§ 50-71. Definitions.  


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  • The following words, terms and phrases, when used in this article and other articles of this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

    Best management practices (BMPs) means a collection and wide range of structural practices and vegetative measures, in addition to stormwater management regulations, procedures, engineering designs, activities, prohibitions or practices, that when properly designed, installed and maintained, have been demonstrated to effectively control the quantity, quality and erosion and sedimentation associated with stormwater consistent with the requirements of the Manual for Erosion and Sediment Control in Georgia, specified in O.C.G.A. § 12-7-6(b), as amended, and the Georgia Stormwater Management Manual.

    Board means the Board of the Georgia State Department of Natural Resources.

    Buffer means an area along the course of any streams as defined on the current county stream buffer map to be maintained in an undisturbed and natural condition to facilitate the protection of water quality and aquatic habitat and may include a restrictive covenant in favor of the county for conservation uses.

    Certified personnel means a person who has successfully completed the appropriate certification course approved by the Georgia Soil and Water Conservation Commission.

    Channel means a natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.

    CIP period means a capital improvement program year as determined by the board of commissioners.

    Commission means the state soil and water conservation commission.

    Conservation easement means an agreement between a land owner and the county or other government agency or land trust that permanently protects open space or greenspace on the owner's land by limiting the amount and type of development that can take place, but continues to leave the remainder of the fee interest in private ownership.

    CPESC means a 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.

    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.

    Department means the Cobb County Water System, or CCWS.

    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.

    Detention means the temporary storage of stormwater runoff in a stormwater management facility for the purpose of controlling the peak discharge.

    Detention facility means a permanent structure for the temporary storage of runoff which is designed so as not to create a permanent pool of water(or, designed for the detention of stormwater runoff and gradual release of stored water at controlled rates.)

    Development or land development means, to the extent permitted by law, any of the following actions undertaken by a public or private individual or entity: The division of a lot, tract or parcel of land into two or more parcels or other divisions by plat or deed, or the combination or recombination of two or more lots, tracts or parcels of land into a lesser number of lots, plots, sites, tracts, parcels or other combinations by plat or deed. The term "development" shall also mean any land change, including, without limitation, clearing, grubbing, stripping, dredging, grading, excavating, transporting and filling of land.

    Development agreement means a private, voluntary agreement between the county and the applicant as authorized by the Georgia Development Impact Fee Act (O.C.G.A. § 36-71-1 et seq.).

    DNR means the state department of natural resources.

    Director means the director of the county community development agency.

    District means the county soil and water conservation district.

    Division means the environmental protection division of the state department of natural resources.

    Drainage easement means an easement appurtenant or attached to a tract or parcel of land allowing the owner of adjacent tracts or other persons to discharge stormwater runoff onto the tract or parcel of land subject to the drainage easement

    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, or a structure for the retention or detention of stormwater runoff for stormwater management, drainage control or flood control purposes.

    Easement means a grant or reservation by the owner of land for the use of such land by others for a specific purpose, and which must be included in the conveyance of land affected by such easement.

    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 groundwater table year-round; for which groundwater 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. ch. 12-7, that includes, at a minimum, protections at least as stringent as the state general permit, best management practices, and requirements as stated in this chapter.

    Extended detention means the detention of stormwater runoff for an extended period, typically 24 hours or greater.

    Extreme flood protection means measures taken to prevent adverse impacts from large low-frequency storm events with a return frequency of 100 years or more.

    Fill means a portion of land surface to which soil or other solid material has been added; the depth above the original grade.

    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 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.

    Flooding means a volume of surface water that is too great to be confined within the banks or walls of a conveyance or stream channel and that overflows onto adjacent lands.

    Georgia Stormwater Management Manual (GSMM) or manual as amended from time to time, means the minimum guidelines of design, performance, and review criteria for stormwater management practices, as approved by the board of commissioners.

    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.

    Greenspace or "open space" means permanently protected areas of the site that are preserved in a natural state, except for necessary utility crossings.

