Atlanta › Code of Ordinances — Part II (General Ordinances)
Chapter 74 — Environment
§ 74-1
Cost recovery for reparation of damage due to hazardous material.
Sec. 74-1. Cost recovery for reparation of damage due to hazardous material.
(a)For the purposes of this section the term "hazardous material" means and includes all chemicals, materials or substances that may be so defined by the Secretary of Transportation of the United States under the provisions of the Hazardous Materials Transportation Act, 49 USC 1801—1812 (Public Safety Law 93-633).
(b)If any damage to city property or discharge of hazardous materials from the shipping package or container or the threat of such discharge occurs which results from the transport, storage, holding, detention, delivery for transport or acceptance for transport of hazardous materials in this city, the city may recover from any shipper, carrier, bailor, bailee or any other person responsible for such storage, transport, holding, detention, delivery or acceptance all costs, including direct as well as indirect, incurred by the city in the prevention, abatement or removal of any such discharge or threatened discharge, including reasonable attorney's fees or costs incurred with respect to recovery.
(c)The mayor is authorized to direct the bringing of any legal action necessary and desirable to enforce this section. (Code 1977, § 7-4028)
State law reference—Costs of oil spill response, O.C.G.A. § 12-5-500 et seq.
Secs. 74-2—74-35. Reserved.
ARTICLE II. SOIL EROSION, SEDIMENTATION, AND POLLUTION
CONTROL*
§ 74-36
Title, authority and findings.
Sec. 74-36. Title, authority and findings.
(a)Title. This article will be known as the City of Atlanta Soil Erosion, Sedimentation, and Pollution Control Ordinance.
*Editor’s note—Ord. No. 2004-48, § 1, adopted Aug. 20, 2004, repealed art. II, §§ 74-36—74-45, in its entirety. Section 3 of said ordinance provided for the inclusion of a new art. II to read as herein set out. Formerly, said article pertained to similar subject matter as enacted by Ord. No. 2001-72, § 1, adopted Oct. 9, 2001. Subsequently, Ord. No.
(b)Authority. This article is enacted to implement the Erosion and Sedimentation Act of 1975, O.C.G.A. § 12-7-1, et seq., as amended in the 2009 Session of the Georgia General Assembly and pursuant to the city's authority under Ga. Const. Art. IX, § II (Home Rule and supplementary powers), O.C.G.A. § 36-35-1 et seq. (Municipal Home Rule powers) and Atlanta City Charter §§ 1-102(b), 1-102(c)(42), and 1-102(c)(46).
(c)Findings. The Council of the City of Atlanta finds that soil erosion and sediment deposition onto lands and into waters within the watersheds of the city are occurring as a result of a need for improvement in the application of proper soil erosion and sedimentation control practices in land clearing, soil movement, and construction activities and that such erosion and sediment deposition result in pollution of state waters and damage to domestic, agricultural, recreational., fish and wildlife, and other resources uses. It is therefore declared to be the policy of the city and the intent of this article to strengthen and extend the present erosion and sedimentation control activities and programs of the city and to provide for the establishment and implementation of a city-wide comprehensive soil erosion and sedimentation control program to conserve and protect the land, water, air and other resources of the city. The city further declares its intention through this article to meet or exceed, where permitted, the requirements of state and federal law regarding the regulation of land-disturbing activities. (Ord. No. 2004-48, § 3, 8-20-04; Ord. No. 201043(10-O-0808), § 2, 7-27-10; Ord. No. 2019-61(19O-1505), § 1, 11-27-19)
2010-43(10-O-0808), § 1, approved July 27, 2010, amended the title of Art. II to read as herein set out. See also the Code Comparative Table.
Land Development Code reference—Building regulations, § 8-2001 et seq.
State law references—Erosion and Sedimentation Act of 1975, O.C.G.A. § 12-7-1 et seq.; local land disturbing ordinances, O.C.G.A. § 12-7-4 et seq.
§ 74-37
Definitions.
Sec. 74-37. Definitions.
The following definitions shall apply in the interpretation and enforcement of this article, unless otherwise specifically stated:
(1)Applicant means the person who applies for a building permit and who must be the owner of the real property or an authorized agent of the owner.
(2)Approved plan means an erosion and sedimentation control plan approved in writing by the city or the District.
(3)Best management practices (BMPs) means a collection of sound conservation and engineering practices, and vegetative measures to prevent and minimize erosion and resultant sedimentation, which are consistent with, and no less stringent than, those practices contained in the Manual for Erosion and Sediment Control in Georgia.
(4)Board means the Georgia Board of Natural Resources.
(5)Buildable area has the same meaning as in the Land Development Code §1628.006(9).
(6)Certified personnel or certified person means a person who holds current certification issued by the Georgia Soil and Water Conservation Commission (GSWCC) for completion of appropriate courses as determined by the Commission.
(7)City means the City of Atlanta, which is a local issuing authority as defined herein.
(8)Code means the Atlanta City Code.
(9)Commission means the Georgia Soil and Water Conservation Commission (GSWCC).
(10)Commissioner means the Commissioner of the Department, or a designee.
(11)Cut means the excavation of soil, rock or other similar substance, whether the material remains on-site or is moved off-site, but does not include the removal of minor volumes for the purpose of garden landscaping, turf or garden bed establishment and that does not significantly alter the shape, natural form or drainage of the land.
(12)Department means the Department of Watershed Management, or its successor agency.
(13)Design professional means a Certified Design Professional as that term is defined by Ga. Comp. R. & Regs. Chapter 600-8-1-.03.
(14)Director means the Director of the Environmental Protection Division of the Department of Natural Resources.
(15)District means the Fulton or DeKalb County Soil and Water Conservation District.
(16)Disturbed area means the total area on which land-disturbing activities are to take place.
(17)Division means the Environmental Protection Division of the Department of Natural Resources.
(18)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 for stormwater management, drainage control, or flood control purposes.
(19)Erosion means the process by which land surface is worn away by the action of wind, water, ice, or gravity.
(20)Erosion and sedimentation control plan means a plan for the control of soil erosion and sedimentation resulting from a land-disturbing activity. Also known as the plan.
(21)Fill means depositing of soil, rock or other similar extractive material obtained from on-site or off-site, but does not include the depositing of minor volumes of topsoil, soil amendments, or feature rock imported to the site that is intended for use in garden landscaping, turf or garden bed establishment or top dressing of lawns and that does not significantly alter the shape, natural form or drainage of the land.
(22)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 landscaped according to the Plan (uniformly covered with landscaping materials in planned landscape areas), or equivalent permanent stabilization measures as defined in the Manual (excluding a crop of annual vegetation and seeding of target crop perennials appropriate for the region). Final stabilization applies to each phase of construction.
(23)Footprint means the enclosed area of the horizontal dimensions of a structure as defined by the exterior walls and as projected on the ground. Footprint area shall not include any decks, patios, porches, carport, any floor above ground level, or accessory structure (as defined by §16-29.001(2) of the Land Development Code) for the purpose of this calculation.
(24)Foundation wall means the masonry or concrete walls both below and above ground level that elevate and serve as the main support for a structure and may include walls that form the sides of a basement or crawl space area, or containment of fill for slab construction.
(25)Grading means cut or fill or both.
(26)Ground level (existing) means the existing level or elevation at any point on-site prior to any grading.
(27)Hardship means a unique or special condition of a site such as size, shape, topography, surroundings or location but does not include lesser property value by comparison to properties in the vicinity or a condition brought into existence by actions of the owner or an authorized agent of the owner.
(28)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 in section 74-38(e).
(29)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.
(30)Local issuing authority means the city acting through its department of watershed management, which has been certified by the director of the environmental protection division of the department of natural resources as an issuing authority, pursuant to the Erosion and Sedimentation Act of 1975, as amended, O.C.G.A. § 12-7-1 et seq. and the rules for erosion and sediment control issued by the division set out in Ga. Comp. R. & Regs. Chapter 391-3-7-.09.
(31)Manual for Erosion and Sediment Control in Georgia means the guide 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 approved by the commission, as specified in O.C.G.A. § 12-7-6(b), adopted by reference in section 74-40(a) of the Code, and commonly referred to as the "Green Book." The Manual for Erosion and Sediment Control in Georgia is currently available from the Georgia Soil and Water Conservation Commission (http://www.gaswcc.org).
(32)Metropolitan River Protection Act (MRPA) means a state law, O.C.G.A. § 12-5-440 et seq., referenced in section 74-314(b) of the Code, which addresses environmental and development-related matters in certain metropolitan river corridors and their drainage basins.
(33)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.
(34)Notice or official notice means a written communication by the city to the owner, operator, or person conducting landdisturbing activity, including a notice to comply pursuant to section 74-42(d), a stop work order pursuant to sections 74-42(b), 74-42(c), 74-42(e), or 74-42(f), or a fine pursuant to section 74-42(g). Notice shall be deemed official when it meets one of the following requirements:
(1)Communicated in writing to the owner or operator via U.S. mail;
(2)Hand-delivered to the owner, operator, or person conducting landdisturbing activity; or
(3)Posted in a conspicuous location on the site.
(35)Notice of intent (N0I) means a notification filed with the state to obtain coverage under the NPDES State General Permit for stormwater discharges from a construction site.
(36)Notice of termination (NOT) means a notification filed with the state to terminate coverage under the NPDES State General Permit for stormwater discharges from a construction site.
(37)Off-site means any land that is not onsite.
(38)On-site has the same meaning as site.
(39)Operator means the party or parties that have: (A) operational control of construction project plans and specifications, including the ability to make modifications to those plans and specifications; or (B) day-to-day operational control of' those activities that are necessary to ensure compliance with a stormwater pollution prevention 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 or to comply with other permit conditions.
(40)Owner means any person having individual or joint or common title to property in any form defined by the laws of the State of Georgia as an estate or interest, whether legal or equitable and however acquired, in real property.
(41)Permanent vegetation means planted trees, shrubs. grasses, perennial vines, a crop of perennial vegetation appropriate for the Atlanta region and planted at the appropriate time of year, or a crop of annual vegetation and a seeding of perennial vegetation appropriate for the Atlanta region.
(42)Permit or land-disturbing activity permit (or LDA permit) means the authorization necessary to conduct a land-disturbing activity under the provisions of this article. Such authorization shall be deemed included in the building permit issued pursuant to Appendix A, section 103.1 of the city Land Development Code. If a building permit is not required, such authorization may be provided by a department-approved plan and subject to any required fees, bonds, or NOIs.
(43)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 of this state, any interstate body or any other legal entity.
(44)Project means the entire proposed development regardless of the size of the area of land to be disturbed.
(45)Properly designed means designed in accordance with the hydraulic design specifications or BMP design requirements contained in the Manual for Erosion and Sediment Control in Georgia (Green Book).
(46)Retaining wall means a structure whose function is to contain material in order to provide a stable surface at a grade higher than an adjacent grade level but does not include a foundation wall.
(47)Riparian buffer means the area of land lying adjacent to a wetland or stream in which development is prohibited or limited as more particularly set out in section 74-303 of the Code, or applicable state or federal law.
(48)Roadway drainage structure means a device such as a bridge, culvert, or ditch, composed of a virtually non-erodible material such as 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.
(49)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.
(50)Sedimentation means the process by which eroded material is transported and deposited by the action of water, wind, ice or gravity.
(51)Site means the real property on which land-disturbing activities occur regardless of the size of the disturbed area.
(52)Slope means the inclined ground surface of a fill, cut or natural terrain expressed either as a ratio of horizontal distance to vertical distance (measured in consistent units), percentage, or in degrees, dependent on the context in which it is used.
(53)Stabilization or stabilize means the process of establishing an enduring soil cover of vegetation by the installation of temporary or permanent structures for the purpose of reducing to a minimum the erosion process and the resultant transport of sediment by wind, water, ice or gravity.
(54)State General Permit or National Pollutant Discharge Elimination System (NPDES) permit means the authorization for the discharge of stormwater runoff from construction activities. This term shall mean the NPDES permit currently 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 U.S.C. § 1251, et seq., and O.C.G.A. § 12-5-30(f).
(55)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 or 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.
(56)State water buffer means the area of land immediately adjacent to a state waters or trout stream as more particularly set out in section 74-43(c)(15) and 74-43(c)(16).
(57)Structure has the same meaning as #Building or structure# in section 8-2083 of the city Land Development Code and includes impervious surfaces as defined by section 74-302(15) of the Code, temporary buildings or appurtenances, and pipes or utility lines.
(58)Structural erosion and sedimentation control practices means methods for the stabilization of erodible or sedimentproducing 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. Examples of structural erosion and sediment control practices are 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 Manual for Erosion and Sediment Control in Georgia.
(59)Trout streams means all streams or portions of streams within the watershed as designated by the Wildlife Resources Division of the Georgia Department of Natural Resources under the provisions of the Georgia Water Quality Control Act, O.C.G.A. 12-5-20, in the rules and regulations for Water Quality Control, Chapter 391-3-6 at www.epd.georgia.gov. 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 are capable of supporting trout throughout the year. First order trout waters are streams into which no other streams flow except springs.
(60)Vegetative erosion and sedimentation control measures means measures for the stabilization of erodible or sedimentproducing areas by covering the soil using one or more of the following measures found in the Manual for Erosion and Sediment Control in Georgia:
a.Permanent seeding, sprigging or planting, producing long-term vegetative cover; or
b.Temporary seeding, producing shortterm vegetative cover; or
c.Sodding, covering areas with a turf of perennial sod-forming grass.
(61)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.
(62)Wetlands means those areas, delineated in accordance with the U.S. Army Corps of Engineers Wetlands Delineation Manual, 1987 as amended, that under normal conditions contain hydric soils, hydrophytic vegetation, and hydrologic conditions reflecting temporary or permanent inundation or saturation by surface or ground water. Wetlands generally include swamps, marshes, bogs, and similar areas and typically support a prevalence of vegetation adapted for life in saturated soil conditions.
(Ord. No. 2004-48, § 3, 8-20-04; Ord. No. 201043(10-O-0808), § 3, 7-27-10; Ord. No. 2016-48(16O-1642), §§ 1—4, 12-14-16; Ord. No. 2019-61(19O-1505), § 1, 11-27-19)
§ 74-38
Applicability of article; exemptions.
Sec. 74-38. Applicability of article; exemptions.
