(a) |
A local government within a water supply
watershed may adopt alternate minimum criteria for the stream buffer
requirements in paragraphs (6)(c) and (7)(b) of these criteria if the alternate
criteria meet the following requirements:
1. |
The local government is certified by the Director as having a program in place
adequate to implement and enforce these alternate minimum criteria, including
implementing ordinances. Such certification may be suspended or revoked
pursuant to the same procedures provided for Local Issuing Authorities under
O.C.G.A. § 12-7-8; |
2. |
As part of any certification by the
Director required above, the local government shall, through its planning
department or other appropriate body, require that all approvals for the
subdivision or development of parcels within the water supply watershed shall
include a determination that the subject parcel or parcels within a development
are consistent with the buffers required hereunder and that all plats of survey
and approvals provide clear notice of the alternate minimum criteria and
requirements adopted by the local government. Further, after the effective date
of the ordinance, the creation of lots on which there is not sufficient area
for construction is prohibited; and |
3. |
The local government shall adopt an
ordinance that incorporates one of the following three (3) options provided
below in subparagraphs 3.(i), 3.(ii), or 3.(iii) for all perennial stream
corridors within the water supply watershed that are within a seven (7) mile
radius upstream of a governmentally owned public drinking water supply intake
or water supply reservoir. Beyond such seven (7) mile radius, the ordinance
shall also provide for a 50-foot buffer for perennial stream corridors within
the water supply watershed. These options do not affect the buffer around the
water supply reservoir.
(i) |
"Option 1" For a
one-mile radius upstream of a public water supply intake, within such local
government jurisdiction that is a certified Local Issuing Authority as defined
in O.C.G.A. § 12-7-8,
there is a 100-foot critical area with an undisturbed buffer on both sides of
the stream; for the balance of the watershed, there is a 50-foot undisturbed
buffer on both sides of the stream. Beyond the adopted 50-foot and 100-foot
riparian buffers, development is allowed but is limited to an effective
impervious cover of ten (10) percent as described below in subparagraph 4.(vi)
of these criteria.
(I) |
For local government
ordinances incorporating the options in subparagraph 3.(i) above, all of the
following practices are also required within the water supply watersheds:
I. |
development and implementation of a public
education program approved by the Division that includes items described below
in subparagraph 4.(i) of these criteria; |
II. |
implementation of design guidelines that
ensure a diffuse flow requirement with no concentrated flow leaving the
property as described below in subparagraph 4.(ii) of these criteria; |
III. |
declarations of development restrictions
on either survey plats and/or deeds that indicate that the parcel is located
within a water supply watershed and that there are restrictions on disturbance
of the buffer area and specific development practices for said
property; |
IV. |
adoption of a
stormwater ordinance as described below in subparagraph 4.(iii) of these
criteria; |
V. |
performance of a
septic tank inspection every seven (7) years with mandatory repairs and
pumping, if required; |
VI. |
implementation of a Division approved monitoring program as described below in
subparagraph 4.(iv) of these criteria; and |
VII. |
vegetation of riparian buffers as
described in subparagraph 4.(v) of these criteria; |
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(ii) |
"Option 2" Upstream of a
public water supply intake, within such local government jurisdiction that is a
certified Local Issuing Authority as defined in O.C.G.A. § 12-7-8,
there is a 75-foot undisturbed riparian buffer on both sides of the stream.
(I) |
For local government ordinances
incorporating the options in subparagraph 3.(ii) above, all of the following
practices are also required within the water supply watersheds:
I. |
development and implementation of a public
education program approved by the Division that includes items described below
in subparagraph 4.(i) of these criteria; |
II. |
implementation of design guidelines that
ensure a diffuse flow requirement with no concentrated flow leaving the
property as described below in subparagraph 4.(ii) of these criteria; |
III. |
declarations of development restrictions
on either survey plats and/or deeds that indicate that the parcel is located
within a water supply watershed and that there are restrictions on disturbance
of the buffer area and specific development practices for said
property; |
IV. |
adoption of a
stormwater ordinance as described below in subparagraph 4.(iii) of these
criteria; |
V. |
performance of a
septic tank inspection every seven (7) years with mandatory repairs and
pumping, if required; |
VI. |
implementation of a Division approved monitoring program as described below in
subparagraph 4.(iv) of these criteria; and |
VII. |
vegetation of riparian buffers as
described in subparagraph 4.(v) of these criteria; |
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(iii) |
"Option 3" Upstream of a
public water supply intake, within such local government jurisdiction that may
or may not be a certified Local Issuing Authority as defined in O.C.G.A. § 12-7-8,
there is a 100-foot undisturbed riparian buffer on both sides of the stream.