    Ground elevation means the original elevation of the ground surface prior to cutting or filling.

    Hotspot means an area where the use of the land has the potential to generate highly contaminated runoff, with concentrations of pollutants in excess of those typically found in stormwater.

    Hydrologic soil group (HSG) means a natural resource conservation service classification system in which soils are categorized into four runoff potential groups. The groups range from group A soils, with high permeability and little runoff produced, to group D soils, which have low permeability rates and produce much more runoff.

    Impervious cover or impervious area means a surface composed of any material that significantly impedes or prevents the natural infiltration of water into soil. Impervious surfaces include, but are not limited to, rooftops, buildings, streets and roads, and any concrete or asphalt surface.

    Industrial stormwater permit means a national pollutant discharge elimination system (NPDES) permit issued to an industry or group of industries which regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies.

    Infiltration means the passage or movement of water into the soil subsurface.

    Inspection and maintenance agreement means a written agreement providing for the long-term inspection and maintenance of stormwater management facilities and practices on a site or with respect to a land development project, which when properly recorded in the deed records constitutes a restriction on the title to a site or other land involved in a land development project.

    Issuing authority means the county community development agency or its assigned or designated representative, which shall be responsible for administering this article and has been certified by the director of the environmental protection division of the department of natural resources as the issuing authority, pursuant to O.C.G.A. § 12-7-8(a).

    Lake means a body of water one acre or more in surface area, created either by a manmade or natural dam or other means of water impoundment.

    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 herein.

    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 demarcation such as boundary signs, lot stakes, or surveyor 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) of O.C.G.A. § 12-7-8.

    Local planning commission means the Cobb County planning commission.

    Maintenance means any action necessary to preserve stormwater management facilities in proper working condition, in order to serve the intended purposes set forth in this article and to prevent structural failure of such facilities.

    Manager is the director of the county water system or his/her designee.

    Metropolitan North Georgia Water Planning District or MNGWPD means the organization created by the Georgia General Assembly in 2001 to develop comprehensive regional management plans for water, wastewater and watershed protection and to oversee the implementation of such plans.

    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 in 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 particles are present.

    New development means a land development activity on a previously undeveloped site.

    NOI means a notice of intent form provided by EPD for coverage under the state general permit.

    Nonpoint source pollution means a form of water pollution that does not originate from a discrete point such as a sewage treatment plant or industrial discharge, but involves the transport of pollutants such as sediment, fertilizers, pesticides, heavy metals, oil, grease, bacteria, organic materials and other contaminants from land to surface water and groundwater via mechanisms such as precipitation, stormwater runoff, and leaching. Nonpoint source pollution is a by-product of land use practices such as agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources.

    Nonstructural stormwater management practice or nonstructural practice means any natural or planted vegetation or other nonstructural component of the stormwater management plan that provides for or enhances stormwater quantity and/or quality control or other stormwater management benefits, and includes, but is not limited to, riparian buffers, open and greenspace areas, overland flow filtration areas, natural depressions, and vegetated channels.

    NOT means a notice of termination form provided by EPD to terminate coverage under the state general permit.

    Off-site stormwater management facility means any facility outside the project boundary that is or will be used for transporting and management of stormwater runoff, including, but not limited to, culverts, detention ponds, storm drains, flumes and headwater pools. Easements for the purpose of transporting and management of stormwater runoff shall be obtained for any off-site facility with prior approval obtained from the manager of the county water system.

    On-site stormwater management means the design and construction of a facility necessary to control stormwater runoff within and for a single development.

    On-site stormwater management facility means any facility within the project boundary used for the purpose of transporting or managing stormwater runoff, including, but not limited to, culverts, detention ponds, storm drains, flumes and headwater pools.

    Operator means the party or parties that have:

    (1)

    Operational control of construction project plans and specifications, including the ability to make modifications to those plans and specifications; or

    (2)

    Day-to-day operational control of those activities that are necessary to ensure compliance with a stormwater pollution prevention plan/ erosion and sedimentation 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 stormwater pollution prevention plan/ erosion and sedimentation 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.