This article shall apply to any land-disturbing activity undertaken by any person on any land except for the following:
(1)Surface mining as the same is defined in O.C.G.A. § 12-4-70, #Mineral Resources and Caves Act;#
(2)Granite quarrying and land clearing for such quarrying;
(3)Such minor land-disturbing activities as home gardens and individual home landscaping, repairs, maintenance work, fences, and other related activities which result in minor soil erosion;
(4)The construction of single-family residences, when such construction disturbs less than one acre and is not a part of a larger common plan or development or sale with a planned disturbance of equal to or greater than one acre and not otherwise exempted under this paragraph; provided, however,
(a)Construction of any such residence (single-family) shall conform to the minimum requirements as set forth in section 74-43 of this article.
(b)For single-family residence construction covered by the provisions of this paragraph, there shall be a buffer zone between the residence and any state waters classified as trout streams pursuant to Article 2 of Chapter 5 of the Georgia Water Quality Control Act. In any such buffer zone, no land-disturbing activity shall be constructed between the residence and the point where vegetation has been wrested by normal stream flow or wave action from the banks of the trout waters. For primary trout waters, the buffer zone shall be at least 50 horizontal feet, and no variance to a smaller buffer shall be granted. For secondary trout waters, the buffer zone shall be at least 50 horizontal feet, but the director may grant variances to no less than 25 feet. Regardless of whether a. trout stream is primary or secondary, for first order trout waters, which are streams into which no other streams flow except for springs, the buffer shall be at least 25 horizontal feet, and no variance to a smaller buffer shall be granted.
(c)The minimum requirements of section 74-43 of this article and the buffer zones provided by this section shall be enforced by the city;
(5)Agricultural operations as defined in O.C.G.A. § 1-3-3. $definitions,$ to include raising, harvesting or storing of products of the field or orchard; feeding, breeding or managing livestock or poultry; producing or storing feed for use in the production of livestock, including but not limited to cattle, calves, swine, hogs. goats, sheep, and rabbits or for use in the production of poultry., including but not limited to chickens, hens and turkeys; producing plants, trees, fowl, or animals; the production of aqua culture, horticultural, dairy, livestock, poultry, eggs and apiarian products; farm buildings and farm ponds.
(6)Forestry land management practices, including harvesting; provided, however, that when such exempt forestry practices cause or result in land-disturbing; or other activities otherwise prohibited in a state waters buffer, as established in section 74-43(c)(15) and (16) of this article, no other land-disturbing activities, except for normal forest management practices, shall be allowed on the entire property upon which the forestry practices were conducted for a period of three years after completion of such forestry practices.
(7)Any project carried out under the technical supervision of the Natural Resources Conservation Service of the United States Department of Agriculture.
(8)Any project involving less than 5,000 square feet of disturbed area; provided, however,
(a)Construction of any such project shall conform to the minimum requirements as set forth in section 74-43 of this article;
(b)This exemption shall not apply to any land-disturbing activity within a larger common plan of development or sale with a planned disturbance of equal to or greater than one acre or within 200 feet of the bank of any state waters (perennial stream), and for purposes of this paragraph, %state waters% excludes channels and drainage ways which have water in them only during and immediately after rainfall events (ephemeral stream) and intermittent streams which do not have water in them year-round; provided, however, that any person responsible for a project which involves less than 5,000 square feet, which involves land-disturbing activity, and which is within 200 feet of any such excluded channel or drainage way, must prevent sediment from moving beyond the boundaries of the property on which such project is located and provided, further, that
(c)Nothing contained herein shall prevent the city from regulating any such project which is not specifically exempted by subsections (1), (2), (3), (4), (5), (6), (7), (9), or (10) of this section;
(9)Construction or maintenance projects, or both, undertaken or financed in whole or in part, or both, by the Georgia Department of Transportation, the Georgia Highway Authority, or the state tollway authority; or any road construction or maintenance project, or both, undertaken by any county or municipality; provided, however, that construction or maintenance projects of department of transportation or state tollway authority which disturb one or more contiguous acres of land shall be subject to provisions of O.C.G.A. § 12-7-7.1 except where the department of transportation, the Georgia Highway Authority, or the state road and tollway authority is a secondary permittee for a project located within a larger common plan of development or sale under the state general permit, in which case a copy of a notice of intent under the state general permit shall be submitted to the city, and the city shall enforce compli-ance with the minimum requirements set forth in O.C.G.A. § 12-7-6 as if a LDA permit had been issued, and violations shall be subject to the same fines or penalties as violations by permit holders.
(10)Any land-disturbing activities conducted by any electric membership corporation or municipal electrical system or any public utility under the regulatory jurisdiction of the public service commission, any utility under the regulatory jurisdiction of the Federal Energy Regulatory Commission, any cable television system as defined in O.C.G.A. § 36-18-1, or any agency or instrumentality of the United States engaged in the generation, transmission, or distribution of power; except where an electric membership corporation or municipal electrical system or any public utility under the regulatory jurisdiction of the public service commission, any utility under the regulatory jurisdiction of the Federal Energy Regulatory Commission, any cable television system as defined in O.C.G.A. § 36-18-1, or any agency or instrumentality of the United States engaged in the generation, transmission, or distribution of power is a secondary permittee for a project located within a larger common plan of development or sale under the state general permit, in which case the city shall enforce compliance with the minimum requirements set forth in O.C.G.A. § 12-7-6 as if an LDA permit had been issued, and violations shall be subject to the same fines or penalties as violations by permit holders; and
(11)Any public water system reservoir. (Ord. No. 2004-48, § 3, 8-20-04; Ord. No. 201043(10-O-0808), § 4, 7-27-10; Ord. No. 2019-61(19O-1505), § 1, 11-27-19)
§ 74-39
Application and permit process.
Sec. 74-39. Application and permit process.
(a)General. A permit is required for any land-disturbing activity in the city unless exempt in accordance with section 74-38, above. The owner, developer and designated planners and engineers shall review the general development plans and detailed plans of the city that affect the tract to be developed and the area surrounding it. They shall review the zoning ordinance, stormwater management ordinance, subdivision ordinance, flood damage prevention ordinance, this article, and other ordinances which regulate the development of land within the jurisdictional boundaries of the city and shall design the proposed development in compliance with these regulations. Land disturbing activity permits shall be applied for as part of a building, permit in compliance with this article and Part 8 of the city Land Development Code.
(b)Application requirements.
(1)No person required to apply for an LDA permit shall conduct any land-disturbing activity requiring an approved erosion and sediment control plan within the jurisdictional boundaries of the city without first obtaining a LDA permit from the city to perform such activity;
(2)The application for a land-disturbing activity permit shall be submitted to the city's Office of Buildings and must include the applicant's erosion and sedimentation control plan with supporting data, as necessary. Said plans shall include, as a minimum, the data specified in section 74-40 of this article. Soil erosion and sedimentation control plans shall conform to the provisions of subsection 74-43 of this article. All applications shall contain a certification stating that the plan preparer or the designee thereof visited the site prior to creation of the plan or that such a visit was not required in accordance with rules and regulations established by the board. The application shall include the owner's name, street address, mailing address if different from street address (a post office box alone shall not satisfy this requirement), and other contact information such as phone numbers and e-mail addresses.
(3)Immediately upon approval of an application and plan for an LDA permit, the city shall refer the application and plan to the district for its review and approval or disapproval concerning the adequacy of' the erosion and sedimentation control plan, if such review and approval or disapproval is required. The district shall approve or disapprove a plan within 35 days of receipt. Failure of a district to act within 35 days shall be considered an approval of the pending plan. The results of the district review shall be forwarded to the city. No LDA permit will be issued unless the plan has been approved by the district, and any variances required by subsection 74-43(c)(13), (15) and (16), and bonding, if required, as per subsection 74-39(b)(5) have been obtained. Such review will not be required if the city and the district have entered into an agreement which allows the city to conduct such review and approval of the plan without referring the application and plan to the district.
(4)If an LDA permit applicant has had two or more violations of previous city-issued permits, this article, section, or the Erosion and Sedimentation Act, as amended, within three years prior to the date of filing of the application under consideration, the city may deny the LDA permit application.
(5)Performance bonds required. For landdisturbing activities on sites with a disturbed area of one acre or greater, or on which there is cut, fill, or a combination of both in an amount greater than 500 cubic yards, the applicant shall post a performance bond in accordance with the following requirements:
(i)The bond amount shall be $3,000.00 minimum, and prorated at $3,000.00 per disturbed acre for any amount or fraction greater than one acre;
(ii)The performance bond shall be issued by a bonding company licensed and registered in Georgia;
(iii)The performance bond shall ensure that all affected areas will be stabilized through structural measures, vegetative measures, or both to provide effective soil erosion and sediment control;
(iv)The terms of the bond shall extend from the beginning of the project until one year following its completion. The performance bond shall be written to the benefit of the city and shall obligate the bonding company to correct any violations of this article for a period of one year following cessation of land-disturbing activities or final sign-off pursuant to section 74-43(f);
(v)Failure to maintain or renew the performance bond, should it expire prior to final sign-off, shall be a violation of this article, and shall be a separate violation for each day of such failure, and shall be grounds for suspending or revoking the LDA permit.
(6)If the applicant does not comply with this article or with the conditions of the LDA permit after issuance, the city may call the bond in accordance with section 74-42(h).
(c)LDA permits.
(1)LDA permits shall be issued or denied as soon as practicable but in any event not later than 45 days after receipt by the city of a completed application, providing variances and bonding are obtained, where necessary.
(2)No LDA permit shall be issued by the city unless the erosion and sedimentation control plan has been approved by the district and the city has affirmatively determined that the plan is in compliance with this article, any variances required by subsection 74-43(c)(13), (15), (16), or other ordinances are obtained, bonding requirements. if necessary as per subsection 74-39(b)(5) are met, and all ordinances and rules and regulations in effect within the jurisdictional boundaries of the city are met; provided, however, such approval by the district will not be required if the city and the district have entered into an agreement which allows the city to approve the plan without referring the application and plan to the district. If the LDA permit is denied, the reason for denial shall be furnished to the applicant.
(3)If the tract is to be developed in phases, then a separate LDA permit shall be required for each phase.
(4)The LDA permit may be suspended, revoked. or modified by the city, as to all or any portion of the land affected by the plan, upon finding that the permittee, owner, or a successor in title is not in compliance with the approved erosion and sedimentation control plan, or that the permittee, owner, or a successor in title is in violation of this article. A holder of an LDA permit or owner shall notify any successor in title as to all or any portion of the land affected by the approved plan of the conditions contained in the LDA permit.
(5)No permit shall be issued unless the applicant provides a statement by the tax collector or tax commissioner of the county in which the property for which the permit is requested lies and by the official responsible for the collection for municipal taxes for the city, if applicable, certifying that all ad valorem taxes levied against the property and due and owing have been paid.
(6)No permit shall be issued or permit modification or revision be approved for construction within a larger common plan of development or sale if there is a pending enforcement action pursuant section 74-42 or the state general permit, except to allow corrective or remedial measures.
(7)Notice of intent and notice of termination. NOIs and NOTs required to be submitted to the EPD District Office under the State General Permit shall be submitted concurrently to the city.
(8)A copy of the permit shall be posted on the site at all times as set out in Appendix A, Chapter 1, section 102.2(c) of the city Land Development Code.
(Ord. No. 2004-48, § 3, 8-20-04; Ord. No. 201043(10-O-0808), § 5, 7-27-10; Ord. No. 2019-61(19O-1505), § 1, 11-27-19)
§ 74-40
Plan requirements.
Sec. 74-40. Plan requirements.
(a)Plans must be prepared to meet the minimum requirements as contained in section 74-43 of this article. Conformance with the minimum requirements may be attained through the use of design criteria in the Manual for Erosion and Sediment Control in Georgia, or through the use of more stringent, alternate design criteria which conform to sound conservation and engineering practices. The Manual for Erosion and Sediment Control in Georgia is hereby incorporated by reference into 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, city ordinances, and state laws.
(b)Data required for site plan.
(1)Narrative or notes, and other information: Notes or a narrative shall be written on the site plan, in the general notes section, or in the erosion and sediment control notes section of the plan.
(2)Description of existing land use at project site and description of proposed project.
(3)Name, street address, and phone number of the owner.
(4)Name and phone number of 24-hour local contact who is responsible for erosion and sedimentation controls.
(5)Total size of site, project, or phase under construction, and total size of disturbed area in both square feet and acres.
(6)Construction activity schedule showing the sequence of major activities involv-ing land-disturbing activity to be completed in chronological order, including, but not limited to, anticipated starting and completion dates for the project, initial installation of BMPs, clearing arid grubbing activities, grading, utility installation, and temporary and final stabilization in accordance with section 74-43(f). Include the following statement in bold letters: &The installation of erosion and sedimentation control measures and practices shall occur prior to or concurrent with laud-disturbing activities.&
(7)Stormwater and sedimentation management systems' storage capacity, hydrologic study, and calculations, including off-site drainage areas.
(8)Vegetative plan for all temporary and permanent vegetative measures, including species, planting, dates, and seeding, fertilizer, lime, and mulching rates. The vegetative plan shall show applicable options for year-round seeding in accordance with Chapter 6 Section II, Vegetative Measures, of the Manual for Erosion and Sediment Control in Georgia.
(9)Detailed drawings for all structural erosion control practices. Detailed drawings shall either follow guidelines set forth in the Manual for Erosion and Sediment Control in Georgia, or shall adhere to more stringent, alternate design criteria which conform to sound conservation and engineering practices.
(10)In accordance with section 74-41(a), the following maintenance statement in bold letters: &Erosion and sedimentation 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 sediment control measures shall be implemented to control or treat the sediment source.&
(c)Maps, drawings, and supportive computa-tions shall bear the signature/seal of a certified design professional. The certified plans shall contain:
(1)Graphic scale and north point or arrow indicating magnetic north.
(2)Vicinity maps showing location of project or site, and existing streets and drainage paths within one mile of the project.
(3)Boundary line survey.
(4)Delineation of disturbed areas within project boundary.
(5)Existing and planned contours, with an interval in accordance with the following:
Map Scale 1 inch = 100 ft. or larger scale Contour Interval, ft.
0.5 or 1 1 or 2 2, 5 or 10 Ground Slope Flat 0—2% Rolling 2—8% Steep 8%
(6)Adjacent areas and features including, but not limited to, streams, lakes, wetlands, and residential areas, which may be affected by the proposed landdisturbing activity.
(7)Proposed structures or additions to existing structures and paved areas.
(8)State waters buffers required by sections 74-43(c)(15) and 74-43(c)(16) of the Code, and the riparian buffers required by sections 74-303(a), 74-303(b), 74-303(c), and 74-303(d) of the Code.
(9)Where applicable, the 2,000 foot Chattahoochee River Corridor as required by O.C.G.A. § 12-5-440 et seq. and set out in section 74-314(b) of the Code, and the allowable limits of impervious surface and land-disturbing activities as specified in accordance with the certificate issued under O.C.G.A. § 12-5-445.
