§ 134-283. Standards for state mountain and river corridor protection act areas.

(a)

Authorization. The manager of the zoning division, or his designee, shall be authorized to review and approve development projects or land uses within the river corridor or protected mountain areas as set forth in this section.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Land disturbing activity means any grading, scraping, excavating or filling of land; clearing of vegetation; and any construction, rebuilding or alteration of a structure. Land disturbing activity shall not include activities such as ordinary maintenance and landscaping operations, individual home gardens, yard and grounds upkeep, repairs, additions or minor modifications to a single-family residence and the cutting of firewood for personal use.

Natural vegetation means the flora native to the area as described in the Georgia Geologic Survey Bulletin 114, The Natural Environments in Georgia.

Protected mountain area. As defined by O.C.G.A. § 12-2-8, as may be amended, the term "protected mountain area" currently includes all land area 2,200 feet or more above mean sea level that has a percentage slope of 25 percent or greater for at least 500 feet horizontally and shall include the crests, summits and ridgetops which lie at elevations higher than any such area. There are currently no areas in the county which meet these criteria.

River corridor. As defined by O.C.G.A. § 12-2-8, as may be amended, the term "river corridor" currently includes all land not regulated under O.C.G.A. §§ 12-5-440 through 12-5-457, the Metropolitan River Protection Act, and the Coastal Marshlands Protection Act of 1970 O.C.G.A. § 12-5-280 et seq., in the areas of a perennial stream or watercourse with an average annual flow of at least 400 cubic feet per second as defined by the United States Geologic Survey and being within 100 feet on both sides of the river as measured from the river banks at mean high water. With the extension of the MRPA boundaries, there are currently no areas in the county which meet these criteria.

(c)

Permitted uses. Unless otherwise permitted or granted a variance, no land uses other than those set forth in this section shall be allowed within the river corridor or protected mountain area. Within the river corridor or protected mountain area, the following land uses are allowed so long as the natural vegetation is restored as quickly as possible following any land disturbing activity.

(1)

Single-family dwellings, including the usual appurtenances, meeting the following conditions:

a.

The dwelling must be in compliance with all local zoning regulations.

b.

A minimum lot size of two acres is required. When lot lines run into the river, for example, the center of the river is used as the boundary, the area of the lot in the river may not be included in the calculation of area. Lots existing prior to passage of the ordinance from which this section is derived may be used so long as other provisions of this chapter are met.

c.

No more than one dwelling unit per lot is permitted.

(2)

A septic tank or tanks serving a residential dwelling unit; provided, however, that septic tank drainfields may not be located within the buffer area.

(3)

Construction of road crossings and utility crossings meeting the following conditions:

a.

Construction of such road and utility crossings must meet all requirements of the Erosion and Sedimentation Control Act of 1975.

b.

The requirements of any applicable local ordinances on soil erosion and sedimentation control must be met.

(4)

Timber production and harvesting meeting the following conditions:

a.

Forestry activity must be consistent with the best management practices established by the state forestry commission.

b.

Forestry activity must not impair the drinking water quality of the river water as defined by the federal Clean Water Act, as amended.

(5)

Wildlife and fisheries management activities.

(6)

Wastewater treatment.

(7)

Recreational usage consistent either with the maintenance of a natural vegetative buffer or with river-dependent recreation. For example, a boat ramp would be consistent with this criterion but a hard-surface tennis court would not. Parking lots are not consistent with this criterion. Paths and walkways within the river corridor are consistent with this criterion.

(8)

Natural water quality treatment or purification.

(9)

Agricultural production and management, meeting the following conditions:

a.

The agricultural activity must be consistent with best management practices established by the state soil and water conservation commission.

b.

The agricultural activity must not impair the drinking water quality of the river water as defined by the federal Clean Water Act, as amended.

(10)

Utilities, so long as they do not impair the drinking water quality of the river water.

(d)

Prohibited uses. All uses not otherwise allowed shall be excluded. Specifically, and without limitation, the following uses shall be prohibited within river corridor or protected mountain area:

(1)

Septic tanks, except as provided in connection with permitted single-family dwellings.

(2)

Handling areas for the receiving and storage of hazardous water.

(3)

Hazardous waste or solid waste landfills.

In the event of a conflict between O.C.G.A. § 12-2-8, regarding promulgation of minimum standards and procedures for protection of natural resources, environment and vital areas of the state, and any minimum standards or guidelines adopted by the department of natural resources, the more restrictive standards or guidelines shall prevail.

(Ord. of 7-11-95; Ord. of 2-9-99)