, installed, and maintained shall

constitute a separate violation of any land-disturbing permit issued by a

Local Issuing Authority or of any state general permit issued by the Division

pursuant to subsection (f) of Code Section 12-5-30, the ?Georgia Water Quality

Control Act?, for each day on said 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 10 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 which is not part of a larger

common plan of development or sale unless the planned disturbance for such

construction is equal to or greater than five acres.



3. Failure to properly design, install, or maintain best management practices

shall constitute a violation of any land-disturbing permit issued by a Local

Issuing Authority or of any state general permit issued by the Division

pursuant to 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 chapter for the purpose of governing land-disturbing

activities shall require, as a minimum, protections at least as stringent as

the state general permit; and best management practices, 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 run-off water must be trapped by the

use of debris basins, sediment basins, silt traps, or similar measures until

the disturbed area is stabilized.

As used in this paragraph, a disturbed area is stabilized when it is brought to

a condition of continuous compliance with the requirements of O.C.G.A. 12-7-1

et 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 water courses 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 and provided, in any such

case, that such crossings are kept to a minimum.



14. Land disturbing activity plans for erosion and sedimentation control shall

include provisions for control or treatment of any source of sediments and

adequate sedimentation control facilities to retain sediments on site or

preclude sedimentation of adjacent streams beyond the levels specified in

paragraph 17C-6(b)(2) of this section.



15. Except as provided in paragraph (16) of this subsection, there is

established 25 foot buffer along the banks of any 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 the Department Director, pursuant to O.C.G.A. Section 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, that buffers

of at least 25 feet established pursuant to Part 6 of Article 5, Chapter 5 of

the Title 12, the ?Georgia Water Quality Control Act?, shall remain in force

unless a variance is granted by the Director as provided in this paragraph.

The following requirements shall apply to any such buffer:



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



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 are

implemented: (i) Stream crossings for water lines; or (ii) Stream crossings for

sewer lines.



16. There is established a 50 foot buffer as measured horizontally from the

point where vegetation has been wrested by normal stream flow or wave action

along the banks of any state waters classified as "trout streams" pursuant to

Article 2 of Chapter 5 or Title 12, the "Georgia Water Quality 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,

as 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 requirements shall apply to such buffer:



(A) No land-disturbing activities shall be conducted within a buffer and a

buffer shall remain in its natural, undisturbed, state of vegetation until all

land-disturbing 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

implement: (i) Stream crossings for water lines; or (ii) Stream crossings for

sewer lines.



(d) Nothing contained in this chapter shall prevent any Local Issuing

Authority from adopting rules and regulations, ordinances, or resolutions which

contain stream buffer requirements that exceed the minimum requirements in

Section 17C-6 (b) and (c) of this chapter.



(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 ordinance or the terms of the permit.



Sec. 17C-7 IMPLEMENTATION AND MAINTENANCE



(a) Implementation:



The following subsections 1 and 2 shall be included as notes on the submitted

soil erosion control plans.



(1) No clearing, grading, excavation, filling or other land disturbing

activities shall be permitted until approved erosion and sediment control

measures have been installed, except those operations needed to install such

measures.



The Department of Engineering shall be notified 24 hours prior to commencing

any activity, and when such measures are ready for inspection.



(2) These erosion and sediment control measures shall apply to all features of

the construction site, including, but not limited to, street and utility

installations as well as to the protection of individual lots.



(b) Maintenance:



All erosion and sediment control measures shall be continuously maintained by

the developer/owner during the construction phase of the development and until

permanent stabilization of ditches, shoulders, slopes and all disturbed areas

is accomplished to eliminate the need for the temporary control measures which

shall then be removed by same.



Sec. 17C-8 INSPECTIONS AND ENFORCEMENT



(a) Inspections:



(1) The Department of Engineering shall periodically inspect the sites of land

disturbing activities to determine if the activities are being conducted in

accordance with the plan and if the measures required in the plan are effective

in controlling erosion and sedimentation. Also, the 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.



(2) The Department of Engineering shall have the power to conduct such

investigation as it may reasonably deem necessary to carry out its duties as

prescribed in this chapter, and for this purpose to enter at a reasonable time

upon any property, public or private, for the purpose of investigating and

inspecting the sites of land disturbing activities.



(3) No person shall refuse entry or access to any authorized representative or

agent of the Department of Engineering, the Commission, the District or

Division, who requests entry for purpose of inspection, nor shall any person

obstruct, hamper or interfere with any such representative while in the process

of carrying out his official duties.



(4) The Districts or the Commission or both shall 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). The Districts or the

Commission or both 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 Districts or the

Commission shall notify the Division and request investigation by the Division

if any deficient or ineffective local program is found.





(5) 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 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 correction 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.



(b) Notice of Non-Compliance:



When, through inspection, it is determined that a person engaged in a land

disturbing activity, as defined herein, has failed to comply with the approved

plan, with permit conditions or with provisions of this chapter, one or more of

the following actions may be taken.



A written notice to comply shall be served upon that person not in compliance.

The notice shall state the nature of the non-compliance, the measure to be

taken or the results required and the time allowed for compliance.