(10)The specified horizontal state waters buffer along designated trout streams (the Chattahoochee River within the city) required by section 74-43(c)(16) of the Code.
(11)Locations of BMPs using coding symbols from the Manual for Erosion and Sediment Control in Georgia.
(12)Detailed maintenance requirements for each BMP.
(13)Information required by the applicable Erosion, Sedimentation and Pollution Control Plan Review Checklist, as may be amended, established by the Commission (currently available at http://www.gaswcc.org) for projects which disturb one acre or more.
(d)Revisions. Revisions or amendments to an approved erosion and sedimentation control plan that may affect a BMP with a hydraulic component shall be certified by a design professional, and subsequently approved by the Department of Watershed Management.
(e)A copy of the approved erosion and sedimentation control plan shall be kept at the site during all land-disturbing activities. (Ord. No. 2004-48, § 3, 8-20-04; Ord. No. 201043(10-O-0808), § 6, 7-27-10; Ord. No. 2019-61(19O-1505), § 1, 11-27-19)
§ 74-41
Inspection and enforcement.
Sec. 74-41. Inspection and enforcement.
(a)The city will periodically inspect the sites of land-disturbing activities for which LDA permits have been issued to determine if the activities are being conducted in accordance with the plan and if the measures required in the plan are effective in controlling erosion and sedimentation. If implementation of the approved plan does not provide for effective erosion control, the owner or operator shall install additional erosion and sedimentation control measures to control or treat the sediment source. The city shall regulate primary, secondary, and tertiary permittees as such terms are defined in the state general permit. Primary permittees shall be responsible for installation and maintenance of best management practices where the primary permittee is conducting land-disturbing activities. Secondary permittees shall be responsible for installation and maintenance of best management practices where the secondary permittee is conducting land-disturbing activities. Tertiary permittees shall be responsible for installation and maintenance of BMPs where the tertiary permittee is conducting land-disturbing activities.
(b)Notice. If, through inspection, it is deemed that a person engaged in land-disturbing activities has failed to comply with the approved plan, LDA permit conditions, or the provisions of this article, an official notice or stop work order shall be served upon that person. The official notice or stop work order shall set forth the measures necessary to achieve compliance and shall state the time within which such measures must be completed. If the person engaged in the landdisturbing activity fails to comply within the time specified in the notice, he or she shall be deemed in violation of this article.
(c)Right of entry. The city shall conduct such investigations it may reasonably deem necessary to carry out duties as prescribed in this article, and for this purpose, to enter at reasonable time upon any property, public or private. for the purpose of investigation and inspecting the sites of land-disturbing activities. This includes the right to enter a property when the city has a reasonable basis to believe that a violation of this article is occurring or has occurred and to enter when necessary for abatement of a public nuisance or correction of a violation of this article.
(d)No person shall refuse entry or access to any authorized representative or agent of the city, the commission, the district, or division who requests entry for the purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out his or her official duties.
(e)The districts or the commission or both may periodically review the actions of the city. The districts or the commission or both may provide technical assistance to the city for the purpose of improving the effectiveness of the city's erosion and sedimentation control program. The districts or the commission may notify the division and request investigation by the division if any deficient or ineffective local program is found.
(f)The division may periodically review the actions of the city, such review may include, but shall not be limited to, review of the administration and enforcement of the city's ordinance and review of conformance with an agreement, if any, between the district and the city. If such review indicates that the city has not administered or enforced its ordinances or has not conducted the program in accordance with any agreement entered into pursuant to O.C.G.A. § 12-7-7(e), the division shall notify the city in writing. The city shall have 90 days within which to take the necessary corrective action to retain certification as an issuing authority. If the city does not take necessary corrective action within 90 days after notification by the division, the division may revoke the certification of the city as an issuing authority. (Ord. No. 2004-48, § 3, 8-20-04; Ord. No. 201043(10-O-0808), § 7, 7-27-10; Ord. No. 2019-61(19O-1505), § 1, 11-27-19)
§ 74-42
Stop work, penalties, and fines.
Sec. 74-42. Stop work, penalties, and fines.
(a)Failure to obtain a permit for landdisturbing activity. No person shall conduct landdisturbing activity that requires an LDA permit in accordance with section 74-39 of this article, and no person shall conduct land-disturbing activity that requires a building permit in accordance with Appendix A, section 103.1 of the city Land Development Code without first obtaining said permit, respectively. Conducting landdisturbing activity without a required permit shall be a violation of this Code. A person that conducts land-disturbing activity in violation of this subsection shall be subject to revocation of its business license, work permit, or other authorization for the conducting of business and associated activities within the jurisdictional boundaries of the city, and shall be subject to an assessment of double the applicable fees in accordance with Appendix A, section 104.2(d) of the city Land Development Code.
(b)Land-disturbing activity stop-work orders; effect. When a land-disturbing activity stop-work order is issued by the city, such stop-work order shall be a final order of the city, shall be effective immediately, and shall apply to all land-disturbing activity on the site, except for necessary corrective action or mitigation, and shall be in effect until such corrective action or mitigation has occurred. Performing land-disturbing activities on a site while subject to a land-disturbing activity stop-work order shall be a violation of this article.
(c)Project-wide stop-work orders; effect. When a project wide stop-work order is issued by the city, such stop-work order shall be a final order of the city, shall be effective immediately and shall apply to all activity on the site, including but not limited to land-disturbing activity, construction, architecture, landscape, electric, plumbing, and any other work at the site, except for necessary corrective action or mitigation, and shall be in effect until such corrective action or mitigation has occurred. Performing activities on a site while subject to a project wide stop-work order shall be a violation of this article.
(d)Notice to comply for first violation of article. Except as otherwise provided in this section, for the first violation of the provisions of this article, the city shall issue an official, written notice to the owner, operator, or person conducting landdisturbing activity. The owner, operator, or person conducting land-disturbing activity shall have three days to correct the violation. If the violation is not corrected within three days, the city shall issue a land-disturbing activity stop-work order. If the violation is not corrected within three days from the issuance of the landdisturbing activity stop-work order, the city shall issue a project wide stop-work order.
(e)Additional violations of article; when stopwork. For a second and for each subsequent violation of the provisions of this article, the city may issue an immediate land-disturbing activity stop-work order. If the violation is not corrected within three days from the issuance of the land-disturbing activity stop-work order, the city may issue a project wide stop-work order.
(f)Stop-work orders not requiring warning. A stop-work order shall be issued immediately by the city for any of the following, which are violations of this Code:
(1)Commencing any land-disturbing activity requiring a land-disturbing activity permit without first obtaining a permit pursuant to section 74-42(a); or
(2)Commencing any land-disturbing activity requiring a land-disturbing activity permit without first conducting a preconstruction meeting with the city pursuant to section 74-43(e); or
(3)If the violation presents an imminent threat to public health or waters of the state pursuant to section 74-43(c)(18); or
(4)If significant amounts of sediment, as determined by the city, have been or are being discharged into state waters pursuant to section 74-43(b)(2); or
(5)Commencing any land-disturbing activity in either the state waters buffer or the riparian buffer that requires either a state buffer variance or an authorized encroachment in accordance with section 74-306 of the Code without first obtaining the required variance or authorized encroachment, pursuant to sections 74-43(c)(15), 74-43(c)(16), or 74-43(d) of the Code; or
(6)Best management practices have not been properly designed, installed, and maintained pursuant to section 74-43(b)(1) of the Code.
(g)Fines and illegal buffer encroachments.
(1)Any person who violates any provisions of this article, or any LDA permit condition or limitation established pursuant to this article or who negligently or intentionally fails or refuses to comply with any final or emergency order of the city or director issued as provided in this ordinance shall be liable for a fine not to exceed $2,500.00 per day. For the purpose of enforcing the provisions of this article, notwithstanding any provisions in any city Charter to the contrary, the city's municipal courts have been authorized by the General Assembly to impose a fine not to exceed $2,500.00 for each violation. Each day during which violation or failure or refusal to comply continues shall be a separate violation.
(2)Any person who violates section 74-43(c)(15) or section 74-43(c)(16) of the Code by performing land-disturbing activities or placing fill or structures within a state waters buffer or a riparian buffer without a state buffer variance or an authorized encroachment in accordance with section 74-306 of the Code shall, in addition to any fine or stop-work order, remove such encroachment and temporarily stabilize any disturbed area in accordance with the Manual for Erosion and Sediment Control. From and after the effective date of this ordinance, the unauthorized placement of fill or structures within a state waters buffer or a riparian buffer shall constitute a nuisance per se and shall be unlawful. The Solicitor or City Attorney is authorized to file such actions as may be necessary to remedy the unauthorized placement of fill or structures within a state waters buffer or riparian buffer, including a petition for a restraining order, injunction, abatement, or any other appropriate legal action or proceeding in a court of competent jurisdiction to prevent, restrain, or abate an unlawful use or activity.
(3)Buffer restoration and revegetation plan required. Any person in violation of section 74-42(h)(2), above, shall submit a buffer restoration and revegetation plan to the city in accordance with the city buffer revegetation guidelines, referenced in section 74-306(d)(3) of the Code, and in accordance with the approved buffer restoration and revegetation plan, the person conducting land-disturbing activity shall restore the buffer with native riparian vegetation. Final sign-off of the land-disturbing activity in accordance with section 74-43(f) of the Code shall be contingent upon implementing the buffer restoration and revegetation plan.
(4)Any fine imposed pursuant to subsections (1) or (2) of this section shall be in addition to any stop-work order issued by the city or the director under his or her authority.
(h)Bond forfeiture. If after official notice, the owner or operator fails to bring the site into compliance with this Article, he or she shall be deemed in violation of this article and, in addition to other fines or penalties, shall be deemed to have forfeited the performance bond set out in section 74-39(b)(5). Upon notice by the city that the bond is forfeited, the bonding company shall bring the site into compliance in accordance with section 74-39(b)(5)(iv). Alternatively, the city may remediate and stabilize the site to bring it into compliance, arid the bonding company shall be responsible for the associated costs up to the amount of the bond.
(i)Liens. Any costs incurred by the city in accordance with section 74-42(h) that are not covered by the performance bond shall be assessed against the property on which the land-disturbing activity occurred and shall constitute a lien on the property if such costs are not paid within 60 days of receipt of notice of such costs. Notice shall be deemed effective within five days of the city mailing or delivering by courier or express mail written notice addressed to the owner(s) as ownership appears on the tax records of Fulton or DeKalb County.
(j)Compliance meetings. In addition to any enforcement mechanism or fine imposed pursuant to section 74-42, the commissioner may invite the owner or operator to a compliance meeting to review the determination that a violation of this article has occurred, and the consequent remedial action(s) to be taken. If the owner or operator and the commissioner can agree to appropriate remedial and preventive measures. such measures and a reasonable compliance schedule shall be incorporated as a supplemental condition of the permit. If an agreement is not reached through this process, the commissioner may institute other enforcement actions in accordance with this ordinance to ensure compliance with the provisions of this article or other laws or regulations.
(k)Show cause hearing. The commissioner may order an owner or operator that causes or contributes to violations of this article to appear before the commissioner and show cause why enforcement actions should not be taken. Notice shall be served on the owner or operator and shall specify the date, time, and location of the hearing., the reasons for this hearing, and proposed enforcement actions.
(l)Consent agreements. The commissioner may enter into a consent order or establish an agreement with the owner or operator responsible for noncompliance. Such orders will include the specific action(s) to be taken by the owner or operator to correct the noncompliance within a time frame specified in the order. Failure of an owner or operator to abide by a consent agreement shall be grounds for further and additional enforcement.
(m)Assessment of damages. When erosion or sedimentation from a land-disturbing activity causes damage or any other impairment to city facilities or property, the commissioner shall assess the expenses incurred by the city to repair damage to the city facilities or property, and any other expenses or damages incurred by the city. The commissioner shall file a claim with the owner, operator, or any other person causing said damages seeking reimbursement for any and all expenses or damages suffered by the city. If the claim is ignored or denied, the commissioner shall notify the city attorney to take such measures as shall be appropriate to recover for any expense or other damages -suffered by the city. (Ord. No. 2004-48, § 3, 8-20-04; Ord. No. 201043(10-O-0808), § 8, 7-27-10; Ord. No. 2019-61(19O-1505), § 1, 11-27-19)
§ 74-43
Minimum requirements for erosion and sedimentation control using best management practices.
Sec. 74-43. Minimum requirements for erosion and sedimentation control using best management practices.
(a)General provisions. Excessive soil erosion and resulting sedimentation can take place during land-disturbing activities. Therefore, plans for those land-disturbing activities which are not excluded by this article shall contain provisions for application of soil erosion and sedimentation control measures and practices. The provisions shall be incorporated into the erosion and sedimentation control plans. Soil erosion and sedimentation control measures and practices shall conform to the minimum requirements of subsection 74-43 of this article. The application of measures and practices shall apply to all features of the site, including street and utility installations, drainage facilities and other temporary and permanent improvements.
Measures shall be installed to prevent or control erosion and sedimentation pollution during all stages of any land-disturbing activity.
(b)Minimum requirements/BMP's.
(1)Best management practices (BMPs) consistent with, and no less stringent than, those practices contained in the Manual for Erosion and Sediment Control in Georgia shall be utilized in accordance with all land-disturbing activities to prevent and minimize erosion and resultant sedimentation, BMPs shall be utilized for the duration of all landdisturbing activities, and shall be properly designed, installed, and maintained in accordance with the Manual for Erosion and Sediment Control in Georgia. Maintenance of all BMPs, whether temporary or permanent, shall be, at all times, the responsibility of the owner or operator. Proper design, installation, and maintenance of BMPs shall constitute a complete defense to any action by the commissioner or to any other allegation of noncompliance with paragraph (2) of this subsection or any substantially similar terms contained in a state general permit for the discharge of stormwater issued pursuant to O.C.G.A. § 12-5-30(f), the 'Georgia Water Quality Control Act'.
(2)A discharge of stormwater runoff from disturbed areas where best management practices have not been properly designed, installed, and maintained shall constitute a separate violation of any land-disturbing activity permit issued by the city or of any state general permit issued by the division pursuant to O.C.G.A. § 12-530(f), the 'Georgia Water Quality Control Act,' for each day on which such discharge results in the turbidity of receiving, waters being increased by more than 25 nephelometric turbidity units (NTUs) for waters supporting warm water fisheries or by more than ten nephelometric turbidity units for waters classified as trout waters. The turbidity of the receiving waters shall be measured in accordance with guidelines to be issued by the direc-tor. This paragraph shall not apply to any land-disturbing activity associated with the construction of single family homes which are not part of a larger common plan of development or sale unless the planned disturbance for such construction. is equal to or greater than five acres.