    Overbank flood protection means measures taken to prevent an increase in the frequency and magnitude of out-of-bank flooding (i.e. flow events that exceed the capacity of the channel and enter the floodplain), and that are intended to protect downstream properties from flooding for the two-year through 25-year frequency storm events.

    Permanently protected means be protected from development in perpetuity (per O.C.G.A. § 44-5-60(c)) by the mandatory covenants or conservation easements in favor of the county for conservation uses.

    Permit means the permit issued by the community development agency to the applicant which is required for undertaking any land development activity.

    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 for the state, 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.

    Pond means a body of standing water less than one acre in surface area, created either by a natural dam, or other means of water impoundment.

    Post-development refers to the time period, or the conditions that may reasonably be expected or anticipated to exist, after completion of the land development activity on a site as the context may require.

    Pre-development refers to the time period, or the conditions that exist, on a site prior to the commencement of a land development project and at the time that plans for the land development of a site are approved by the plan approving authority. Where phased development or plan approval occurs (preliminary grading, roads and utilities, etc.), the existing conditions at the time prior to the first item being approved or permitted shall establish pre-development conditions.

    Preexisting stormwater management facility means any stormwater facility which may or may not have been physically installed but was required by this article or any prior ordinance.

    Preliminary plat means the preliminary plat of subdivision submitted pursuant to the county's current subdivision regulations and such other development standards and as may be amended from time to time.

    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.

    Qualified personnel means any person who meets or exceeds the education and training requirements of O.C.G.A. § 12-7-19.

    Roadway drainage structure means a bridge, culvert or flume composed of 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.

    Record survey means a final field survey which locates the visible surface features of a constructed stormwater facility on the ground but without locating nonvisible or subsurface features such as the actual route and elevation of buried pipe. Such nonvisible or subsurface features which are known to exist shall be located on the record survey in their reasonable respective locations.

    Redevelopment means a land development project on a previously developed site, but excludes ordinary maintenance activities, remodeling of existing buildings, resurfacing of paved areas, and exterior changes or improvements which do not materially increase or concentrate stormwater runoff, or cause additional nonpoint source pollution.

    Regional stormwater management means the design and construction of a facility necessary to control stormwater runoff within or without a development and for one or more developments.

    Retention structure means a permanent structure that provides for the temporary storage of runoff and is designed to maintain a permanent pool of water.

    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.

    Slope means a degree of vertical deviation of surface from the horizontal, usually expressed in percent or degree.

    Soil and water conservation district approved plan means an erosion and sedimentation control plan approved in writing by the county soil and water conservation district.

    Stabilization means the process of establishing an enduring soil cover of vegetation by the installation of temporary or permanent vegetative 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 USC Section 1251 et seq., and O.C.G.A. § 12-5-30(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 and 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.

    Stormwater better site design means nonstructural site design approaches and techniques that can reduce a site's impact on the watershed and can provide for nonstructural stormwater management. Stormwater better site design includes conserving and protecting natural areas and greenspace, reducing impervious cover and using natural features for stormwater management.

    Stormwater concept plan means the overall proposal for a storm drainage system, including stormwater management structures, and supporting documentation as specified in the current county development standards and specifications for each proposed private or public development to the extent permitted by law.

    Stormwater design/management plan means the set of drawings and other documents that comprise all of the information and specifications for the systems, structures, concepts and techniques that will be used to control stormwater as required by the Georgia Stormwater Management Manual and the Cobb County Development Standards and Specifications .

    Stormwater management means the collection, conveyance, storage, treatment and disposal of stormwater runoff in a manner to prevent accelerated channel erosion, increased flood damage and/or degradation of water quality, and in a manner to enhance and ensure the public health, safety and general welfare.

    Stormwater management assessment districts means any districts established by the board of commissioners where there are special assessments of property owners for the purpose of management and maintenance of stormwater.

