§ 50-76. Application; plan requirements; permit process.  


Latest version.
  • (a)

    General. The landowner, developer and designated planner, architects and engineers shall review the general development plans and detailed plans of the unincorporated areas of the county that affect the tract to be developed and the area surrounding it. They shall review and comply with the zoning regulations set forth in chapter 134, the subdivision regulations set forth in chapter 110, the flood damage prevention regulations set forth in chapter 58, the stormwater management concept and design requirements set forth in division 2 of article IV (stormwater management) of this chapter, the inspection and maintenance agreement requirements set forth in section 50-161, division 3 of article IV (stormwater management) of this chapter, and other county ordinances which regulate the development of land within the boundaries of the unincorporated areas of the county. All design related to stormwater management under this article and all subsequent articles set forth in chapter 50 shall conform with the technical guidelines and requirements set forth in the latest edition of the Georgia Stormwater Management Manual (Volumes 1, 2 and 3) and any relevant local addenda.

    (b)

    Application requirements.

    (1)

    No person shall conduct any land disturbing activity within the confines of the unincorporated areas of the county without first obtaining a permit, where required, from the issuing authority of the unincorporated areas of the county to perform such activity and providing a copy of the notice of intent submitted to the Georgia E.P.D, if applicable. A land disturbance permit for clearing and grading projects may only be obtained if such projects are part of a complete site/project plan review and approval (allowing for clearing and grading only phases, including a time table for final completion). Any clearing and grading activities permitted under this section shall comply with the provisions found in article VI of this chapter. In no event shall any portion of this section be interpreted in any manner to reduce or diminish the use or density of any project where the county board of commissioners has approved such use or density.

    (2)

    The application for a permit shall be submitted to the local issuing authority. Applications for permits will not be accepted unless accompanied by nine copies of the applicant's soil erosion and sedimentation and pollution control plan. These plans shall include, as a minimum, the data specified in subsection (c) of this section. Soil erosion and sedimentation and pollution control plans shall conform to the provisions of section 50-75. All applications shall contain a certification stating that the plan preparer or the designee thereof visited the site prior to creation of the plan in accordance with EPD Rule 391-3-7-10 or that such a visit was not required in accordance with rules and regulations established by the board.

    (c)

    Plan requirement.

    (1)

    Standards and specifications. Plans for land disturbing activities shall contain soil erosion and sedimentation control measures and practices which conform to the publication entitled Manual for Erosion Control in Georgia or equivalent publication which is on file in the office of the issuing authority. The publication is hereby incorporated by reference in this article. The plan for the land disturbing activity shall consider the interrelationship of the soil types, geological, and hydrological characteristics, topography, watershed, vegetation, proposed permanent structures including roadways, constructed waterways, sediment control and stormwater management facilities, local ordinances, and state laws.

    (2)

    Data required. The applicant's erosion and sedimentation control plan shall include, as a minimum, the following information for the entire tract of land to be disturbed, whether or not the tract will be developed in stages:

    a.

    Name, address, fax number, and phone number of applicants.

    b.

    Name, phone number, and fax number of the 24-hour project manager and an alternate, who can be served with notice.

    c.

    Name, phone number, and fax number of 24-hour erosion sediment control company or individual.

    d.

    Certification number of company or individual responsible for design, installation, and maintenance of erosion sediment control devices. After December 31, 2006, all persons involved in land development design, review, permitting, construction, monitoring, or inspection of any land disturbing activity shall meet the education and training certification requirements as developed by the commission pursuant to O.C.G.A. § 12-7-20.

    e.

    Certification must be renewed and an approved course taken every two years.

    f.

    A narrative description of the overall project. This narrative shall include:

    1.

    Description of existing land use of project site and description of proposed project, including size of project, or phase under construction, in acres. An anticipated starting and completion date of each sequence and stage of land disturbing activities and the expected date the final stabilization will be completed.

    2.

    A description of the sediment control program and sediment control practices.

    3.

    An adequate description of the general topographic and soils conditions of the tract as available from the district conservationist or the county soil and water conservationist of the county soil and water conservation district.

    4.

    Activity schedule showing anticipated starting and completion dates for the project, including a statement in bold letters that "the installation of erosion and sedimentation control measures and practices shall occur prior to or concurrent with land disturbing activities."

    5.

    A description of the maintenance program for sedimentation control facilities, including inspection programs, vegetative establishment of exposed soils, etc.

    6.

    Engineer's erosion control certification in a form as prescribed by the director of the community development agency.

    7.

    All information required from the appropriate Erosion, Sedimentation and Pollution Control Plan Review Checklist established by the Georgia Soil and Water Conservation Commission as of January 1 of the year in which the land disturbance permit was issued.

    (3)

    Visual materials and computations. Maps, drawings and supportive computations shall bear the signature/seal of a registered or certified professional in engineering, architecture, landscape architecture, land surveying, or erosion and sedimentation control. After December 31, 2006, all persons involved in land development design, review, permitting, construction, monitoring, or inspection of any land disturbing activity shall meet the education and training certification requirements, as developed by the commission pursuant to O.C.G.A. § 12-7-20, showing the following:

    a.

    A site location drawing of the proposed project, indicating the location of the proposed project in relation to roadways, residential areas, jurisdictional boundaries, streams and rivers, limits of stream buffers and property setbacks, detailed plans of all proposed land development in the stream buffer, limits and square footage areas of all proposed impervious cover within the setback, description of all proposed land development within the stream buffer and setback, 100-year floodplains and designated trout streams, any other documentation that the community development department may reasonably deem necessary for review of the application and to insure that the stream buffer ordinance is addressed in the approval process.

    b.