(3)Failure to properly design, install, or maintain best management practices shall constitute a violation of this Article for each day on which such failure occurs.
(4)The director may require, in accordance with regulations adopted by the board, reasonable and prudent monitoring of the turbidity level of receiving waters into which discharges from land-disturbing activities occur. Compliance with any state requirements are additional requirements of any LDA permit issued by the city pursuant to this article.
(c)The city adopts by reference the rules and regulations, ordinances, and resolutions adopted by the board pursuant to the Erosion and Sedimentation Act of 1975, O.C.G.A. § 12-7-1. et seq., as amended, for the purpose of governing land-disturbing activities, which require, as a minimum, protections at least as stringent as the state general permit, and best management practices, including sound conservation and engineering practices to prevent and minimize erosion and resultant sedimentation, which are consistent with, and no less stringent than, those practices contained in the Manual for Erosion and Sediment Control in Georgia, as well as the following:
(1)BMPs and tree protection fences shall be installed along site boundaries prior to stripping of vegetation, grading, and other land-disturbing activities to minimize erosion and prevent sedimentation;
(2)Cut or fill shall be minimized and tiered retaining walls shall be used to mitigate environmental and visual impacts of grading;
(3)Development plans must conform to natural topography and soil type so as to create the lowest practical need for grading and the consequential erosion potential;
(4)Whenever feasible, natural vegetation shall be retained, protected and supplemented;
(5)The disturbed area and the duration of soil exposure to erosive elements shall be kept to a practicable minimum;
(6)Disturbed soil shall be stabilized as quickly as practicable; provided, however, the following shall apply:
(a)Disturbed areas shall be stabilized using temporary vegetation and. mulch within 14 days of landdisturbing activity, and permanent vegetation shall be used within 30 days of land-disturbing activity;
(b)Disturbed areas related to utility construction shall be stabilized by the close of each business day; and
(c)Slopes greater than 2.5:1 (two and one-half feet horizontal to one foot vertical) shall be permanently stabilized as soon as practicable using erosion control matting and blankets pursuant to the Manual for Erosion and Sediment Control in Georgia, in combination with permanent vegetation;
(7)Temporary vegetation or mulching shall be employed to protect exposed critical areas during development;
(8)Structural erosion control practices shall be installed as soon as practicable;
(9)To the extent necessary, sediment in run-off water must be trapped by the use of debris basins, sediment basins, silt traps, or similar measures until final stabilization in accordance with section 74-43(f) has occurred. BMPs for sediment storage in accordance with this section shall be installed prior to and for the duration of all land-disturbing activities;
(10)Adequate provisions must be provided to minimize damage from surface water to the cut face of excavations or the sloping of fills;
(11)Cut or fill shall not endanger adjoining property; any change in grade shall conform to the following requirements:
(a)No fill shall exceed a 2:1 slope; and
(b)No cut shall exceed a 2:1 slope;
(11.1) The following provisions apply only to the R-1 through R-5 districts:
(a)Imported material. Material that is deposited on-site from fill that is obtained from off-site is limited to 600 cubic yards.
(b)Top of cut slope. The top of cut slope shall be set back at least four feet from any property line.
(c)Toe of fill slope. The toe of fill slope shall be set back at least four feet from any property line.
(d)Prohibition. Fill that is not restrained by a retaining wall shall not be undertaken on any part of a site where the natural slope is steeper than 2:1.
(e)Retaining wall standards. Retaining walls in the buildable area of a site must:
(i)Be set back from the property line at a distance that is at least equal to its height, where the height is measured from the ground level (existing),
(ii)Not exceed a height of six feet, where the height is measured from the ground level (existing), and
(iii)When tiered, the face of each upper retaining wall must be separated from the face of the nearest lower retaining wall by at least a minimum horizontal distance equal in length to the height of the upper retaining wall, where the height of the upper retaining wall is measured from the ground level after any grading has been carried out.
Note: The term (ground level (existing)( is defined in section 74-37 of the Code.
Note: The city Land Development Code contains controls on the construction and use of retaining walls in areas other than the buildable area.
(f)Variations to standards. The commissioner may grant a variation to:
(i)The imported material standards in subsection (11.1)(a) when necessary for restoration of natural grades on a previously developed site (for example, filling a demolished basement), restoration of serious erosion, or environmental restoration, or
(ii)The retaining wall standards set out in subsection (11.1)(e) when literal enforcement of the standard would result in a hardship and no reasonable alternative to the variation of the standard exists.
If an applicant seeks a variation under this section:
(iii)The applicant must provide documentation to support such an application, and
(iv)The commissioner may request reasonable information from an applicant that may include, but is not limited to, a sealed engineering report from a professional engineer, an environmental report, and documentation setting out all reasonable alternatives considered by the applicant.
(12)Fills may not encroach upon natural watercourses or constructed channels in a manner so as to adversely affect other owners;
(13)Grading equipment must cross flowing streams by means of temporary bridges or culverts unless this requirement is waived by the city;
(14)Erosion and sedimentation control plans shall include provisions for treatment or control of any source of sediments and adequate sedimentation control facilities to retain sediments on-site or preclude sedimentation of adjacent waters beyond the levels specified in subsection 74-43(b)(2) of this article;
(15)State waters buffer required by O.C.G.A. § 12-7-6: Except as provided in paragraph (16) of this subsection, there is established a 25-foot buffer along the banks of all state waters, as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action, except where the director determines to allow a variance that is at least as protective of natural resources and the environment, where otherwise allowed by the director pursuant to O.C.G.A. § 12-2-8, or where a drainage structure or a roadway drainage structure must be constructed, provided that adequate erosion control measures are incorporated in the project plans and specifications, and are implemented; or along any ephemeral stream. As used in this provision, the term '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 ground-water table year round; for which ground water is not a source of water; and for which runoff from precipitation is the primary source of water flow. Unless exempted as along an ephemeral stream, the buffers of at least 25 feet established pursuant to part 6 of Article 5, Chapter 5 of Title 12, the )Georgia Water Quality Control Act,) shall remain in force unless a variance is granted by the director as provided in this paragraph. The following requirements shall apply to any such buffer:
a.No person shall conduct landdisturbing activities within a state waters buffer, and a buffer shall remain in its natural, undisturbed state of vegetation until all landdisturbing activities on the construction-site are completed. Once the final stabilization of the site is achieved in accordance with section 74-43(f), a state waters buffer may be thinned or trimmed by hand of vegetation as long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; provided, however, that any person constructing a single-family residence, when such residence is constructed by or under contract with the owner for his or her own occupancy, may thin or trim by hand vegetation in a state waters buffer at any time as long as protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; and
b.The state waters buffer shall not apply to the following land-disturbing activities, provided that they occur at an angle, as measured from the point of crossing, within 25 degrees of perpendicular to the stream; cause a width of disturbance of not more than 50 feet within the buffer; and adequate erosion control measures are incorporated into the project plans and specifications and are implemented:
(1)Stream crossings for water lines; or
(2)Stream crossings for sewer lines;
(16)State Waters trout stream buffer required by O.C.G.A. § 12-7-6: There is established a 50-foot buffer as measured horizontally froze the point where vegetation has been wrested by normal stream flow or wave action, along the banks of any state waters classified as 0trout streams0 pursuant to Article 2 of Chapter 5 of Title 12, the 0Georgia Water Quality Control Act,0 except where a roadway drainage structure must be constructed; provided, however, that small springs and streams classified as trout streams which discharge an average annual flow of 25 gallons per minute or less shall have a 25-foot buffer or they may be piped, at the discretion of the landowner, pursuant to the terms of a rule providing for a general variance promulgated by the board, so long as any such pipe stops short of the downstream landowner's property and the landowner complies with the buffer requirement for any adjacent trout streams. The director may grant a variance from such buffer to allow land-disturbing activity, provided that adequate erosion control measures are incorporated in the project plans and specifications and are implemented. The following requirements shall apply to such buffer:
a.No land-disturbing activities shall be conducted within a state waters trout stream buffer and said buffer shall remain in its natural, undisturbed, state of vegetation until all land-disturbing activities on the construction-site are completed. Once the final stabilization of the site is achieved, a state waters trout stream buffer may be thinned or trimmed by hand of vegetation as long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; provided, however, that any person constructing a single-family residence, when such residence is constructed by or under contract with the owner for his or her own occupancy, may thin or trim by hand vegetation in a state waters trout stream buffer at any time as long as protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed;
b.The state waters trout stream buffer shall not apply to the following landdisturbing activities, provided that they occur at an angel, as measured from the point of crossing, within 25 degrees of perpendicular to the stream; cause a width of disturbance of not more than 50 feet within the buffer; and adequate erosion control measures are incorporated into the project plans and specifications and are implemented:
1.Stream crossings for water lines; or
2.Stream crossings for sewer lines;
(17)The project shall be posted with a sign approved by the commissioner and visible both to the street and site workers to notify the public of this ordinance and city's soil erosion hotline telephone number;
(18)Land-disturbing activities shall not pose an imminent threat to public health or waters of the state. Imminent threats to public health or waters of the state include, but are not limited to, tracking sediment onto a public or private street, encroaching into a state waters buffer, or sedimentation of the municipal separate storm sewer system;
(19)Topsoil, if present, shall be stockpiled and reused on the site to the maximum extent practicable; and
(20)Sedimentation of a watercourse in connection with a land-disturbing activity shall be remediated in accordance with a remedial plan prepared by a design profes-sional and approved by the department. From and after the effective date of this ordinance, sedimentation of a watercourse in connection with a land-disturbing activity shall constitute a nuisance per se and shall be unlawful. The solicitor or city attorney is authorized to file such actions as may be necessary to remedy the sedimentation of a watercourse in connection with a land-disturbing activity, including a petition for a restraining order. injunction, abatement, or any other appropriate legal action or proceeding in a court of competent jurisdiction to prevent, restrain, or abate an unlawful use or activity.
(d)No person shall conduct land-disturbing activity within a riparian buffer without first obtaining an authorized encroachment in accordance with Chapter 74, Article VII of the Code.
(e)No land-disturbing activity shall commence prior to a pre-construction meeting between the city and the person or persons responsible for the installation and maintenance of the erosion and sedimentation control measures. Such meeting shall be held on the site where the landdisturbing activity is to occur.
(f)Final stabilization and final sign-off. Following the completion or cessation of landdisturbing activities at a site, all unpaved areas and areas not covered by permanent structures shall be uniformly covered (100 percent of the soil within the disturbed area) with permanent vegetation with a density of 70 percent or greater, or equivalent permanent stabilization measures, including, but not limited to, rip rap, gabions, permanent mulches, or geotextiles. A final signoff by the department of watershed management shall be required for all projects involving landdisturbing activities, and said sign-off shall occur prior to the issuance of a certificate of occupancy or the recording of any final plat. (Ord. No. 2004-48, § 3, 8-20-04; Ord. No. 201043(10-O-0808), § 9, 7-27-10; Ord. No. 2019-61(19O-1505), § 1, 11-27-19)
§ 74-44
Validity and liability.
Sec. 74-44. Validity and liability.
(a)Validity. If any section, paragraph, clause, phrase, or provision of this article shall be adjudged invalid or held unconstitutional, such decisions shall not affect the remaining portions of this article.
(b)Liability.
(1)Neither the approval of a plan under the provisions of this article, nor the compliance with provisions of this article shall relieve any person from the responsibility for damage to any person or property otherwise imposed by law nor impose any liability upon the city or district for damage to any person or property.
(2)The fact that a land-disturbing activity for which an LDA permit has been issued results in injury to the property of another shall neither constitute proof of nor create a presumption of a violation of the standards provided for in this article or the terms of the LDA permit.
(3)No provision of this article shall permit any persons to violate the Georgia Erosion and Sedimentation Act of 1975, the Georgia Water Quality Control Act or the rules and regulations promulgated and approved there under or pollute any waters of the state as defined thereby.
(Ord. No. 2004-48, § 3, 8-20-04; Ord. No. 201043(10-O-0808), § 10, 7-27-10)
§ 74-45
Administrative appeal and judicial review.
Sec. 74-45. Administrative appeal and judicial review.
(a)Administrative remedy. In the event of any suspension, revocation or modification of any LDA permit, the permit holder shall receive written notice of such action and shall be given the opportunity to show cause why such suspension, revocation or modification should be withdrawn by the city. The city acting by and through its commissioner of watershed management shall review the LDA permit application, the reasons submitted by the permit holder for determining such permit holder not be in violation, and shall issue a decision in writing, if' such decision to suspend, revoke or modify the LDA permit is affirmed, setting forth the reasons for doing so.
(b)Judicial review. Any person aggrieved by such decision, after exhausting his or her administrative remedies, shall have the right to appeal to the Superior Court of the county wherein which such land-disturbing activity occurred or is proposed to occur, for review of such written decision.
(c)Review process. The review process for new LDA permits, as well as that for suspension, modification, and revocation of LDA permits described in this section, will be conducted by the city, unless the district has not reached an agreement with the city which would authorize the city to conduct such review and approval of the plan without referring the application and plan to the district. In the absence of such authorization, review will be conducted by the district. (Ord. No. 2004-48, § 3, 8-20-04; Ord. No. 201043(10-O-0808), § 11, 7-27-10)
§ 74-46
Education and certification.
Sec. 74-46. Education and certification.
(a)Persons involved in land development design, review, permitting, construction, monitoring, or inspection, or in any land-disturbing activities shall meet the education and training certification requirements, dependent on their level of involvement with the process, as developed by the commission in consultation with the division and the stakeholder advisory board created pursuant to O.C.G.A. 12-7-20.
(b)For each site on which land-disturbing activity occurs, each entity or person acting as either a primary, secondary, or tertiary permittee, as defined in the state general permit, shall have, as a minimum, one person who is in responsible charge of erosion and sedimentation control activities on behalf of said entity or person and meets the applicable education or training certification requirements developed by the commission present on site whenever landdisturbing activities are conducted on that site. A project site shall herein be defined as any land-disturbance site or multiple sites within a larger common plan of development or sale permitted by an owner or operator for compliance with the state general permit.
(c)Persons or entities involved in projects not requiring a state general permit but otherwise requiring certified personnel on site may contract with certified persons to meet the requirements of this ordinance.
