AN ORDINANCE
NO.
An ordinance amending Article 4 of Chapter 8 of the Unified Development
Ordinance (UDO) for Columbus, Georgia so as update certain provisions in
regards to the stormwater and floodplain programs.
---------------
THE COUNCIL OF COLUMBUS, GEORGIA HEREBY ORDAINS:
Section 1.
Article 4 of Chapter 8 of the Unified Development Ordinance is hereby amended
by striking the entire article and replacing it with a new Article 4 to read as
follows:
ARTICLE 4. - SOIL EROSION AND SEDIMENTATION CONTROL
Section 8.4.1. - Statement of Purpose.
Soil erosion and sediment deposition onto lands and into water within the
Columbus, Georgia area are occurring as a result of failing 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 Article, as
authorized by the legislature of the state of Georgia in the Erosion and
Sedimentation Act of 1975, and as further amended, 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 UDO.
Section 8.4.2. - 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.
Best management practices (BMP's) means sound conservation and engineering
practices to prevent and minimize erosion and resultant sedimentation, which
are consistent with, and no less stringent than, those practices contained in
the ?Manual for Erosion and Sediment Control in Georgia? published by the
Commission as of January 1 of the year in which the land-disturbing activity
was permitted.
Board means the Board of Natural Resources.
Buffer means 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.
Certified personnel means a person who has successfully completed the
appropriate certification course approved by the Georgia Soil and Water
Conservation Commission.
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.
Coastal Marshlands shall have the same meaning as in O.C.G.A. 12-5-282.
Commission means the Georgia Soil and Water Conservation C Commission (GSWCC).
CPESC means certified professional in erosion and sediment control with current
certification by EnviroCert Inc., which is also referred to as CPESC or CPESC,
Inc.
Cut means a portion of land surface or area from which earth has been removed
or will be removed by excavation; the depth below original ground surface to
excavated surface. Also known as "excavation."
Cutting means the removal of any soil or other solid material from a natural
ground surface.
Department means the Georgia Department of Natural Resources (DNR).
Design professional means a professional licensed by the State of Georgia in
the field of: engineering, architecture, landscape architecture, forestry,
geology, or land surveying; or a person that is a certified professional in
erosion and sediment control (CPESC) with a current certification by EnviroCert
Inc. Design Professionals shall practice in a manner that complies with
applicable Georgia law governing professional licensure.
Development permit [means] the authorization necessary to begin a land
disturbing activity under the provisions of this ordinance. See also "site
development permit."
Development project or "project" means the entire proposed development project
regardless of the size of the area of land to be disturbed.
Director means the Director of the Environmental Protection Division or an
authorized representative.
District means the Pine Mountain Soil and Water Conservation District.
Division means the Environmental Protection Division (EPD) of the Department of
Natural Resources.
Drainage structure means a device composed of a virtually nonerodible material
such as concrete, steel, plastic or other such material that conveys water from
one place to another by intercepting the flow and carrying it to a release
point for stormwater management, drainage control, or flood control purposes.
Ephemeral stream means a stream that under normal circumstances has water
flowing only during and for a short duration after precipitation events; that
has the channel located above the ground-water table year round; for which
ground water is not a source of water; and for which runoff from precipitation
is the primary source of water flow.
Erosion means the process by which land surface is worn away by the action of
wind, water, ice or gravity.
Erosion, sedimentation and pollution control plan means a plan required by the
Erosion and Sedimentation Act, O.C.G.A. Chapter 12-7, that includes, as a
minimum protections at least as stringent as the state general permit, best
management practices, and requirements in Section 8.4.6 of this ordinance.
Existing grade means the vertical location of the existing ground surface prior
to cutting or filling.
Fill means a portion of land surface to which soil or other solid material has
been added; the depth above the original ground surface or an excavation.
Filling means the placement of any soil or other solid material, either organic
or inorganic, on a natural ground surface or excavation.