If the person engaged in the land disturbing activity fails to comply within

the time specified, they may be deemed in violation of this chapter and stop

work ordered or any permit voided and revoked.



Sec. 17C-9 PENALTIES AND INCENTIVES



(a) Failure to obtain a permit for land disturbing activity: If any person

commences any land disturbing activity requiring a land disturbing permit as

prescribed in the ordinance without first obtaining said permit, the person

shall be subject to revocation of his business license, work permit and other

authorization for the conduct of a business and associated work activities

within the jurisdictional boundaries of Columbus-Muscogee County.



(b) Stop Work Orders:



1. For the first and second violations of the provisions of this Ordinance,

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 or 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 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 as

stream buffer, or signification 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 interstate 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 director or his or her designee.

All 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 that person. The notice shall

set forth the measures necessary to achieve compliance with the plan and shall

state the time within which such measures must be completed. If the person

engaged in the land-disturbing activity fails to comply within the time

specified, he shall be deemed in violation of this ordinance and, in addition

to other penalties, shall be deemed to have forfeited his performance bond, if

required to post one under the provisions of Section 17C-5 (b)(9). The 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.



(d) Penalties:



Any person who violates any provisions of this chapter or permit condition or

limitation established pursuant to this ordinance or who negligently or

intentionally fails or refuses to comply with any final or emergency order of

the Director issued as provided in this ordinance shall be liable for a civil

penalty not to exceed $1,000.00 per day. For the purpose of enforcing the

provisions of this ordinance, notwithstanding any provisions in any City

charter to the contrary, municipal courts or recorder's court shall be

authorized to impose a penalty not to exceed $1,000.00 for each violation.

Notwithstanding any limitation of law as to penalties which can be assessed for

violations of county ordinances, any magistrate's court, recorder's court or

any other court of competent jurisdiction trying cases brought as violations of

this ordinance under county ordinances approved under this chapter shall be

authorized to impose penalties for such violations not to exceed $1,000.00 for

each violation. Each day during which violation or failure or refusal to

comply continues shall be a separate violation.



Sec. 17C-10 EDUCATION AND CERTIFICATE



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.



Sec. 17C-11. ADMINISTRATIVE APPEAL AND JUDICIAL REVIEW



(a) Administrative Remedies:



The suspension, revocation, modification or grant with condition of a permit by

the Issuing Authority upon finding that the holder is:



(1) Not in compliance with the approved erosion and sediment control

plan;



(2) Is in violation of permit conditions; or



(3) Is in violation of any ordinance, resolution, rule or regulations

adopted or promulgated pursuant to this chapter; shall entitle the person

submitting the plan or holding the permit to a hearing before the Board of

Zoning Appeals within thirty (30) days after receipt by the Department of

Engineering of written notice of intent to appeal. Such appeal, however,

shall not relieve that person from the obligation to provide all necessary

measures to prevent soil erosion and other damage during the interval for the

appeal.



(b) Judicial Review:



Any person, aggrieved by a decision or order of the Department of Engineering,

after exhausting his administrative remedies, shall have the right to appeal de

novo to the Superior Court of Muscogee County.



Sec. 17C-12 EFFECTIVE DATE, VALIDITY AND LIABILITY



(a) Effective Date:



This ordinance shall become effective on the 1st day of July,

2004 .



(b) Validity:



If any section, subsection, paragraph, clause, phrase or provision of this

chapter shall be adjudged invalid or held unconstitutional, such decisions

shall not affect the remaining portions of this chapter.



(c) Liability:



1. Neither the approval of a plan under the provisions of this chapter nor the

compliance with the provisions of this chapter shall relieve any person from

the responsibility for damage to any person or property otherwise imposed by

law nor impose any liability upon the City of Columbus, Georgia or the Pine

Mountain Soil and Water Conservation District for damage to any person or

property.



2. The fact that a land-disturbing activity for which a permit has been issued

results in injury to the property of another shall neither constitute proof of

nor create a presumption of a violation of the standards provided for in this

ordinance or the terms of the permit.



3. No provision of this ordinance shall permit any persons to violate

the Georgia Erosion and Sedimentation Act

of 1975, the Georgia Water Quality Control Act or the rules and regulation

promulgate and approved thereunder or pollute any Waters of the State as

defined thereby.



SECTION 2.



All ordinances or parts of ordinances in conflict with this ordinance

are hereby repealed.



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



Introduced at a regular meeting of the Council of Columbus, Georgia, held on

the ______ day of ____________, 2004; introduced a second time at a regular

meeting of said Council held on the _____ day of _____________, 2004 and

adopted at said meeting by the affirmative vote of _______ members of said

Council.



Councilor Allen voting _______

Councilor Anthony voting _______

Councilor Davis voting _______

Councilor Henderson voting _______

Councilor Hunter voting _______

Councilor McDaniel voting _______

Councilor Pugh voting _______

Councilor Rodgers voting _______

Councilor Suber voting _______

Councilor Woodson voting _______





______________________________ _________________________

Tiny B. Washington, Clerk Robert S. Poydasheff, Mayor