(I) |
For local government ordinances
incorporating the options in subparagraph 3.(iii) above, all of the following
practices are also required within the water supply watersheds:
I. |
development and implementation of a
Division approved public education program that includes items described below
in subparagraph 4.(i) of these criteria; |
II. |
implementation of design guidelines that
ensure a diffuse flow requirement with no concentrated flow leaving the
property as described below in subparagraph 4.(ii) of these criteria; |
III. |
declarations of development restrictions
on either survey plats and/or deeds that indicate that the lot is located
within a water supply watershed and that there are restrictions on disturbance
of the buffer area and specific development practices for said property;
and |
IV. |
adoption of a stormwater
ordinance as described below in subparagraph 4.(iii) of these
criteria; |
|
(II) |
For local
government ordinances incorporating the options in subparagraph (iii) above,
the following practices are recommended but not required within the water
supply watersheds:
I. |
acquiring certification
as a Local Issuing Authority; |
II. |
mandatory notification by the local government every seven years for all owners
of septic tanks and septic tank drain fields within 100-feet of any stream
within the water supply watershed, as measured from the top of the stream bank,
outlining the risk of fines and enforcement for illegal discharge or seepage
into waters of the State and the need for routine maintenance and replacement
under guidance and direction from the local health department; |
III. |
implementation of a Division approved
monitoring program as described below in subparagraph 4.(iv) of these criteria;
and |
IV. |
vegetation of riparian
buffers as described in subparagraph 4.(v) of these criteria. |
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4. |
If
required above, the local government shall:
(i) |
Adopt and implement a Division approved
public education plan that is designed to educate the community and conduct
equivalent outreach activities targeting but not limited to citizens,
government officials, developers, engineers, architects, landscapers, builders,
construction workers, non-profit organizations, and volunteers. The plan shall
include but is not limited to information about the use and maintenance of
stormwater best management practices, septic system inspection and maintenance,
agricultural best management practices, forestry best management practices,
native landscaping and water conservation; |
(ii) |
Require that diffuse flow or runoff must
be maintained within the riparian buffer by dispersing concentrated flow and
re-establishing vegetation. Concentrated runoff from new ditches or constructed
conveyances shall be converted to diffuse flow before the runoff enters the
riparian buffer. If necessary to impede the formation of erosion gullies,
periodic corrective action to restore diffuse flow shall be required in a
maintenance agreement with appropriate entities; |
(iii) |
Adopt a Division approved stormwater
management ordinance that applies in the water supply watershed. Any local
government certified as a Local Issuing Authority under the Georgia Erosion and
Sedimentation Control Act shall implement said adopted stormwater management
ordinance that incorporates the post-development best management practices
expressly required hereunder and permanent storm water control measures as well
as design standards appropriate for the terrain and topography to protect water
quality, stream channels and flooding. These standards shall be consistent with
criteria established for such control measures in the Georgia Storm Water
Management Manual. If such local government is not required above to become a
certified Local Issuing Authority, then it shall adopt an ordinance approved by
the Division that requires at a minimum that plans for permanent storm water
control measures be reviewed and approved by such local government. The local
government shall have the resources necessary to review and inspect such
measures; |
(iv) |
Implement a Division
approved program to monitor streams within the water supply watershed for the
following:
(I) |
Georgia bacterial
standard, |
(III) |
nutrients. The samples
shall be taken immediately after the first substantial rain of the month (0.5
inches or larger); or if rain has not occurred and is not predicted, the
samples shall be taken during the last week of the month. Should the monthly
data show three (3) consecutive months of degrading water quality (each month's
data set for any or all parameters showing increasing values), a corrective
action plan shall be submitted within thirty (30) days to the Division for
approval. Upon approval by the Division the corrective action plan shall be
implemented and the monthly sampling continued until such time as the Division
notifies the local government that corrective action is no longer
required; |
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(v) |
Require
that a 50-foot riparian buffer be vegetated with understory trees and shrubs
and canopy trees native to the region or approved by the Division planted no
more than ten (10) feet apart and pursuant to guidelines contained in the storm
water management ordinance approved by the Division. Vegetation and permanent
maintenance of the buffers is the responsibility of the developer, subsequent
property owner or homeowners association. This vegetation shall only be
required upon a change in use or development of the lot or parcel that includes
the riparian buffer subject to these criteria. |
(vi) |
Require an effective impervious cover of
no more than ten (10) percent upon the development or redevelopment of a parcel
for either lots immediately adjacent to a perennial stream or for the area of
land within 150-feet of a perennial stream, whichever is larger. On single,