(d)If a state general permittee who has operational control of land-disturbing activities for a site has met the certification requirements of paragraph (1) of subsection (b) of O.C.G.A. 12-7-19, then any person or entity involved in land-disturbing activity at that site and operating in a subcontractor capacity for such permittee shall meet those educational requirements specified in paragraph (4) of subsection (b) of O.C.G.A. 12-7-19 and shall not be required to meet any educational requirements that exceed those specified in said paragraph. (Ord. No. 2004-48, § 3, 8-20-04; Ord. No. 201043(10-O-0808), § 12, 7-27-10)
§ 74-47
Fees.
Sec. 74-47. Fees.
(a)Where inspections, plan reviews or other administrative or regulatory services are required to ensure compliance with this ordinance, fees shall be collected in accordance with the schedule of fees and charges established by the council from time to time, copies of which shall be kept on file in the office of the municipal clerk and the commissioner.
(b)Land-disturbing activity fee. In addition to any other fee charged in this Code of Ordinances, there is assessed a fee of $40.00 per disturbed acre payable to the city upon application to perform land-disturbing activities. This fee is adopted pursuant to Ordinance 04-O-1209 as required by the State of Georgia pursuant to O.C.G.A. § 12-5-23(5)(a), and the Rules and Regulations for Water Quality Control of the Georgia Department of Natural Resources. This fee shall be collected as a separate and distinct charge for the purposes of administering the implementation of the state general permit, which has been delegated to the city as a local issuing authority pursuant to O.C.G.A. § 12-7-1 et seq. (Ord. No. 2004-48, § 3, 8-20-04; Ord. No. 201043(10-O-0808), § 13, 7-27-10; Ord. No. 2019-61(19O-1505), § 1, 11-27-19)
§ 74-48
Relationship to other laws and regulations.
Sec. 74-48. Relationship to other laws and regulations.
(a)Laws cumulative. The requirements of this article are in addition to the requirements of any other ordinance, rule, regulation or other provision of law.
(b)Conflict with other laws. Where any provision of this ordinance imposes restrictions different from those imposed by any other ordinance, rule, regulation or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control. (Ord. No. 2019-61(19-O-1505), § 1, 11-27-19)
Secs. 74-49—74-100. Reserved.
ARTICLE III. RESERVED* Secs. 74-101—74-128. Reserved.
ARTICLE IV. NOISE CONTROL†
§ 74-129
Title; purpose.
Sec. 74-129. Title; purpose.
(a)This article shall be known and may be referred to as the 1Atlanta Noise Ordinance.1
(b)This section is enacted to protect, preserve and promote the health, safety and welfare of the citizens of City of Atlanta through the control of noise. It is the intent of this section to establish standards that will reduce excessive community noises, which are harmful and *Editor’s note—Ord. No. 2004-56, § 1, adopted Sept. 15, 2004, repealed art. III, §§ 74-101—74-112, in its entirety. Formerly, said article pertained to grading and stormwater management as enacted by Code 1977; as amended. See the Code Comparative Table for a detailed analysis of inclusion.
†Editor’s note—Ord. No. 2017-59(17-O-1555), § 2, approved Oct. 16, 2017, repealed the former art. IV., §§ 74129—74-142, and enacted a new art. IV as set out herein. The former art. IV pertained to similar subject matter and derived from Ord. No. 2004-51, § 1, 8-20-04; Ord. No. 2010-17(10-O-0790), § 1, 5-11-10; Ord. No. 2012-17(12-O0502), § 1, 5-16-12; Ord. No. 2013-03(12-O-0774), §§ 1, 2(Attach. A), 1-31-13.
otherwise detrimental to individuals and to the community in the enjoyment of life and property and in the conduct of business. (Ord. No. 2017-59(17-O-1555), § 2, 10-16-17)
§ 74-131
Prohibited conduct.
Sec. 74-131. Prohibited conduct.
(a)Restrictions of 300 feet for 7:00 a.m. through 11:00 p.m. Sunday through Thursday and 7:00 a.m. through 12:00 midnight on Friday and Saturday.
(1)Mechanical sound-making devices. It is unlawful for any person or persons to play, use, operate, or permit to be played, used, or operated any radio receiving device, television, stereo, musical instrument, phonograph sound amplifier or other machines or devices for the producing, reproducing or amplifying of sound and/or noise at such a volume and in such a manner so as to create, or cause to be created, any noises or sounds which are plainly audible at a distance of 300 feet or more from the building, structure or vehicle, or in the case of real property, beyond the property limits, in which it is located, whichever is farthest, between the hours of 7:00 a.m. and 11:00 p.m. Sunday through Thursday and between the hours of 7:00 a.m. and 12:00 midnight on Friday and Saturday.
(2)Human-produced sounds. It is unlawful for any person or persons to yell, shout, hoot, whistle, or sing on the public streets or sidewalks or on private property so as to create, or cause to be created, any noises or sounds which are plainly audible at a distance of 300 feet or more from the place, building, structure, or in the case of real property, beyond the property limits, in which the person is located, whichever is farthest, between the hours of 7:00 a.m. and 11:00 p.m. Sunday through Thursday and between the hours of 7:00 a.m. and 12:00 midnight on Friday and Saturday.
(3)Commercial advertising. It is unlawful for any person or persons to use, operate, or permit to be used or operated any radio receiving device, musical instrument, phonograph, loud speaker, sound amplifier or other machine or device for the production or reproduction of sound which is cast upon the public streets or other public property for the purpose of commercial advertising or which serves to attract the attention of the public to any building, structure or vehicle in such a manner so as to create, or cause to be created, any noises or sounds which are plainly audible at a distance of 300 feet or more from the source of the sound cast upon the public streets or other public property or from the building, structure, or in the case of real property, beyond the property limits, in which it is located, whichever is farthest, between the hours of 7:00 a.m. and 11:00 p.m. Sunday through Thursday and between the hours of 7:00 a.m. and 12 midnight on Friday and Saturday.
(4)Party noise. It is unlawful for any person or persons in charge of a party or other social event that occurs on any private property to allow that party or social event to produce noise in such a manner that such noise is plainly audible at a distance of 300 feet or more from the building or structure from which the noise is emanating or in the case of real property, beyond the property limits, on which the party or social event is located, whichever is farthest, between the hours of 7:00 a.m. and 11:00 p.m. Sunday through Thursday and between the hours of 7:00 a.m. and 12 midnight on Friday and Saturday. For the purposes of this subsection, a 2person in charge of a party or other social event2 shall mean any adult person who resides in or on the premises involved in such party or social event and is present at such party or social event. For the purposes of this subsection, 2noise2 shall mean the same sounds, or any combination thereof, as described in paragraphs a. or b. above.
(b)Restrictions of 100 feet for 11:00 p.m. through 7 a.m. Sunday through Thursday and 12:00 midnight through 7:00 a.m. on Saturday and Sunday.
(1)Mechanical sound-making devices. It is unlawful for any person or persons to play, use, operate, or permit to be played, used, or operated any radio receiving device, television, stereo, musical instrument, phonograph sound amplifier or other machines or devices for the producing, reproducing or amplifying of sound and/or noise at such a volume and in such a manner so as to create, or cause to be created, any noises or sounds which are plainly audible at a distance of 100 feet or more from the building, structure, or motor vehicle or in the case of real property, beyond the property limits, in which it is located, whichever is farthest, between the hours of 11:00 p.m. and 7:00 a.m. Sunday through Thursday and between the hours of 12:00 midnight and 7:00 a.m. on Saturday and Sunday.
(2)Human-produced sound. It is unlawful for any person or persons to yell, shout, hoot, whistle, or sing on the public streets or sidewalks or on private property so as to create, or cause to be created, any noises or sounds which are plainly audible at a distance of 100 feet or more from the place on public streets and sidewalks, or in the case of private real property, beyond the property limits, on which the person is located, whichever is farthest, between the hours of 11:00 p.m. and 7:00 a.m. Sunday through Thursday and between the hours of 12:00 midnight and 7:00 a.m. on Saturday and Sunday.
(3)Commercial advertising. It is unlawful for any person or persons to use, operate, or permit to be used or operated any radio receiving device, musical instrument, phonograph, loud speaker, sound amplifier or other machine or device for the production or reproduction of sound which is cast upon the public streets or other public property for the purpose of commercial advertising or which serves to attract the attention of the public to any building, structure or vehicle in such a manner so as to create, or cause to be created, any noises or sounds which are plainly audible at a distance of 100 feet or more from the source of the sound cast upon the public streets or other public property or from the building, structure, or in the case of real property, beyond the property limits, in which it is located, whichever is farthest, between the hours of 11:00 p.m. and 7:00 a.m. Sunday through Thursday and between the hours of 12:00 midnight and 7:00 a.m. on Saturday and Sunday.
(4)Party noise. It is unlawful for any person or persons in charge of a party or other social event that occurs on any private property to allow that party or event to produce noise in such a manner so as to such noise is plainly audible at a distance of 100 feet or more from the building or structure from which the party noise is emanating or in the case of real property, beyond the property limits, on which the party or social event is located, whichever is farthest, between the hours of 11:00 p.m. and 7:00 a.m. Sunday through Thursday and between the hours of 12:00 midnight and 7:00 a.m. on Saturday and Sunday. For the purposes of this subsection, a 3person in charge of a party or other social event3 shall mean any adult person who resides in or on the premises involved in such party or social event and is present at such party or social event. For the purposes of this subsection, 3noise3 shall mean the same sounds, or any combination thereof, as described in paragraphs a. or b. above.
(c)Restrictions for areas within apartments, condominiums, townhouses, duplexes, or other such residential dwelling units. Except for persons within commercial enterprises that have an adjoining property line or boundary with a residential dwelling unit, it is unlawful for any person to make, continue, or cause to be made or continued any noise in such a manner as to be plainly audible to any other person a distance of five feet beyond the adjoining property line wall or boundary of any apartment, condominium, townhouse, duplex, or other such residential dwelling units with adjoining points of contact. For the purposes of this subsection, 3noise3 shall mean human-produced sounds of yelling, shouting, hooting, whistling, singing, or mechanicallyproduced sounds made by radio-receiving device, television, stereo, musical instrument, phonograph sound amplifier or other machines or devices for the producing, reproducing, or amplifying of sound, or any combination thereof. For the purposes of this subsection, 3property line or boundary3 shall mean an imaginary line drawn through the points of contact of (1) adjoining apartments, condominiums, townhouses, duplexes or other such residential dwelling units with adjoining points owned, rented, or leased by different persons; or (2) adjoining common areas or adjoining exterior walls. Said property line or boundary includes all points of a plane formed by projecting the property line or boundary including the ceiling, the floor, and the walls. (Ord. No. 2017-59(17-O-1555), § 2, 10-16-17)
§ 74-132
Exclusions.
Sec. 74-132. Exclusions.
The prohibitions of this article shall not apply to the following:
(a)The generation of noise by public safety vehicles, emergency signaling devices, or authorized public safety personnel performing their public functions.
(b)Noise from an exterior burglar alarm of any building, or from any automobile alarm, provided such alarm shall terminate its operation within 15 minutes of its activation.
(c)The generation of noise in the performance of any work or action necessary to deliver essential services including, but not limited to, water or sewer projects, and other related public works projects; repairing gas, electric, telephone, and/or public transportation facilities; removing fallen trees on public rights-of-way; or abating emergency conditions threating the public health, safety or general welfare.
(d)Noise from snow blowers, snow throwers, and snowplows.
(e)Noise generated from celebrations, outdoor festivals, and/or municipally sponsored or approved events which were approved by contract, permit or otherwise.
(f)Noises resulting from the operation of the Hartsfield-Jackson Atlanta International Airport.
(g)Any noise resulting from activities of a temporary duration, for which a permit for temporary variance has been granted pursuant to this article, and which conforms to the conditions and limits stated in the variance and reasonably related activities.
(h)Noises resulting from any event sponsored by, associated with, or approved by a recognized institution of learning.
(i)Noises that result from or arise out of or stem from the occurrence of a professional sporting event or organized sports league.
(j)Noises and/or sounds caused to be made by manufacturing, governmental, or commercial entities in the normal course of their business.
(k)Any noise arising out of construction, maintenance, repair or renovation activities related to the Metropolitan Atlanta Rapid Transit Authority (MARTA) bus or rail system, or the city's streetcar system, or other mass transit systems.
(1)MARTA and/or the city will develop and implement procedures by which NPUs affected by construction or planned maintenance activities will be notified prior to the commencement of work.
(2)MARTA and/or the city will develop and implement procedures by which any complaints of excessive noise created by construction or planned maintenance activities and reported by citizens to MARTA are available for review by interested citizens or members of the city council.
(3)MARTA and/or the city will develop and implement procedures by which contractors conducting planned maintenance or implementing new construction on the MARTA bus or rail system, or the city's streetcar system, or other mass transit systems will be monitored so as to ensure that all work is performed in a manner that will result in the creation of the least amount of noise disturbance.
(Ord. No. 2017-59(17-O-1555), § 2, 10-16-17)
§ 74-133
Time restrictions on landscape
Sec. 74-133. Time restrictions on landscape maintenance motorized devices.
It is unlawful for any person to use or operate any noise-generating, motorized landscape maintenance devices, including but not limited to leaf blowers, lawn mowers, or chainsaws, any single-family residential, two-family residential, multi-family residential, or mixed-use zoning district or in areas within 300 feet of any singlefamily residential, two-family residential, multifamily residential, or mixed-use zoning district from 8:00 p.m. to 8:00 a.m. (Ord. No. 2017-59(17-O-1555), § 2, 10-16-17; Ord. No. 2018-34(18-O-1414), § 1, 8-29-18)
§ 74-134
Construction noise; loading and unloading activity.
Sec. 74-134. Construction noise; loading and unloading activity.
(a)Construction noise that does not otherwise qualify under any of the exclusions listed in 74-132 shall comply with the following: between the hours of 8:00 p.m. and 7:00 a.m. the following day on a weekday or between 8:00 p.m. and 9:00 a.m. on a weekend day or legal holiday, construction noise of any type including but not limited to, noise caused by the erection (including excavation), demolition, alteration, or repair of any building, as well as the operation of any earth-moving equipment, crane, saw, drill, pile driver, steam shovel, pneumatic hammer, hoist, automatic nailer or stapler, or any similar equipment, shall not be plainly audible within any single-family residential, two-family residential, or multi-family residential zoning district more than 100 feet beyond the property boundary of the property from which the noise emanates; provided that between the hours of 7:00 a.m. (or 9:00 a.m. on a weekend day or legal holiday) and 7:00 p.m., the prohibitions of this article shall not apply to construction noise.