    Stormwater management facilities means those structures and facilities that are designed and constructed for the conveyance, collection, storage, transport, storage, treatment and disposal of stormwater runoff into and through the stormwater management system.

    Stormwater management system means the entire set of structural and nonstructural stormwater management facilities and practices that are used to capture, convey and control the quantity and quality of the stormwater runoff from a site.

    Stormwater retrofit means a stormwater management practice designed for a currently developed site that previously had either no stormwater management practice in place or a practice inadequate to meet the stormwater management requirements of the site.

    Stream means any stream, beginning at:

    (1)

    The location of a spring, seep, or groundwater outflow that sustains streamflow: or

    (2)

    A point in the stream channel with a drainage area of 25 acres or more; or

    (3)

    Where evidence indicated the presence of a stream in a drainage area of other than 25 acres, the county may require field studies to verify the existence or non existence of a stream.

    Structural stormwater control means a structural stormwater management facility or device that controls stormwater runoff and changes the characteristics of that runoff including, but not limited to, the quantity and quality, the period of release or the velocity of flow of such runoff.

    Structural erosion and sedimentation control practices means practices 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, including but not limited to riprap, sediment basins, dikes, level spreaders, waterways or outlets, diversions, grade stabilization structures, sediment traps and land grading, etc. Such practices can be found in the publication Manual for Erosion and Sediment Control in Georgia.

    Subdivider means a person providing or developing land so as to constitute subdivision.

    Subdivision means all divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose, whether immediate or future, of sale, legacy or building development, and includes all division of land involving a new street or a change in existing streets, and includes resubdivision and, where appropriate to the context, relates to the process of subdividing or to the land or area subdivided. Provided, however, that the following are not included within this definition:

    (1)

    The combination or recombination of portions of previously platted lots where the total number of lots is not increased and the resultant lots are equal to the standards of the county.

    (2)

    Any subdivision of land for agricultural purposes, provided that no lots thereby produced contain less than ten acres each and have average widths of 400 feet or more. Also, where no new streets, roads or other rights-of-way are involved and where no residential, commercial or industrial development will follow.

    (3)

    A division or sale of land by judicial decree.

    (4)

    The sale or exchange of a parcel of land between owners of adjoining properties, provided that additional lots are not thereby created.

    (5)

    In those instances where the board of appeals grants a variance for a subdivision of property lacking the minimum public road frontage and an easement is necessary for ingress and egress to the property, there shall be a maximum of three lots permitted, a minimum of 80,000 square feet per lot, a minimum of 25 feet width easement, and the easement and the subdivided lots shall be platted and required to be recorded as restrictive covenants running with the land in the clerk's office, county superior court. The board of appeals shall not be authorized to grant a variance to this subsection.

    Trout streams means all streams or portions of streams within the watershed as designated by the game and fish division of the state department of natural resources under the provisions of the Georgia Water Quality Control Act, O.C.G.A. § 12-5-20 et seq. 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 which are capable of supporting trout throughout the year. First order trout waters are streams into which no other streams flow except springs.

    Undeveloped condition refers to the characteristics of the land surface prior to any development.

    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 longterm vegetative cover;

    (2)

    Temporary seeding, producing shortterm vegetative cover; or

    (3)

    Sodding, covering areas with a turf of perennial sod-forming grass.

    Such measures can be found in the publication Manual for Erosion and Sediment Control in Georgia.

    Violation means any breach of the provisions of this article, including failure to obtain a land disturbance permit when required, failure to follow best management practices and violating NTU levels when BMPs were not followed.

    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 a prevalence of vegetation typically adapted for life in saturated soil conditions, as determined by a qualified wetlands consultant or the U.S. Army Corps of Engineers. Wetlands generally include swamps, marshes, bogs, and similar areas.

(Ord. of 3-27-90; Code 1977, § 3-6-108; Ord. of 11-14-95; Ord. of 1-23-01; Ord. of 7-10-01; Ord. of 4-13-04; Amd. of 2-23-10)

Cross reference

Definitions generally, § 1-2.