Final stabilization means all soil disturbing activities at the site have been
completed, and that for unpaved areas and areas not covered by permanent
structures and areas located outside the waste disposal limits of a landfill
cell that has been certified by EPD for waste disposal, 100 percent of the soil
surface is uniformly covered in permanent vegetation with a density of 70
percent or greater, or landscaped according to the Plan (uniformly covered with
landscaping materials in planned landscape areas), or equivalent permanent
stabilization measures as defined in the Manual (excluding a crop of annual
vegetation and seeding of target crop perennials appropriate for the region).
Final stabilization applies to each phase of construction.
Finished grade means the final elevation and contour of the ground after
cutting or filling and conforming to the proposed design.
Flood plain, one-hundred-year means land in the floodplain subject to a 1
percent or greater statistical occurrence probability of flooding in any given
year.
Grading means altering the shape of ground surfaces to a predetermined
condition; this includes stripping, cutting, filling, stockpiling and shaping,
or any combination thereof, and shall include the land in its cut or filled
condition.
Ground elevation means the original elevation of the ground surface prior to
cutting or filling.
Land-disturbing activity means any activity which may result in soil erosion
from water or wind and the movement of sediments into state waters or onto
lands within the state, including, but not limited to, clearing, dredging,
grading, excavating, transporting, and filling of land but not including
agricultural practices as described in Section 8.4.3.
Larger common plan of development or sale means a contiguous area where
multiple separate and distinct construction activities are occurring under one
plan of development or sale. For the purposes of this 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 demarcations such as boundary signs,
lot stakes, or surveyor markings, indicating that construction markings,
indicating that construction activities may occur on a specific plot.
Local issuing authority means the governing authority of any county or
municipality, which is certified pursuant to subsection (a) O.C.G.A. ? 12-7-8.
Manual for Erosion and Sediment Control in Georgia means that publication of
the same name published by the Georgia Soil and Water Conservation Commission,
and as amended or supplemented from time to time.
Metropolitan River Protection Act (MRPA) means a state law referenced as
O.C.G.A. ? 12-5-440,et seq., which addresses environmental and developmental
matters certain metropolitan river corridors and their drainage basins.
Natural ground surface means the ground surface in its original state before
any grading, excavation or filling.
Nephelometric turbidity units (NTU) means numerical units of measure based upon
photometric analytical techniques for measuring the light scattered by finely
divided particles of a substance in suspension. This technique is used to
estimate the extent of turbidity in water in which colloidally dispersed or
suspended particles are present.
NOI means a notice of intent form provided by EPD for coverage under the State
General Permit.
NOT means a notice of termination form provided to EPD to terminate coverage
under the state general permit.
Operator means the party or parties that have: (A) operational 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 an
erosion, sedimentation and pollution control 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 erosion, sedimentation and pollution control
plan or to comply with other permit conditions.
Outfall means the location where stormwater in a discernible, confined and
discrete conveyance, leaves a facility or site or, if there is a receiving
water on site, becomes a point source discharging into that receiving water.
Owner means the legal titleholder to real property. For the purpose of erosion
control, the owner is the legal titleholder of the real property on which is
located the facility or site where the construction activity takes place.
Permit means the authorization necessary to conduct a land-disturbing activity
under the provisions of this ordinance.
Person means any individual, partnership, firm, association, joint venture,
public or private corporation, trust, estate, commission, board, public or
private institution, utility, cooperative, state agency, municipality or other
political subdivision of the State of Georgia, any interstate body, or any
other legal entity.
Phase or phased means sub-parts or segments of construction projects where the
sub-part or segment is constructed and stabilized prior to completing
construction activities on the entire construction site.
Roadway drainage structure means a device such as a bridge, culvert or ditch,
composed of a virtually nonerodible material such as concrete, steel, plastic
or other such material that conveys water under a roadway by intercepting the
flow on one side of a traveled way consisting of one or more defined lanes,
with or without shoulder areas, and carrying water to a release point on the
other side.
Sediment means solid material, both organic and inorganic, that is in
suspension, is being transported or has been moved from its site of origin by
air, water, ice or gravity as a product of erosion.
Sedimentation means the process by which eroded material is transported and
deposited by the action of water, wind, ice, or gravity.