(b)Noise related to the standing of trucks or other vehicles on a street for the purpose of loading or unloading, and noise related to such loading or unloading that does not otherwise qualify under any of the exclusions listed in 74-132 shall comply with the following: between the hours of 8:00 p.m. and 7:00 a.m. the following day, shall not be plainly audible within any single-family residential, two-family residential, multi-family residential, or mixed-use zoning district more than 100 feet beyond the source from which the noise emanates; provided that between the hours of 7:00 a.m. and 8:00 p.m., the prohibitions of this article shall not apply to noise as described in this subsection. The restrictions described in this subsection shall not apply to noise generated by the standing of any interstate bus on a street for the purpose of loading and unloading passengers. (Ord. No. 2017-59(17-O-1555), § 2, 10-16-17; Ord. No. 2018-34(18-O-1414), § 2, 8-29-18)
§ 74-135
Conditions for permits for temporary variance; notice of approval or denial; hearings and appeals.
Sec. 74-135. Conditions for permits for temporary variance; notice of approval or denial; hearings and appeals.
(a)Any person who owns the real property from which a noise source emanates or operates any noise source may, with the permission of the owner, apply with a designee of the commissioner of the department of city planning for a temporary variance from one or more of the provisions of this article, unless such noise source is specifically exempted according to the provisions of section 74-132. This application, and the procedures for completing this process, shall be posted on the City of Atlanta's website. Failure to supply the information required thereby be cause for rejection of the application. Applica-tions for a permit of temporary variance shall supply information including, but not limited to:
(1)The nature and location of the noise source for which such application is made;
(2)The reason for which the permit of temporary variance is requested, including the hardship that will result to the applicant, his/her client, or the public if the permit of temporary variance is not granted;
(3)The section or sections of this article for which the permit of temporary variance shall apply;
(4)A description of interim noise control measures to be taken for the applicant to minimize noise and the impacts occurring from the noise for which the variance is sought; and
(5)A specific schedule of the noise control measures that shall be taken to bring the source into compliance with this article within a reasonable time; and
(6)An affidavit stating that notice has been provided to the department of city planning for transmission to the NPU and the councilmembers (district and atlarge) for the council district and council post where the variance is to be operational.
(b)The applicant shall pay a fee of $25.00 to cover expenses resulting from the processing of the application for a permit of temporary variance.
(c)Any permit of temporary variance shall be effective no longer than 14 days. Any person holding a permit of temporary variance may request an extension of time through the process for applying for a new permit of temporary variance according to the provisions of this section.
(d)The designee of the commissioner of the department of city planning shall notify the applicant in writing of his or her determination on the application within 14 days after receipt of the application. This notification shall inform the applicant of whether a permit for temporary variance has been approved or denied; and, if approved, shall set forth the location, dates and times of temporary variance.
(e)The permit of temporary variance may be revoked by the designee of the commissioner of the department of city planning if the terms of the permit of temporary variance are violated.
(f)In the event a permit for temporary variance shall be denied, or revoked, the aggrieved applicant shall have the right to a hearing before the commissioner of the department of city planning, or a hearing officer appointed by the commissioner of the department of city planning for that purpose, provided that the request for such hearing is made to the department of city planning within five days after receipt of the notice. Notices that are given only by mail shall be presumed to have been received three days after the mailing. Notices given in person, handdelivered to the address of the applicant or sent by facsimile transmission or electronic mail shall be presumed to have been delivered on the date given or sent.
(1)Hearings contesting the matters in the notice shall be held before the commissioner of the department of city planning or the hearing officer, shall be informal, and shall be scheduled within five business days after receipt of the request for a hearing by the department of city planning. The hearing may be continued at the request of the applicant or to allow the attendance of any necessary party or witness, but only from day to day. The determination on such hearing shall be made at the conclusion of the hearing, and the commissioner of the department of city planning or the designee shall issue a written determination within one business day thereafter, which determination shall affirm or reverse the original decision.
(2)The hearing under this section shall be de novo and shall be informal. Such hearing shall evaluate the original decision and the application in accordance with the criteria of this article.
(3)The written determination of the commissioner of the department of city planning or the designee upon the conclusion of the hearing as provided in this section shall be the final decision of the city in the matter, and such a determination shall be subject to review by the Superior Court of Fulton County via a writ of certiorari.
(Ord. No. 2017-59(17-O-1555), § 2, 10-16-17; Ord. No. 2018-34(18-O-1414), § 3, 8-29-18)
§ 74-136
Commercial entities near single-family residential, twofamily residential, and multifamily residential zoning districts; commercial entities near mixed-use zoning districts.
Sec. 74-136. Commercial entities near single-family residential, twofamily residential, and multifamily residential zoning districts; commercial entities near mixed-use zoning districts.
(a)Notwithstanding any provisions of this section concerning noises and/or sounds caused to be made by commercial entities in the normal course of their business, the provisions and prohibitions of section 74-131, 4Prohibited Conduct,4 subparagraph (a), concerning 4Restrictions of 300 feet for 7:00 a.m. through 11:00 p.m. Sunday through Thursday and 7:00 a.m. through 12:00 midnight on Friday and Saturday4 and its subparts 1. through 3. shall apply to noises and/or sounds generated by a commercial entity that are plainly audible within any single-family residential, two-family residential, or multifamily residential zoning district more than 300 feet beyond the property boundary of the property from which the noises and/or sounds emanate.
(b)Notwithstanding any provisions of this section concerning noises and/or sounds caused to be made by commercial entities in the normal course of their business, the provisions and prohibitions of section 74-131, 4Prohibited Conduct,4 subparagraph (b), concerning 4Restrictions of 100 feet for 11:00 p.m. through 7:00 a.m. Sunday through Thursday and 12:00 midnight through 7:00 a.m. on Saturday and Sunday,4 and its subparts 1. through 3. shall apply to noises and/or sounds generated by a commercial entity that are plainly audible within any single-family residential, two-family residential, or multi-family residential zoning district more than 100 feet beyond the property boundary of the property from which the noises and/or sounds emanate.
(c)Notwithstanding any provisions of this section concerning noises and/or sounds caused to be made by commercial entities in the normal course of their business, the provisions and prohibitions of section 74-131, 5Prohibited Conduct,5 subparagraph (a), concerning 5Restrictions of 300 feet for 7:00 a.m. through 11:00 p.m. Sunday through Thursday and 7:00 a.m. through 12:00 midnight on Friday and Saturday5 and its subparts 1. through 3. shall apply to noises and/or sounds generated by a commercial entity that are plainly audible within any mixed-use zoning district more than 500 feet beyond the property boundary of the property from which the noises and/or sounds emanate.
(d)Notwithstanding any provisions of this section concerning noises and/or sounds caused to be made by commercial entities in the normal course of their business, the provisions and prohibitions of section 74-131, 5Prohibited Conduct,5 subparagraph (b), concerning 5Restrictions of 100 feet for 11:00 p.m. through 7:00 a.m. Sunday through Thursday and 12:00 midnight through 7:00 a.m. on Saturday and Sunday,5 and its subparts 1. through 3. shall apply to noises and/or sounds generated by a commercial entity that are plainly audible within any mixed-use zoning district more than 300 feet beyond the property boundary of the property from which the noises and/or sounds emanate. (Ord. No. 2017-59(17-O-1555), § 2, 10-16-17; Ord. No. 2018-34(18-O-1414), § 4, 8-29-18)
§ 74-137
Penalties.
Sec. 74-137. Penalties.
(a)Any person violating the provisions of this article shall be punished as provided by section 1-8.
(b)Each day during which any violation occurs shall constitute an additional, separate, and distinct offense. (Ord. No. 2017-59(17-O-1555), § 2, 10-16-17)
Secs. 74-138—74-160. Reserved.
ARTICLE V. NUISANCES*
§ 74-161
Jurisdiction to abate.
Sec. 74-161. Jurisdiction to abate.
(a)Summary abatement. Any judge of the municipal court or the mayor or designee shall have the power to order the removal and abatement, without hearing, of those things which are declared either by the common or by the statute law to be nuisances, or which are nuisances per se and from their nature indisputably are so.
(b)Service of notice to abate. Any requirement of service of notice to abate a nuisance, which may be summarily abated, may be complied with by the mailing of such notice by registered mail to the last-known address of the person so to be notified.
(c)Service on complaint to abate a nuisance. On the hearing of any complaint before a judge of the municipal court concerning a nuisance and removal and abatement, reasonable notice by personal service shall be given to the parties interested, the owner or occupant of the premises where the alleged nuisance is taking place, or upon the person causing the nuisance, of the time and place of the hearing upon the complaint.
(d)Persons authorized to perform the removal or abatement of nuisances. After a nuisance has been ordered to be abated or removed, as provided in this section, it may be removed or otherwise abated by any employee designated by the mayor. (Code 1977, § 17-9001)
§ 74-162
Collection by execution of cost of abatement of nuisance.
Sec. 74-162. Collection by execution of cost of abatement of nuisance.
Where any person ordered to do any work for the purpose of abating a nuisance has failed or refused to do that work, and the work has been done by the employees of the city, the cost thereof may be collected by execution against that person and that person's property. Each execution shall be prepared by the department charged with the duty of abating or removing the nuisance, shall be signed by the clerk of the council and shall be *Cross reference—Offenses and miscellaneous provisions, ch. 106.
Land development code reference—Nuisance in or around buildings, § 17-9013.
delivered to the revenue collection administrator, ex officio marshal, for collection as other executions are collected. (Code 1977, § 17-9002)
§ 74-163
Refusal to comply with an order to abate a nuisance.
Sec. 74-163. Refusal to comply with an order to abate a nuisance.
The failure or refusal of a person ordered to abate a nuisance after a hearing, or upon a summary abatement, shall, in addition to subjecting the person to punishment for contempt if the order is issued by the judge of the municipal court, constitute an offense which, upon conviction, shall be punished as provided in section 1-8. Each day's failure or refusal to comply with the order, after the expiration of the time allowed in which to remove or abate the nuisance, shall constitute a separate offense. (Code 1977, § 17-9003)
§ 74-164
Abandoned iceboxes, refrigerators, vehicles, similar devices.
Sec. 74-164. Abandoned iceboxes, refrigerators, vehicles, similar devices.
It shall be a nuisance per se and shall be unlawful for any person to have in that person's possession or under that person's control upon any premises owned or occupied by that person, which premises are frequented by or accessible to children for playing or other purposes, the following items:
(1)Any icebox, refrigerator or similar device, abandoned or not being put to the use for which it was intended, which is equipped with any lock or locking device by which the door on such icebox, refrigerator or similar device, when closed, cannot be opened from the inside, or which impedes or makes more difficult the opening of the door from the inside thereof; or
(2)Any motor vehicle, abandoned or not being put to the use for which it was intended, which is equipped with any lock or locking device by which the windows or doors on the vehicle, when closed, cannot be opened from the inside, or which impedes or makes more difficult the opening of the door from the inside thereof.
(Code 1977, § 17-9004)
State law reference—Abandoned containers, O.C.G.A. § 16-11-100.
§ 74-165
Disposal of fecal matter, dead animals, tainted meat, waste, similar matter.
Sec. 74-165. Disposal of fecal matter, dead animals, tainted meat, waste, similar matter.
It shall constitute a nuisance per se and shall be unlawful to place or throw or cause another to place or throw, in or upon any street, or public or private property of another, any dead bird or animal, tainted meat, decayed fruits or vegetables, human or other excrement. Nothing contained in this section shall prohibit the discharge of human excrement into the sewer system of the city, or the placing of the objects named in this section in suitable containers at curbside for garbage pickup. (Code 1977, § 17-9005)
§ 74-166
Obstruction of natural flow of water.
Sec. 74-166. Obstruction of natural flow of water.
Any person who shall, by the erection of a dam or other obstruction, prevent the natural flow of water, causing it to collect in pools upon any lot or in any street or alley, or who shall allow any such dam or obstruction to continue on any property owned or controlled by such person, after knowledge of its existence, or who shall do or cause to be done any work the effect of which will be to cause the damming up or collection of water in pools, shall be guilty of the offense of maintaining a nuisance, and such action shall be unlawful; provided, however, that this section shall not prevent persons owning or controlling property from filling up such lots as they may desire, if sufficient drainage is provided across such lots for such natural flow; provided, further, that this section shall not prevent such change of the grade of any street as may be for the public interest. (Code 1977, § 17-9008)
§ 74-167
Pollution of water.
Sec. 74-167. Pollution of water.
It shall constitute a nuisance and shall be unlawful for any person to commit the following acts:
(1)To keep a slaughterhouse, pen or stockyard on any real estate within the city which drains into the public water supply.
(2)To knowingly dispose of waste or rubbish directly into an open or flowing body of water.
(Code 1977, § 17-9009)
Cross reference—Water, § 154-51 et seq.
§ 74-168
Storage of odorous commodities.
Sec. 74-168. Storage of odorous commodities.
It shall be unlawful and shall constitute a nuisance to keep uncured hides or other odorous commodities to the annoyance of any citizen or to keep such within 300 yards of the dwelling or place of business of any citizen of the city. (Code 1977, § 17-9010)
§ 74-169
Obnoxious gases or odors.
Sec. 74-169. Obnoxious gases or odors.
It shall constitute a nuisance and shall be unlawful for any person to burn in any furnace, grate, boiler, fireplace or upon any open land within the limits of the city any substance containing rubber, zinc, lead, sulfuric acid or any other substance which emits poisonous or obnoxious gases, fumes or smoke. This section shall not be construed so as to prohibit the burning of those substances within an enclosed structure and provided those gases, fumes or smoke are not allowed to escape from the enclosure in which those substances are burned in a state which would pollute the air or is harmful or injurious to the health and welfare of the citizens of the city. (Code 1977, § 17-9011)
§ 74-170
Wells, cisterns, pits, holes.
Sec. 74-170. Wells, cisterns, pits, holes.
(a)The maintaining upon the premises by the owner or any person occupying such premises of wells, cisterns, pits and other holes in the earth where such are not securely covered or enclosed shall constitute a nuisance, and it shall be the duty of all persons owning or occupying those premises within the city to keep those wells, cisterns, pits and other holes in the earth on such premises securely covered or enclosed, so as to prevent injury therefrom to the person or property of others. Any person suffering or allowing those openings to be or remain open, unenclosed or otherwise so exposed as to be dangerous to the person or property of others, after being notified by an officer of the city to remedy that condition, shall be guilty of an offense and shall be punished as provided in section 1-8.
