§ 134-284. Standards for state metropolitan river protection act areas.

(a)

Authorization. The manager of the zoning division, or his designee, shall be authorized to submit to the Atlanta Regional Commission, referred to in this section as "the center," a request for issuance of a certificate to allow for permitted land uses. Upon recommendation by the Atlanta Regional Commission in accordance with O.C.G.A. § 12-5-445, the county board of commissioners may approve a Chattahoochee River development certificate.

(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:

Applicant means any person who requests the issuance of a certificate under this part.

Center means the Atlanta Regional Commission, or its successor, created for the county or group of counties including the county, pursuant to the authority contained in O.C.G.A. tit. 50, ch. 8, art. 2 (O.C.G.A. § 50-8-30 et seq.).

Certificate means a building permit or other written authorization issued under the Metropolitan River Protection Act (O.C.G.A. § 12-5-440 et seq.) and shall include, as a part thereof, the application and all documents supplied in support thereof and the approval by the governing authority together with any conditions thereto.

Floodplain means that area adjacent to a major stream which is subject to being flooded with a probable frequency of at least once every 100 years. The center shall delineate the floodplain and in doing so may utilize or adopt studies prepared by the Corps of Engineers, United States Army or such other studies as the center deems competent.

Flowing stream means any stream which is designated and shown as a permanent stream, represented as a "blue line," on the 7.5 minute quadrangle maps of the US Department of the Interior, USGS maps. The current 7.5 minute quadrangle USGS maps will govern to designate the protection area of Cobb County.

Governing authority means the board of commissioners of the county or, except for the purposes of O.C.G.A. § 12-5-445(c)(2), a committee of such governing authority.

Land disturbing activity means scraping, plowing, clearing, dredging, grading, excavating, transporting or filling of land or placement of any structure or impervious surface, dam, obstruction or deposit.

Person means any individual, partnership, corporation, trust, entity or authority and shall include the state, its political subdivisions and all its departments, boards, bureaus, commissions or other agencies.

Plan means the comprehensive plan prepared by the center pursuant to O.C.G.A. § 12-5-443.

Political subdivision means a county or a municipality in which the section of the river corridor to be affected or any part thereof is located.

Protection area means the stream channel and the land area extending outward 25 horizontal feet from the banks on either side of all flowing streams in the drainage basin of all tributaries of the Chattahoochee River which enter the Chattahoochee River downstream from Buford Dam to the Douglas County border.

Stream corridor means all land in the area in the watercourse, within 2,000 feet of the watercourse, or within the floodplain, whichever is greater.

The Chattahoochee River Tributary Protection Area within the county, hereinafter referred to as the "protection area," is hereby established to include the portion of the Chattahoochee River downstream from Buford Dam to the Douglas County border and located outside of the stream corridor.

Watercourse means the banks of a major stream, including any impoundments thereon, in the area as defined by the low-water mark of such stream any impoundments and including the entire bed of such stream and any impoundments and all islands therein, from the point where the stream enters the area downstream to a line perpendicular across the flow of such stream at the point, within the area, which is the last downstream water supply intake location for any political subdivision in the area.

State Law reference— Similar provisions, O.C.G.A. § 12-5-441.

(c)

Permitted uses. Any proposed land use is evaluated on an individual case-by-case basis. When an applicant makes application to the Atlanta Regional Commission and the county board of commissioners for a Chattahoochee River development certificate, the application is evaluated for conformance with an adopted Chattahoochee Corridor Plan and Vulnerability Standards. An administrative manual for the Metropolitan River Protection Act review process is available through the zoning division.

(d)

Prohibited uses.

(1)

Pending adoption of the plan by the center, it shall be unlawful for any person to erect, maintain, suffer or permit any structure, dam, obstruction, deposit, clearing or excavation in or on the stream corridor which will adversely affect the efficiency of or restrict the capacity of the watercourse or floodplain, appreciably increase runoff of flood heights, adversely affect the control, protection, allocation or utilization of the water and related land resources of the stream corridor, harmfully obstruct or alter the natural flow of floodwaters, or harmfully increase erosion, siltation or water pollution.

