AN ORDINANCE
NO.
An ordinance amending the Unified Development Ordinance (UDO) for Columbus,
Georgia so as to amend certain sections of the Unified Development Ordinance of
the Columbus Codes so as to correct certain errors.
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THE COUNCIL OF COLUMBUS, GEORGIA HEREBY ORDAINS:
SECTION 1.
Chapter 8 of the Unified Development Ordinance is hereby amended by amending
Section 8.4.2 by deleting subsections A through YY and listing all definitions
in alphabetical order.
Chapter 8 of the Unified Development Ordinance is hereby amended by amending
Section 8.4.2 by deleting the following definitions as follows:
DNR means the Georgia 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 storm-water management, drainage control or flood control purposes.
EPD means the Environmental Protection Division of the Georgia Department of
Natural Resources.
EPD Director means the Director of the Environmental Protection Division of the
Georgia Department of Natural Resources.
Erosion means the process by which land surface is worn away by the action of
wind, water, ice, or gravity.
Erosion and sediment control plan means 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.
Fill means a portion of land surface to which soil or other solid material has
been added; the depth above the original ground.
Final stabilization [means] 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.
Finished grade means the final elevation and contour of the ground after
cutting or filling and conforming to the proposed design.
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 those
practices as described in Section 8.4.3.
Stabilization means 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.
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
groundwater at a frequency and duration sufficient to support, and that under
normal circumstances do support, a prevalence of vegetation typically adapted
for life in saturated soil conditions. Wetlands generally include swamps,
marshes, bogs and similar areas.
Chapter 8 of the Unified Development Ordinance is hereby amended by amending
Section 8.4.2 by adding the following definitions to read as follows:
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.
Commission means the Georgia Soil and Water Conservation C Commission (GSWCC).
CPESC means Certified Professional in Erosion and Sediment Control with current
certification by Certified Profession in Erosion and Sediment Control Inc., a
corporation registered in North Carolina, which is also referred to as CPESC or
CPESC, Inc.
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 Certified
Professional in Erosion and Sediment Control Inc.
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 storm water 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 IV.C. of this ordinance.
Fill means a portion of land surface to which soil or other solid material has
been added; the depth above the original ground surface or an excavation.
Final Stabilization means all soil disturbing activities at the site have been
completed, and that for unpaved areas and areas not covered by permanent
structures and areas located outside the waste disposal limits of a landfill
cell that has been certified by EPD for waste disposal, 100% of the soil
surface is uniformly covered in permanent vegetation with a density of 70% or
greater, or equivalent permanent stabilization measures (such as the use of rip
rap, gabions, permanent mulches or geotextiles) have been used. Permanent
vegetation shall consist of: planted trees, shrubs, perennial vines; a crop of
perennial vegetation appropriate for the time of year and region; or a crop of
annual vegetation and a seeding of target crop perennials appropriate for the
region. Final stabilization applies to each phase of construction.
Finished Grade means the final elevation and contour of the ground after
cutting or filling and conforming to the proposed design.
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.
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 by EPD to terminate coverage
under the State General Permit.
Outfall means the location where storm water in a discernible, confined and
discrete conveyance, leaves a facility or site or, if there is a receiving
water on site, becomes a point source discharging into that receiving water.
Permit means the authorization necessary to conduct a land-disturbing activity
under the provisions of this ordinance.
Phase or Phased means sub-parts or segments of construction projects where the
sub-part or segment is constructed and stabilized prior to completing
construction activities on the entire construction site.
Project means the entire proposed development project regardless of the size of
the area of land to be disturbed.
Properly Designed means designed in accordance with the design requirements and
specifications contained in the ?Manual for Erosion and Sediment Control in
Georgia? (Manual) published by the Georgia Soil and Water Conservation
Commission as of January 1 of the year in which the land-disturbing activity
was permitted and amendments to the Manual as approved by the Commission up
until the date of NOI submittal.
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.
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.
Chapter 5 of the Unified Development Ordinance is hereby amended by amending
Section 5.3.2.B.2(A) by adding subsection (4) to read as follows:
(4) The buffer shall not apply to any ephemeral stream. Unless exempted as
along an ephemeral stream, the buffers of at least 25 feet established pursuant
to part 6 of Article 5, Chapter 5 of Title 12, the "Georgia Water Quality
Control Act", shall remain in force unless a variance is granted by the
Director.
Chapter 5 of the Unified Development Ordinance is hereby amended by amending
Section 5.3.2 by adding subsection D to read as follows:
D. 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.
Chapter 10 of the Unified Development Ordinance is hereby amended by amending
Section 10.4.1.A to read as follows:
A. Permit Required. No person shall conduct any land-disturbing activity within
the city without first obtaining a site development permit from the Department
of Engineering to perform such activity and providing a copy of Notice of
Intent submitted to EPD if applicable, unless the activity is otherwise exempt
from the soil erosion and sedimentation control provisions of the Land
Development Activities Chapter of this UDO.
Chapter 10 of the Unified Development Ordinance is hereby amended by amending
Section 10.5.2.E to read as follows:
E. Data Required for Site Plan shall include all the information required from
the appropriate Erosion, Sedimentation and Pollution Control Plan Review
Checklist established by the Commission as of January 1 of the year in which
the land-disturbing activity was permitted.
Chapter 12 of the Unified Development Ordinance is hereby amended by amending
Section 12.4.2.A.1 to read as follows:
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.
Tertiary permittees shall be responsible for installation and maintenance where
the tertiary permittee is conducting land-disturbing activities.
Chapter 12 of the Unified Development Ordinance is hereby amended by amending
Section 12.4.2.A.4 to read as follows:
4. The District or the Commission or both shall semi-annually review the
actions of counties and municipalities which have been certified as Local
Issuing Authorities pursuant to O.C.G.A. 12-7-8 (a). The District or the
Commission or both may provide technical assistance to any county or
municipality for the purpose of improving the effectiveness of the county?s or
municipality?s erosion, sedimentation and pollution control program. The
District or the Commission shall notify the Division and request investigation
by the Division if any deficient or ineffective local program is found.
Chapter 12 of the Unified Development Ordinance is hereby amended by deleting
Section 12.4.2.A.5 in its entirety.
Chapter 12 of the Unified Development Ordinance is hereby amended by amending
Section 12.4.2 to add subsections C and D to read as follows:
C. Conformance with Erosion and Sedimentation Act of 1975. The Columbus
Consolidated Government will amend its ordinances to the extent appropriate
within twelve (12) months of any amendments to the Erosion and Sedimentation
Act of 1975.
D. Certification Requirements.
1. 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.
2. 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.
3. 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.
4. 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 2.
All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed.
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Introduced at a regular meeting of the Council of Columbus, Georgia held on the
15th day of June, 2010 introduced a second time at a regular meeting of said
Council held on the ______ day of ________, 2010, and adopted at said meeting
by the affirmative vote of ________ members of said Council.
Councilor Allen voting____________.
Councilor Anthony voting__________.
Councilor Baker voting____________.
Councilor Barnes voting___________.
Councilor Davis voting____________.
Councilor Henderson voting________.
Councilor Hunter voting___________.
Councilor McDaniel voting_________.
Councilor Pugh voting_____________.
Councilor Woodson voting__________.
______________________________ ______________________________
TINY B. WASHINGTON JIM WETHERINGTON
CLERK MAYOR
Attachments
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