(b)Old and unused wells shall be filled by the owners or agents in charge of the property upon which the wells are located. It shall be the duty of the director, bureau of sanitary services to see that this is done as follows: Written notice shall be served personally upon the owner or agent to fill any such well, and upon the failure of any person notified to do so, the person shall be summoned before the judge of the municipal court and upon conviction for such failure shall be punished as provided for in section 1-8. (Code 1977, § 17-9012)
See. 74-171. Buildings used to sell or dispose of illegal controlled substances.
(a)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:
Conviction means legal adjudication of guilt in a court having jurisdiction and the exhaustion of all direct appeals.
Drug crime means an act which is a violation of O.C.G.A. tit. 16, ch. 13, art. 2 (O.C.G.A. § 16-13-20 et seq.) known as the Georgia Controlled Substances Act.
Dwelling unit means any portion of a building used, intended or designed as a separate abode and used, intended or designed for living, sleeping, cooking and eating therein.
Dwellings, buildings or structures means any building or structure or part thereof used and occupied for human habitation or commercial, industrial or business uses, or intended to be so used, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith and also includes any building or structure of any design.
Occupied means any person living in, using or having legal possession of a dwelling, except that a temporary guest or a trespasser shall not be considered an occupant.
Owner means any person or persons having any individual, joint or common title or interest in real property defined by the laws of the state as a legal or equitable estate or interest.
Tenant means one who occupies lands or the premises of another in subordination to that other’s title, and with such other person’s assent, express or implied.
(b)Nuisance declared. The city finds that the sale and purchase of illegal controlled substances is being conducted in certain buildings, structures and dwellings in the city, creating a source of illegal criminal activity which endangers the public health, safety and welfare of the citizens of the city. Therefore, buildings, structures and dwelling units where illegal drugs are being sold, stored or used are declared a public nuisance.
(c)Abatement. Where a house, dwelling unit, building or structure is vacant, dilapidated and more than 50 percent deteriorated and where a report is made by the police department or any law enforcement agency, or by five or more residents of the city, that illegal drugs are being sold, stored or used in such house, dwelling unit, building or structure, the chief of police shall notify the commissioner of housing and/or the commissioner of planning and development of such reports, and such commissioner shall proceed to exercise those procedures set out in sections 30 through 33 of the city housing code and O.C.G.A. §§ 41-2-7—41 2-17 to have the building demolished or to otherwise abate the public nuisance.
(d)Notice.
(1)Where a house, dwelling unit, building or structure is vacant but less than 50 percent deteriorated or occupied and being used for illegal drug activity, the chief of police, upon the chiefs own initiative, or after receiving five complaints from residents, shall serve a cease and desist notice upon the owners and tenants of the house, dwelling unit, building or structure informing such owner or tenant that such property may be subject to seizure if the illegal drug activity does not cease. Such notice shall be in substantially the form as exhibit A, attached to the ordinance from which this section is derived.
(2)Upon the first conviction of illegal drug activity from a house, dwelling unit, building or structure, the chief of police will serve a second cease and desist notice and inform the owner and tenant that upon three convictions, the property will be referred to municipal court for abatement of the nuisance, which may result in seizure of the property. Such notice shall be in substantially the form as exhibit B, attached to the ordinance from which this section is derived.
(3)Upon two convictions, the chief of police will refer the case to the solicitor, who shall serve a letter of notice of intent to declare the property a public nuisance in municipal court and seek to abate the public nuisance. Such notice shall be in substantially the form as exhibit C, attached to the ordinance from which this section is derived.
(4)Upon three convictions, the solicitor will file a complaint in municipal court to abate the nuisance and cause to be served upon the owner, tenant and/or occupant of the building a rule nisi requiring the owner, tenant and/or occupant to show cause on a date certain why the nuisance should not be abated.
(e)Remedy. In abating the public nuisance, the municipal court may order:
(1)That the property be vacated if the building, structure or dwelling is 50 percent deteriorated.
(2)That the property be voluntarily vacated by a date certain if the building is less than 50 percent deteriorated.
(3)That a landlord initiate dispossessory proceedings to evict tenants engaged in illegal drug activity.
(4)That the property be voluntarily demolished if the building, structure or dwelling is 50 percent deteriorated.
(5)That the property be involuntarily demolished if the building, structure or dwelling is 50 percent deteriorated.
(6)That the property be voluntarily cleaned and closed where it is less than 50 percent deteriorated.
(7)That the property be involuntarily cleaned and closed where it is less than 50 percent deteriorated.
(8)That the property be voluntarily transferred to the City of Atlanta/Fulton County land bank authority, provided that the land bank authority agrees to abate the nuisance.
(9)That the property be referred by the chief of police to the United States attorney for possible forfeiture pursuant to 21 USC 881.
(10)Any other remedy deemed appropriate in abating nuisances in the state.
(f)Exceptions.
(1)Those buildings, dwelling units and structures that are subject to the city’s historic preservation ordinance, shall be exempt from this section to the extent that demolition is authorized.
(2)Those buildings which have been granted a nonconforming use pursuant to the zoning ordinance of the city shall not lose such nonconforming use while the property is subject to the process authorized by this section.
(3)Public property such as that owned by the city housing authority is exempt from this section only to the extent that seizure of the property is authorized.
(Code 1977, § 17-9016)
§ 74-172
Junked motor vehicles.
Sec. 74-172. Junked motor vehicles.
(a)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:
Junked motor vehicle means any vehicle which is self-propelled, which is without current registration and license tag and inspection sticker, and which is one or more of the following:
(1)Wrecked;
(2)Dismantled;
(3)Abandoned;
(4)Partially dismantled; or
(5)Inoperative.
(b)Nuisance declared. It shall be unlawful for the owner or occupant of any lot, tract, parcel of land or premises in the city to suffer, permit or allow any junked motor vehicle to be parked, let or maintained thereon; and it shall be unlawful for any person to cause or maintain such a junked motor vehicle on the real property of another. The presence of such a junked motor vehicle shall constitute a public nuisance per se, except that it shall not be a nuisance to maintain, in an otherwise lawful manner:
(1)Any motor vehicle in an enclosed building;
(2)Any motor vehicle on the premises of a business enterprise operated in a lawful manner, when necessary to the operation of such business enterprise; or
(3)Any motor vehicle on property occupied and used for repair, reconditioning and remodeling of motor vehicles in conformance with the zoning ordinances of the city.
(c)Exception. Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under other provisions of law.
(d)Section not exclusive. This section is not the exclusive regulation within the city. It shall be supplemental and in addition to the other regulatory statutes and ordinances heretofore or hereafter enacted by the city, the state or any other legal entity or agency having jurisdiction.
(e)Notice. Except in circumstances where the public health and safety require an immediate hearing before the municipal court as set forth in subsection (f) of this section, the commissioner of public works shall give written notice to the owner of the vehicle or the person in possession, charge or control of the real property affected, that, in the opinion of the commissioner, a public nuisance exists. Such notice shall be deemed adequate when attached to the vehicle so as to be visible to persons outside the vehicle. Such notice shall state that action to eliminate the nuisance is requested within the number of days specified in the notice, and shall further state that, if such action is not taken within the time specified, summons will be issued requiring the party notified to appear in the municipal court to have there determined whether a nuisance exists and should be abated.
(f)Hearing. If the commissioner of public works shall determine that such a nuisance exists on any property within the city, it shall be the duty of the commissioner to issue summons to the owner of the real property affected, persons in possession of the real property affected, and to the last registered and legal owner of record of the junked motor vehicle unless identification numbers are not available to determine ownership, to appear before a judge of the municipal court, as provided in O.C.G.A. § 41-2-5 to determine whether a nuisance exists and should be abated.
(g)Service. Summons or complaints issued in accordance with subsection (f) of this section shall, in all cases, be served upon owners and persons in possession of such real property, and owners of the junked motor vehicle whose identity is known; and the return of service signed by the public officer or agent or an affidavit of service executed by a duly authorized citizen of this state reciting that a copy of such complaint or orders was served upon such person personally or by leaving such copy at the place of such person’s residence shall be sufficient evidence as to the service of such person in possession, owners and parties in interest.
(1)If any of the owners and parties in interest shall reside out of the city, service shall be perfected by causing a copy of such summons or complaint to be served upon such party or parties by the sheriff or any lawful deputy of the county of the residence of such party or parties or such service may be made by any citizen; and the return of such sheriff or lawful deputy or the affidavit of such citizen that such party or parties were served either personally or by leaving a copy of the complaint or orders at the residence shall be conclusive as to such service.
(2)Nonresidents of the state shall be served by publishing the same once each week for two weeks in a newspaper printed and published in the city. A copy of such complaint or summons shall be posted in a JOBNAME: No Job Name PAGE: 97 SESS: 2 OUTPUT: Fri Sep 20 12:44:50 2002 /first/pubdocs/mcc/2/10376_takes conspicuous place on the property affected by the complaint or summons. A copy of such complaint or summons will also be filed in the proper office or offices for the filing of lis pendens notices in the county in which the property is located, and such filing of the summons or complaint shall have the same force and effect as other lis pendens notices provided by law. Where the address of such nonresidents is known, a copy of such complaint or orders shall be mailed to such nonresidents by registered or certified mail.
(3)If either the owner or any party in interest is a minor or an insane person or person laboring under disabilities and the guardian or personal representative resides outside the city in this subsection or is a nonresident, such person shall be served as provided in this subsection in such cases. If such minor or insane person or person laboring under disabilities has not guardian or personal representative or if such minor or insane person lives outside of the city or is a nonresident, service shall be perfected by serving such minor or insane person personally or by leaving a copy at the place of such person's residence, which shall be sufficient evidence as to the service of such person; in the case of other persons who live outside of the city or who are nonresidents, service shall be perfected by serving the judge of the probate court of the county wherein such property is located, who shall stand in the place of and protect the rights of such minor or insane person or appoint a guardian ad litem for such persons.
(4)If the whereabouts of any owner or party in interest are unknown and the same cannot be ascertained by the public officer in the exercise of reasonable diligence, and the public officer shall make an affidavit to that effect, then the service of such complaint or summons upon such persons shall be made in the same manner as provided for nonresidents of the state as set out in this section, or service may be perfected upon any person holding itself out as an agent for the property involved.
(h)Failure to abate. If, upon a hearing as provided for in this section, a judge of the municipal court shall find that a nuisance exists, and further orders any party to abate such nuisance within a specified time, then each ten days that the nuisance is maintained subsequent to the expiration of the time fixed in the judgment shall constitute an offense.
(i)Abatement by city. If the nuisance, as adjudged by the municipal court, is not abated as ordered within ten days from the date of such adjudication, then the commissioner of public works is authorized to remove any junked motor vehicle from the property in question. The cost to the city of this abatement shall be charged to parties adjudged responsible for such nuisance abatement. If the owner of the real property affected has been adjudged responsible for abatement, and the charges remain unpaid for a period of 30 days after payment is due, the mayor or designee shall cause an execution to be issued against the owner of the property for those charges. The execution shall be a lien on the property and, when recorded in the general execution docket of the county, shall be a lien on all property of the defendant in execution from the date of such recording. (Code 1977, §§ 9-6001(10), 9-6031, 9-6032, 179015)
State law reference—Abandoned motor vehicles, O.C.G.A. § 40-11-1 et seq.
§ 74-173
Unclean vacant lot.
Sec. 74-173. Unclean vacant lot.
(a)Nuisance declared. It shall be unlawful for the owner of a vacant lot, tract, or parcel of land in the city to permit the accumulation of trash and other refuse upon said property to the extent that it endangers the public health, safety or welfare. The accumulation of such trash and other refuse shall constitute a public nuisance per se.
(b)Notice to owner to remedy condition. Except in urgent circumstances where the public health and safety require an immediate hearing within the municipal court as set forth in subsection (c) of this section, the commissioner of public works JOBNAME: No Job Name PAGE: 98 SESS: 2 OUTPUT: Fri Sep 20 12:44:50 2002 /first/pubdocs/mcc/2/10376_takes shall give written notice to the owner, or the person in charge or control of such property stating that in the opinion of the commissioner the conditions existing upon that property constitute a nuisance, setting forth action to be taken to eliminate the objectionable conditions, and requesting that it be made within the number of days specified in the notice. The notice shall further state that unless objectionable conditions are voluntarily removed within the time specified it will be the duty of the commissioner to cause summons to be issued requiring the party notified to appear in the municipal court to have there determined whether the conditions involved constitute a nuisance and should be abated.
(c)Court of appearance. If the commissioner of public works shall determine that conditions constituting a nuisance exist on any property within the city, it shall be the duty of the commissioner to issue summons to the owner of the property, persons in possession, and all parties in interest, to appear before the judge of the municipal court as provided by O.C.G.A. § 41-2-5 to determine whether or not such conditions constitute a nuisance and should be abated.
(d)Hearing; failure to comply with order to abate. If, upon a hearing as provided for before the judge of the municipal court, the judge shall find that the conditions set out in this section exist and that those constitute a nuisance, and further orders the person to abate within a specified time, then each ten days that the condition adjudicated to be a nuisance by the judge is maintained subsequent to the expiration of the time fixed in the judgment shall constitute an offense.
(e)Action of commissioner upon failure to abate nuisance within specified time. Upon the adjudication by the judge of the municipal court that a nuisance exists, and notwithstanding the provisions set out in this section, if the owner of the property has not abated the nuisance after the expiration of five days from the date of the adjudication by the judge of the municipal court, then the commissioner of public works shall cause the nuisance to be abated and the objectionable conditions to be removed from the property. The commissioner of public works shall be authorized to cause the removal of trash and refuse from the property and to charge the cost and expense thereof to the owner. If the owner of the real property affected has been adjudged responsible for abatement, and the charges remain unpaid for a period of 30 days after payment is due, the mayor or designee shall cause an execution to be issued against the owner of the property for those charges. The execution shall be a lien on the property and, when recorded in the general execution docket of the county, shall be a lien on all property of the defendant in execution from the date of such recording.
(f)Service of summons issued by public officers; return as evidence of service.
(1)Summons or complaints issued in accordance with subsection (c) of this section shall, in all cases, be served upon owners and parties in interest, and the return of service signed by the public officer or agent or an affidavit of service executed by a duly authorized citizen of this state reciting that a copy of such complaint or orders was served upon the owners and parties of interest personally or by leaving such copy at the place of residence shall be sufficient evidence as to the service of such person in possession, owners and parties in interest.
(2)If any of the owners and parties in interest shall reside out of the city, service shall be perfected by causing a copy of such summons or complaint to be served upon such party by the sheriff or any lawful deputy of the county of the residence of such party or such service may be made by any citizen; and the return of such sheriff or lawful deputy or the affidavit of such citizen that such party was served either personally or by leaving a copy of the complaint or orders at the residence, shall be conclusive as to such service.