Soil and Water Conservation District approved plan means an erosion and
sedimentation control plan approved in writing by the Pine Mountain Soil and
Water Conservation District.
Stabilization means the process of establishing an enduring soil cover of
vegetation by the installation of temporary or permanent structures for the
purpose of reducing to a minimum the erosion process and the resultant
transport of sediment by wind, water, ice or gravity.
State general permit means the National Pollution Discharge Elimination System
general permit or permits for stormwater runoff from construction activities as
is now in effect or as may be amended or reissued in the future pursuant to the
state's authority to implement the same through federal delegation under the
Federal Water Pollution Control Act, as amended, 33 U.S.C. Section 1251, et
seq., and O.C.G.A. ? 12-5-3(f).
State waters means any and all rivers, streams, creeks, branches, lakes,
reservoirs, ponds, drainage systems, springs, wells and other bodies of surface
or subsurface water, natural or artificial, lying within or forming a part of
the boundaries of the State which are not entirely confined and retained
completely upon the property of a single individual, partnership or
corporation.
Structural erosion and sedimentation control measures means 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 sedimentation control
practices are riprap, sediment basins, dikes, level spreaders, waterways or
outlets, diversions, grade stabilization structures, sediment traps and land
grading. Such measures can be found in the publication Manual for Erosion and
Sediment Control in Georgia.
Trout streams means all streams or portions of streams within the watershed as
designated by the 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, in the rules and regulations for Water Quality Control,
Chapter 391-3-6 at www.epd.georgia.gov. Streams designated as primary trout
waters are defined as water supporting a self-sustaining population of Rainbow,
Brown or Brook trout. Streams designated as secondary trout waters are those in
which there is no evidence of natural trout reproduction, but are capable of
supporting trout throughout the year. First order trout waters are streams into
which no other streams flow except springs.
Vegetative erosion and sedimentation control measures means measures for the
stabilization of erodible or sediment-producing areas by covering the soil
with: (1) permanent seeding, sprigging or planting, producing long-term
vegetative cover; or (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 means any natural or artificial watercourse, stream, river, creek,
channel, ditch, canal, conduit, culvert, drain, waterway, gully, ravine, or
wash in which water flows either continuously or intermittently and which has a
definite channel, bed and banks, and including any area adjacent thereto
subject to inundation by reason of overflow or floodwater.
Wetlands means those areas that are inundated or saturated by surface 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.
Section 8.4.3. - Exemptions.
A. Activities Exempt from Permitting Process.
1. This Article applies 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.
2. Exemptions as contained in this Section 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 Chapter 12 of this UDO.
3. 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.
4. Where this Section requires compliance with the minimum requirements set
forth in Section 8.4.6., 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.
B. Exempt Activities. This Article shall apply to any land-disturbing activity
undertaken by any person on any land except for the activities listed below.
1. Surface Mining. Surface mining, as the same is defined in O.C.G.A. ?
12-4-72, Mineral Resources and Caves Act."
2. Granite Quarrying. Granite quarrying and land clearing for such quarrying.
3. Minor Activities. 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.
4. Single-family Dwellings. Single-family detached dwellings, as provided
below:
(A) Owner Constructed Single-family Residences. The construction of
single-family residences, when such are constructed by or under contract with
the owner for his or her own occupancy.
(B) Other Single-family Residences.
(1) 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.
(2) However, that construction of any residence shall conform to the minimum
requirements as set forth in Section 8.4.6.C of this Article 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
UDO and the buffer zones provided by this Section shall be enforced by the
issuing authority.
5. Agricultural Operations. Agricultural operations as defined in O.C.G.A. ?
1-3-3 to include the following:
(A) Raising, harvesting, or storing of products of the field or orchard;
(B) Feeding, breeding, or managing livestock or poultry;
(C) Producing or storing feed for use in the production of livestock, including
but not limited to cattle, calves, swine, hogs, goats, sheep and rabbits or for
use in the production of poultry, including but not limited to chicken, hens,
and turkeys;
(D) Producing plants, trees, fowl, or animals;
(E) The production of aqua culture, horticultural, dairy, livestock, poultry,
eggs, and apiarian products; and
(F) Farm buildings and farm ponds.