individual lots this requirement shall be triggered for projects with greater
than 5,000 square feet of impervious surfaces. An effective impervious cover
shall be generally defined in terms of controlling runoff and pollutants so
that post-development runoff is only ten (10) percent greater than
pre-development conditions. The pre-development (baseline) conditions shall be
assumed to be good forested conditions appropriate to the site. This
requirement and the methodology to achieve it shall be further defined in
accordance with guidelines to be developed as part of a local government's
storm water management ordinance approved by the Division. |
(vii) |
Notify all owners of septic tanks and
septic tank drain fields within the water supply watershed every seven (7)
years of the risk of fines and enforcement for illegal discharge or seepage
into waters of the State and the need for routine maintenance and replacement
under guidance and direction from the local health department. |
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5. |
Septic systems and drain fields
shall be located outside of the required riparian buffers and setbacks
indicated in the above paragraphs and are recommended to be at least 100-feet
away from a perennial stream where practicable. As part of any subdivision or
development of parcels within the water supply watershed, the local government
shall in cooperation with the Georgia Department of Human Resources, through
its planning department or other appropriate bodies, require that:
(i) |
Considering the size, configuration and
household appliances and equipment, septic tanks and septic drain fields shall
be sized appropriately by qualified personnel; |
(ii) |
Septic tank risers shall be
installed; |
(iii) |
Only multi-stage
septic tanks with effluent filters shall be installed; and |
(iv) |
All approvals for new building permits
for additions or remodeling of existing structures on the subject parcel or
parcels within a subdivision or development shall be accompanied by a review of
septic tank and septic drainfield sizing, configuration and design with
mandatory upgrades if required. |
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6. |
Local governments may exempt those
structures existing, under construction, or for which a complete application
for a land disturbance permit, building permit, or similar government approval
has been submitted as of the effective date of the ordinances adopted pursuant
to this rule, or on which construction will commence no later than one year
following the date of the adoption of the ordinances required pursuant to this
rule. However, any modification or expansion of such existing structure which
results in a net increase in the structure footprint or of the impervious
surface area within the buffer shall subject the structure to the applicable
criteria hereunder. Further, local governments may exempt parcels on which only
one (1) single family home is built for residential use by the owner of the
parcel, provided that this exemption shall not apply to parcels that are
subdivided into lots after the effective date of ordinances adopted pursuant to
this rule. |
7. |
After the effective
date of the ordinance, the local government shall have one year to implement
the stormwater ordinance and two years to design and implement a Division
approved public education program and a Division approved monitoring program.
The local jurisdiction shall submit a report on the aforementioned activities
to the Division and get approval from the Division to proceed with buffer
reductions. |
8. |
Local governments
may consider granting a variance to the buffers established in the adopted
ordinance only when:
(i) |
There are hardships
that prevent compliance with the buffer widths and required practices. Local
governments shall provide an opportunity for meaningful public notice of,
comment upon, and administrative appeal of all decisions relating to action
upon an application for a variance under these provisions. Such terms shall be
referenced or included in the storm water management ordinance to be considered
by the Division. Such terms shall include any rights of appeal or further
administrative review as otherwise provided for land use decisions in the local
government. Hardships shall be evaluated in accordance with the following:
(I) |
If the applicant complies with the buffer
widths and required practices, he or she can secure no reasonable return from,
nor make reasonable use of, his or her property. Merely proving that the
variance would permit a greater profit from the property shall not be
considered adequate justification for a variance. Moreover, the local
government shall consider whether the variance is the minimum possible
deviation from the buffer widths that shall make reasonable use of the property
possible; |
(II) |
The hardship results
from application of the buffer widths to the property rather than from other
factors such as unrelated deed restrictions; |
(III) |
The hardship is due to the physical
nature of the applicant's property, such as its size, shape, or
topography; |
(IV) |
The applicant did
not cause the hardship; |
(V) |
The
variance is in harmony with the general purpose and intent of the riparian
buffer widths and required practices and preserves the purpose
thereof; |
(VI) |
In granting the
variance, the public safety and welfare have been assured, and the quality of
downstream water, including but not limited to water used to supply public
drinking water, has been maintained or improved; and |
(VII) |
The applicant certifies that the
applicant has not and does not intend to apply for a variance from the minimum
buffer requirements contained in the Georgia Erosion and Sedimentation Control
Act for the same perennial stream or streams for which a variance is sought
pursuant to this paragraph. |
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