(2)

Pending adoption of the plan by the center as to any land brought within the stream corridor after March 1, 1983, it shall be unlawful for any person to engage in any land disturbing activity in or on such land within the stream corridor which will adversely affect the efficiency of or restrict the capacity of the watercourse or floodplain, appreciably increase runoff or flood heights, adversely affect the control, protection, allocation or utilization of the water and related land resources of the stream corridor, harmfully obstruct or alter the natural flow of floodwaters or harmfully increase erosion, siltation or water pollution.

(3)

After adoption by the center of the plan or any portion thereof or any amendment thereto, it shall be unlawful within those areas regulated by the plan or any portion thereof or any amendment thereto for any person to engage in any land disturbing activity in or on the stream corridor which will be incompatible or inconsistent with the plan or any portion thereof or any amendment thereto. A proposed land or water use shall be deemed to be not in compliance with the plan unless and until the governing authority of the political subdivision issues a certificate for the proposed use pursuant to O.C.G.A. § 12-5-445.

(e)

Excluded uses not subject to this section.

(1)

Any land or water use for agriculture or animal husbandry as defined in the ordinances adopted by the governing authority, provided that a buffer of natural vegetation is maintained for a distance of 50 horizontal feet from the bank of the watercourse.

(2)

Ordinary maintenance and landscaping operations, except for a distance of 50 horizontal feet from the bank of the watercourse and except for the removal of healthy trees over two inches diameter breast height (DBH) anywhere in the stream corridor.

(3)

Any land or water use or project which, on March 16, 1973, is approved, pending or is completed, actually under construction or which is zoned for such use and where expenditures in excess of $2,500.00 have been made in preparation for construction in accordance with such zoning; provided, however, that the construction of the project is actually commenced within 36 months of March 16, 1973; otherwise, a certificate for the project must be obtained pursuant to the Metropolitan River Protection Act (O.C.G.A. § 12-5-440 et seq.).

(4)

With regard to any land included in the stream corridor for the first time after March 1, 1983, any land or water use or land disturbing activity:

a.

Which, on March 1, 1983, is completed, under construction, fully approved by the governing authority or for which all requests for approval of construction are pending before the governing authority; or

b.

Which is to be located on land which, on March 1, 1983, is zoned for such use and where expenditures in excess of $2,500.00 have been made in preparation for construction in accordance with such zoning; provided, however, prior to March 1, 1984, construction of such land disturbing activity must have actually commenced and expenditures must have been made in connection with such construction in excess of ten percent of the estimated cost of the total projected land disturbing activity, exclusive of the cost of the land, or in excess of $100,000.00 exclusive of the cost of the land, whichever is less; otherwise a certificate for the project must be obtained pursuant to the Metropolitan River Protection Act (O.C.G.A. § 12-5-440 et seq.).

(5)

Upon request by the owner of any land included in the stream corridor for the first time after March 1, 1983, the center shall make a determination whether any land or water use or land disturbing activity on such land satisfies the conditions set forth in this subsection for exclusion from application of this part. Any such request shall be accompanied by an information concerning the land or water use or land disturbing activity as the center may reasonably request. If the center determines that the land or water use or land disturbing activity fails to satisfy the conditions set forth in this subsection, the center shall state the reasons therefor. The center shall be authorized to delegate this authority to its executive director. If such delegation is made, any person aggrieved by any such determination of the executive director may appeal such determination to the center within 30 days of the issuance of such determination.

(6)

Any land or water use or land disturbing activity which is undertaken or financed, in whole or in part, by the state department of transportation.

(Ord. of 2-9-99)

State law reference

Similar provisions, O.C.G.A. § 12-5-451.