6. Forestry Practices. 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
stream buffer, as established in the Environmental Protection Chapter of this
UDO, 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. Natural Resources Conservation Projects. Any project carried out under the
technical supervision of the Natural Resources Conservation Service of the
United States Department of Agriculture.
8. State of Georgia Road Projects. 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 the 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 Columbus Consolidated
Government, the Columbus Consolidated Government 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. Electrical Utilities. 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 Columbus Consolidated Government 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. Public Water System Reservoir. Any public water system reservoir.
11. Any project involving less than one (1) 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 (1) acre or within 200 feet of the bank of any
state waters, and for purposes of this paragraph, ?State Waters? excludes
channels and drainage ways which have water in them only during and immediately
after rainfall events and intermittent streams which do not have water in them
year-round; provided, however, that any person responsible for a project which
involves less than one (1) acre, which involves land-disturbing activity, and
which is within 200 feet of any such excluded channel or drainage way, must
prevent sediment from moving beyond the boundaries of the property on which
such project is located and provided, further, that nothing contained herein
shall prevent the Columbus Consolidated Government from regulating any such
project which is not specifically exempted by this section.
Section 8.4.4. - Application Procedures.
See Chapter 10, Article 4, for applications procedures for land-disturbing
permits.
Section 8.4.5. - Plan Requirements.
See Chapter 10, Article 5, regarding Soil Erosion, Sedimentation and Pollution
Control Plans.
Section 8.4.6. - Minimum Requirements for Erosion and Sedimentation Control.
A. General Provisions. Excessive soil erosion and resulting sedimentation can
take place during land-disturbing activities.
1. Control Measures. Plans for those land-disturbing activities that are not
excluded by this Section shall contain provisions for application of soil
erosion and sedimentation control measures. The provisions shall be
incorporated into the erosion and sedimentation control plans.
2. Compliance. Soil erosion and sedimentation control measures and practices
shall conform to the requirements of this Section. The application of measures
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. Best Management Practices.
1. Required. Best management practices as set forth in 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
Section 8.4.6.B.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(f), the "Georgia Water Quality Control Act." As used in this
subsection, the terms "proper design" and "properly designed" mean designed in
accordance with the hydraulic design specifications contained in the "Manual
for Erosion and Sediment Control in Georgia" specified in O.C.G.A. ? 12-7-6(b).
2. Violations. 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
the Columbus Consolidated Government or of any state general permit issued by
the Division pursuant to O.C.G.A. ? 12-5-30(f), the "Georgia Water Quality
Control Act", for each day on 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 one acre.
3. Determination of Violation. Failure to properly design, install, or maintain
best management practices shall constitute a violation of any land-disturbing
permit issued by the Columbus Consolidated Government or of any state general
permit issued by the Division pursuant to O.C.G.A. ? 12-5-30(f), the "Georgia
Water Quality Control Act", for each day on which such failure occurs.
4. Monitoring. The EPD Director may require, in accordance with regulations
adopted by the Board of Natural Resources, reasonable and prudent monitoring of
the turbidity level of receiving waters into which discharges from
land-disturbing activities occur.
C. Specific Minimum Requirements. The permittee and exempt persons who are
required to comply with this Article shall follow, 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 in effect as of January 1 of the year
in which the land-disturbing activity was permitted, as well as the following:
1. Vegetation Removal. Stripping of vegetation, re-grading and other
development activities shall be conducted in a manner so as to minimize
erosion.
2. Cut-fill Operations. Cut-fill operations must be kept to a minimum.
3. Topography and Soils. Development plans must conform to topography and soil
type so as to create the lowest practical erosion potential.
4. Natural Vegetation. Whenever feasible, natural vegetation shall be retained,
protected and supplemented.
5. Exposure of Disturbed Area. The disturbed area and the duration of exposure
to erosive elements shall be kept to a practicable minimum.
6. Stabilization. Disturbed soil shall be stabilized as quickly as practicable.
7. Temporary Measures. Temporary vegetation or mulching shall be employed to
protect exposed critical areas during development.