    A boundary line survey of the site on which the work is to be performed including graphic scale and north point or arrow indicating magnetic north.

    c.

    A topographic map containing contours at an interval and scale that will depict the existing and finished grades (in accordance with a one-foot contour interval for tracts with a zero to two percent ground slope, 1:100 or larger scale; a one-foot or two-foot contour interval for tracts with a two to eight percent ground slope, 1:100 or larger scale; a two-foot, five-foot, or ten-foot contour interval for tracts with an eight percent or greater ground slope, 1:100 or larger scale), existing and proposed watercourses, location and delineation of all buffers and proposed features of the development.

    d.

    Vegetative plans for all temporary and permanent vegetative measures, including species, planting date, seeding, fertilizer and mulching rates. The vegetative plan should show options for year-round seeding.

    e.

    Detail drawings for all structural practices. Specifications may follow guidelines set forth in the Manual for Erosion and Sediment Control in Georgia.

    f.

    Stormwater management program if proposed, including the effect, if any, on downstream facilities and downstream properties.

    g.

    Major topographic features, streams, existing soil types and vegetation.

    h.

    Delineation of disturbed areas within project boundary.

    i.

    Location identified by appropriate coding symbols as shown in the Manual for Erosion and Sedimentation Control in Georgia or other appropriate publication.

    j.

    Details should describe installation procedures.

    k.

    Computations, timing schedules and other supportive data required for review of applicant's plan.

    l.

    Sediment and stormwater, where applicable, management systems including storage capacity, hydrologic study and calculations, including off-site drainage areas.

    m.

    Proposed structures or additions to existing structures and paved areas.

    n.

    All plans must contain a certification stating that the plan preparer or the designee thereof visited the site prior to creation of the plan in accordance with EPD Rule 391-3-7-10 or that such a visit was not required in accordance with rules and regulations established by the board.

    (4)

    Maintenance.

    a.

    Maintenance of all soil erosion and sedimentation control practices, whether temporary or permanent, shall be at all times the responsibility of the owner. It shall be the responsibility of the owner or his/her designee to post a maintenance log on site at all times. Said log will be posted on site with the land disturbance permit from the issuing authority. Said log must also be initialed on a weekly basis by the owner or his/her designee to indicate compliance with best management practices and the approved maintenance schedule.

    b.

    All plans must contain the following maintenance statement: "Erosion control measures will be maintained at all times. If full implementation of the approved plan does not provide for effective erosion and sediment control, additional erosion and sedimentation control measures will be installed if deemed necessary by on-site inspection. On-site inspectors may add items to plans as necessary. On-site inspectors may delete items from plans subject to approval by the director of community development or his/her designee".

    (d)

    Permits.

    (1)

    Permits issuance or denial. A permit is issued after the issuing authority has determined that the plan for erosion and sedimentation control complies with the requirements of section 50-75 and after the issuing authority has affirmatively determined that the plan complies with all ordinances, rules and regulations in effect within the unincorporated areas of the county. Permits will be issued or denied as soon as practical after the permit is filed with the issuing authority. If the permit is denied, the reasons for the denial shall be furnished to the applicant.

    (2)

    Staged developments. If the tract is to be developed in stages, then a separate permit shall be required for each phase.

    (3)

    Suspensions, revocation or modification of permit. The permit may be suspended, revoked or modified by the issuing authority, as to all or any portion of the land affected by the plan, upon a finding that the holder or his successor in title is not in compliance with the approved erosion and sedimentation control plan or that the holder or his successor in title is in violation of this article or any ordinance, resolution, rule or regulation adopted or promulgated pursuant to this article. The holder of a permit shall notify any successor in title to him as to all or any portion of the land affected by the approved plan of the conditions contained in the permit.

    (4)

    Responsibility. Neither the issuance of the permit nor compliance with the conditions thereof, nor with the provisions of this article, shall relieve any person of any responsibility otherwise imposed by law for damage of persons or property; nor shall the issuance of any permit pursuant to this article serve to impose any liability upon the county, its officers, board members or employees, for injury or damage to persons or property. The permit issued pursuant to this article does not relieve the applicant of the responsibility of complying with any other county ordinance or state law.

    (5)

    Special conditions. A permit issued by the issuing authority shall specify any special conditions under which the land disturbing permit may be undertaken.

    (6)

    Fees. In addition to the local permitting fees, fees will also be assessed pursuant to O.C.G.A. § 12-5-23(a)(5), provided that such fees shall not exceed $80.00 per acre of land disturbing activity, and these fees shall be calculated and paid by the primary permittee as defined in the state general permit for each acre of land disturbing activity included in the planned development or each phase of development. All applicable fees shall be paid prior to issuance of the land disturbance permit. In a jurisdiction that is certified pursuant to OCGA § 12-7-8(a), half of such fees levied shall be submitted to the division; except that any and all fees due from an entity which is required to give notice pursuant to O.C.G.A. § 12-7-17(9) and (10) shall be submitted in full to the division, regardless of the existence of a local issuing authority in the jurisdiction.

(Ord. of 3-27-90; Code 1977, § 3-6-111; Ord. of 11-14-95; Ord. of 7-27-99 (eff. 10-1-99); Ord. of 1-25-00; Ord. of 1-23-01; Ord. of 4-13-04; Ord. of 2-27-07; Amd. of 2-23-10)

State law reference

Permits for land disturbing activities, O.C.G.A. §§ 12-7-7, 12-7-9.