8. Permanent Control Measures. Permanent vegetation and structural erosion
control measures shall be installed as soon as practicable.
9. Trapping of Sediment. 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. Surface Water Damage. Adequate provisions must be provided to minimize
damage from surface water to the cut face of excavations or the sloping surface
of fills.
11. Protection of Adjoining Property. Cuts and fills may not endanger adjoining
property.
12. Encroachment of Fill. Fills may not encroach upon natural watercourses or
constructed channels in a manner so as to adversely affect other property
owners.
13. Crossing of Flowing Streams. Grading equipment must cross-flowing streams
by means of bridges or culverts except when such methods are not feasible and
provided, in any case, that such crossings are kept to a minimum.
14. Land-disturbing activity plans for erosion, sedimentation and pollution
control shall include provisions for treatment or control of any source of
sediments and adequate sedimentation control facilities to retain sediments
on-site or preclude sedimentation of adjacent waters beyond the levels
specified in 8.4.6.B.2.
D. Sediment Control Ponds. When a pond, either new or existing, is incorporated
into a development, the developer shall note on his plans if the pond is to be
used for sediment control or retention during construction. If the pond is to
be used for sediment control, the developer will be required to dredge, clean
and grass the pond upon completion of construction of the project. Further,
sediment control devices shall be required to protect downstream property
during construction.
E. Reserved.
F. Prohibited Land Disturbing Activities. Land-disturbing activities shall not
be conducted within the 100-year flood plain except in compliance with the
Flood Damage Prevention Section of this Article.
Section 8.4.7. - Stream Buffers.
A buffer is established along the banks of any state waters, as measured from
the point where vegetation has been wrested by normal stream flow or wave
action. See the Environmental Protection chapter of this Ordinance for details.
Section 8.4.8. - Education and Certificate.
A. Persons involved in land development design, review, permitting,
construction, monitoring, or inspection or any land-disturbing activity shall
meet the education and training certification requirements, dependent on their
level of involvement with the process, as developed by the commission in
consultation with the division and the stakeholder advisory board created
pursuant to O.C.G.A. 12-7-20.
B. For each site on which land-disturbing activity occurs, each entity or
person acting as either a primary, secondary, or tertiary permittee, as defined
in the state general permit, shall have as a minimum one person who is in
responsible charge of erosion and sedimentation control activities on behalf of
said entity or person and meets the applicable education or training
certification requirements developed by the Commission present on site whenever
land-disturbing activities are conducted on that site. A project site shall
herein be defined as any land-disturbance site or multiple sites within a
larger common plan of development or sale permitted by an owner or operator for
compliance with the state general permit.
C. Persons or entities involved in projects not requiring a state general
permit but otherwise requiring certified personnel on site may contract with
certified persons to meet the requirements of this ordinance.
D. If a state general permittee who has operational control of land-disturbing
activities for a site has met the certification requirements of paragraph (1)
of subsection (b) of O.C.G.A. 12-7-19, then any person or entity involved in
land-disturbing activity at that site and operating in a subcontractor capacity
for such permittee shall meet those educational requirements specified in
paragraph (4) of subsection (b) of O.C.G.A 12-7-19 and shall not be required to
meet any educational requirements that exceed those specified in said paragraph.
Section 8.4.9. - Inspection, Enforcement and Penalties.
See Chapter 12 for inspection, enforcement and penalties related to land
development activities.
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
24th day of January, 2017 introduced a second time at a regular meeting of said
Council held on the ______ day of ________, 2017, and adopted at said meeting
by the affirmative vote of ________ members of said Council.
Councilor Allen voting____________.
Councilor Baker voting____________.
Councilor Barnes voting____________.
Councilor Davis voting____________.
Councilor Garrett voting____________.
Councilor Henderson voting____________.
Councilor Huff voting____________.
Councilor Pugh voting____________.
Councilor Thomas voting____________.
Councilor Woodson voting____________.
______________________________ ____________________________
TINY B. WASHINGTON TERESA PIKE TOMLINSON
CLERK OF COUNCIL MAYOR
Attachments
No attachments for this document.