(3)Nonresidents of this state shall be served by causing a copy of the complaints or summons to be posted in a conspicuous place on the property affected by the complaint or summons. Where the address of such nonresident is known, such as the address on file with the tax assessor, a copy of such complaint or order shall be mailed to such person by registered or certified mail. A copy of such complaint or summons will also be filed in the proper office or offices for the filing of lis pendens notices in the county in which the property is located, and such filing of the summons or complaint shall have the same force and effect as other lis pendens notices provided by law.
(4)If either the owner or any party in interest is a minor or an insane person or person laboring under disabilities and the guardian or personal representative resides outside the city or is a nonresident, such person shall be served as provided in this section in such cases. If such minor or insane person or person laboring under disabilities has no guardian or personal representative or if such minor or insane person lives outside of the city or is a nonresident, service shall be perfected by serving such minor or insane person personally or by leaving a copy at the place of such person's residence, which shall be sufficient evidence as to the service of such person. In the case of other persons who live outside of the city or who are nonresidents, service shall be perfected by serving the judge of the probate court of the county wherein such property is located, who shall stand in the place of and protect the rights of such minor or insane person or appoint a guardian ad litem for such person.
(5)If the whereabouts of any owner or party in interest are unknown and the same cannot be ascertained by the public officer in the exercise of reasonable diligence, and the public officer shall make an affidavit to the effect, then the service of such complaint or summons upon such persons shall be made in the same manner as provided for nonresidents of the state as set out in this section, or service may be perfected upon any person holding itself out as an agent for the property involved. (Ord. No. 2002-57, § 1, 7-9-02)
§ 74-174
Graffiti abatement.
Sec. 74-174. Graffiti abatement.
(a)Definition.
"Graffiti" is defined according to O.C.G.A. 17-15A-2 as "any inscriptions, words, figures, paintings, or other defacements that are written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to any surface of real property or improvements thereon without prior authorization of the owner or occupant of the property by means of any aerosol paint container, broad-tipped marker, gum label, paint stick, graffiti stick, etching equipment, brush, or other device capable of scarring or leaving a visible mark on any surface.
(b)Prohibited acts. It shall constitute a nuisance and shall be unlawful for:
(i)any person(s) to deface, alter, modify, change, draw, damage or destroy by spraying or use of paint, or marking of ink, dye or any other similar substance on public and/or private buildings or structures, an inscription, slogan, drawing or modification, or otherwise damage private or public property in contradiction of other City Ordinances, by or through the application of "graffiti" as defined herein;
(ii)any person exercising control over or having a legal or equitable interest in a parcel of real property to permit graffiti to remain on public and/or private buildings or structures located thereon after the expiration of the time to remove in accordance with subsection (c).
(c)Notice to remove. No person exercising control over or having a legal or equitable interest in a parcel of real property shall be subject to citation for permitting graffiti to remain on public and/or private buildings or structures located thereon without first having been given 30 days from the date of written notice, in accordance with the provisions of Section 10 of the Atlanta Housing Code, to remove the graffiti.
(d)Removal by inmates. Labor by inmates from the Atlanta City Detention Center or by a person sentenced to perform community service by the Atlanta Municipal Court may be used to remove or obliterate unlawfully placed graffiti on public property. The rules and regulations governing such use of labor by inmates shall be directed by the City of Atlanta's Department of Corrections and subject to state law as well as the rules and regulations of the Board of Corrections of Georgia.
(e)Enforcement. Any person empowered by the City of Atlanta to issue citations may issue citations as a violation of Sec. 1-8. (Ord. No. 2008-83(08-O-2136), § 1, 11-24-08; Ord. No. 2011-26(11-O-0943), § 1, 6-29-11)
§ 74-175
Properties where activities therein and thereon threaten the public health, safety and welfare.
Sec. 74-175. Properties where activities therein and thereon threaten the public health, safety and welfare.
(a)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:
Dwellings, buildings or structures means any building or structure or part thereof used and occupied for human habitation or commercial, industrial or business uses, or intended to be so used, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith and also includes any building or structure of any design.
Owner means any person or persons having any individual, joint or common title or interest in real property defined by the laws of the state as a legal or equitable estate or interest.
Owner's managing agent means a person, corporation, partnership or limited liability company that is authorized by the owner to operate and manage the property.
Parking lot or space means any space used for parking adjacent to the structure.
Properties means dwellings, buildings or structures and parking lots or spaces.
Tenant means one who occupies lands or the premises of another in subordination to that other's title, and with such other person's assent, express or implied.
Violent conduct or crime means conduct which constitutes a probable danger of physical harm, such as assault, battery, sexual assault, armed robbery, homicide, or any other criminal activity that endangers the public health, safety and welfare of the citizens of the city.
(b)Nuisance declared. The city finds that multiple incidents of violent conduct or crime occurring on certain properties and conditions on such properties that foster or contribute to the commission of violent crime, endanger the public health, safety and welfare of the citizens of the city.
(c)Abatement. Where violent conduct or crime occurs on certain properties, the criminal activity causing the nuisance shall be enjoined, abated, and prevented. The owner of the property upon being notified shall take actions that are reasonable and necessary to reduce and eliminate the conditions that contribute to the commission of such violent conduct or crime. If the owner, the owner's managing agent or the party responsible for the property knows or has reason to know of the criminal activity and fails to take reasonable, legally available actions to abate the nuisance, a governmental authority may abate the nuisance. The municipal court may assess the owner for the cost of abating the nuisance.
(d)Notice. For purposes of this section, an owner, the owner's managing agent or the party responsible for the property is deemed to know or have reason to know of the nuisance if the owner, the owner's managing agent or the party responsible for the property has received notice from the city of documented reports of violent conduct or crime occurring on the property.
(e)Remedy. In abating the public nuisance, the municipal court may order:
(1)That the owner, the owner's managing agent or the party responsible for the property implement security measures on the property.
(2)That the owner initiate dispossessory proceedings to evict tenants engaged in or permitting the conditions that contribute to the violent conduct or crime on the property.
(3)That the owner be assessed with the cost of abating the nuisance.
(4)That the owner, the owner's managing agent or the party responsible for the property be enjoined from conducting any other activities on the property.
(5)Any other remedy deemed appropriate in abating nuisances in the state.
(Ord. No. 2021-26(21-O-0259), § 1, 5-24-21)
Secs. 74-176—74-200. Reserved.
ARTICLE VI. FLOOD AREA REGULATIONS*
§ 74-201
Intent and disclaimer.
Sec. 74-201. Intent and disclaimer.
(a)Intent. The intent of this article is to regulate and restrict uses and structures within both traditional and historically modified floodplain areas of the City of Atlanta in order to protect life and property, to prevent or minimize the hazards and damage which follow periods of severe inundation and to reduce the public cost of rescue efforts, relief efforts and flood control activities made necessary by such inundation; to protect the natural function and character of the traditional floodplain and surrounding areas; and to enable owners of property within the City of Atlanta to qualify for national flood insurance.
(b)Disclaimer of liability. The Atlanta City Council finds the degree of flood protection required by this article to be reasonable and consistent with historically established and nationally accepted levels of protection based on scientific and engineering practices. Larger floods can and will occur; flood heights may be increased by human-made or natural causes. This article *Editor’s note—Ord. No. 2013-20(13-O-1021), §§ 1—17, approved May 29, 2013, repealed the §§ 74-201—74-207, and enacted new §§ 74-201—74-209 as set out herein. The former sections 74-201—74-207 pertained to similar subject matter. See Code Comparative Table.
does not imply that land outside the floodway, traditional floodplain, historically modified floodplain, special flood hazard area, or uses permitted within such areas will be free from flooding or flood damages. This article shall not create liability on the part of the city or by any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made hereunder. (Ord. No. 2013-20(13-O-1021), § 1, 5-29-13)
§ 74-202
Flood insurance study and maps adopted.
Sec. 74-202. Flood insurance study and maps adopted.
The Federal Emergency Management Agency flood insurance study, flood hazard boundary map and flood insurance rate map, for the City of Atlanta, Georgia, revised June 22. 1998, and as it may be revised, shall constitute the official flood maps for the city. Revisions of such maps shall include but not be limited to future conditions maps. All land shown on said maps as lying within a "special flood hazard area," and all other land subject to inundation during the base flood, as confirmed by a flood study or a field run survey, shall be subject to the regulations set forth in this article. (Ord. No. 2013-20(13-O-1021), § 2, 5-29-13)
§ 74-203
Definitions.
Sec. 74-203. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Ancillary structures means structures that are not principal structures and are not intended for occupancy. Such structures shall include, but not be limited to, fences, carports, tool sheds, decks, patios, pools, playgrounds, and picnic facilities.
Appeal means a request for a review of the commissioner's interpretation of any provision of this article.
Base flood means the flood having a one percent chance of being equaled or exceeded in any given year, also known as the 100-year flood.
Base flood elevation means the highest water surface elevation anticipated at any given point during the base flood.
Combined sewershed means a sewershed with sewers that were designed to collect and transmit both stormwater and wastewater and that functioned as combined sewers as of September 24, 1998, as determined by the commissioner.
Commissioner means the commissioner of the department of watershed management, or an authorized designee.
Development means a land development or land development project.
Elevated structure means an existing structure which has been raised or rebuilt in compliance with this article.
Flood protecting means any combination of structural and non-structural additions, changes, or adjustments to a structure which reduce or eliminate flood damage to real estate, improved real property, water and sanitary facilities, or structures and their contents.
Floodway means any channel through which water passes at depths or velocities capable of discharging a base flood without increasing the elevation to which floodwaters would rise by more than one foot anywhere in a special flood hazard area.
Footprint area means the enclosed area of the horizontal dimensions of a structure as defined by the exterior walls and as projected on the ground. Footprint area shall not include any decks, patios, porches, carport, or multiple floors for the purpose of this calculation.
Highest observed flood means the water surface elevation of the highest flood on record in the department of watershed management or as measured from the lowest grade adjacent to the structure to the top of the high water mark.
Historically modified floodplain means an area in a combined sewershed, in which significant portions of the historic "natural" stream have been enclosed in a pipe (excluding bridges, roadway culverts and short pipe segments) and is subject to periods of severe inundation.
Infrastructure means any public or private road, bridge, drainage system, sewer, water main or other utility and related appurtenances.
Land development means any land change, including, but not limited to clearing, digging, grubbing, stripping, removal of vegetation, dredging, grading, excavating, transporting and filling of land, construction. Paving or any other installation of impervious cover.
Land development activities means those actions or activities which comprise, facilitate or result in land development.
Land development project means a discrete land development undertaking.
Lowest floor means the lowest enclosed area of a structure, including the basement. An unfinished, flood-resistant area below an elevated structure used solely for parking of vehicles, building access, or storage, in an area other than a basement, is not considered a building's lowest floor, provided that such area is built in compliance with this article.
Mapped floodplain means those areas of land subject to periods of severe inundation which are shown on the official flood maps of the city and which are subject to the regulations contained in this article.
Multi-family residential structure means multiple dwellings and lodgings as defined in Atlanta City Code section 16-29.001(12)(b).
Nonresidential structure means any structure that is not a single-family residential structure or a multi-family residential structure. Examples of nonresidential structures include, but are not limited to, restaurants, service stations, shopping centers, office buildings, theaters, warehouses, manufacturing facilities, food processing facilities, hotels, libraries, churches, schools, and municipal, county, state, and federal government buildings.
Sewer basin means all portions of the city's wastewater collection and transmission systems tributary to and hydraulically linked to a trunk sewer entering a wastewater treatment facility. Each sewer basin in the city is typically independent of other sewer basins.
Sewershed means a subdivision of a sewer basin that typically consists of hydraulically linked sewers that are tributary to a point in the sewer system.
Single-family residential structure means any single-family dwelling as defined in Atlanta City Code section 16-29.001(12)(a).
Special flood hazard area means the land subject to a one percent or greater chance of flooding in any given year. This includes all floodplain and flood prone areas at or below the base flood elevation (including A, A1—30, A-99, AE, AO, AH, and AR on the flood hazard boundary map or the flood insurance rate map), and all other areas subject to inundation during the base flood.
Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed 50 percent of the value of the structure before the damage occurred, as provided in 44 C.F.R. § 59.1.
Substantial improvement means any combination of repairs, reconstruction, alteration, or improvements to a structure taking place during a ten-year period in which the cumulative cost equals or exceeds 50 percent of the value of the structure prior to the improvement, as provided in 44 C.F.R. § 59.1 and Section 2 of the Metropolitan North Georgia Water Planning District's Model Floodplain Management/Flood Damage Prevention Ordinance (2006).
Traditional floodplain means any area of land presently having natural or man-made contours of elevation at or below the base flood elevation shown on the flood maps and those areas of land which are not so shown on the flood maps where inundation is likely to occur during a base flood as determined from evidence of prior flooding or as determined by hydrologic studies to establish the probable depth of such floodwaters.
Unmapped floodplain means those areas of land subject to periods of severe inundation which are not shown on the official flood maps of the city, which are otherwise subject to the regulations contained in this article.
Value of the structure means (1) the actual cash value of the structure as set out in "Table 100 Building Valuation Data" at appendix A, section 104.2 of the Atlanta City Code, and as permitted by FEMA Publication 213 page 10, or (2) the appraised value of the structure according to the property tax records in the Fulton County or DeKalb County tax assessor database immediately prior to the start of the initial repair or improvement. In the event there is a conflict between these two values, the lower value of the structure shall apply, in accordance with Atlanta City Code section 1-2. (Ord. No. 2013-20(13-O-1021), § 3, 5-29-13; Ord. No. 2015-36(15-O-1246), § 1, 7-15-15)
§ 74-204
Permits required.
Sec. 74-204. Permits required.
(a)Permit required. Use of lands and buildings, and construction, reconstruction, repair, modification or demolition of any structure within all floodplains, including special flood hazard areas, shall require review and approval of a permit by the commissioner.
(b)Flood study or field run survey required. The Federal Emergency Management Agency flood maps, more particularly described in section 74202, adopted by the city are used for general reference purposes only. A flood study or a field run survey may be required to determine the location and extent of the floodplain area on a specific parcel.
(i)Flood study. In an unmapped floodplain or in a mapped floodplain where elevation has not been established, a flood study may be required in order to establish the base flood elevation. Such a flood study shall address, at a minimum, impact to upstream, downstream and adjacent properties, and the free flow of flood waters.
(ii)Field run survey. In order to establish the horizontal extent of the vertical floodplain elevation, a field run survey may be required to establish the actual location of the limit when proposed development is proximate to the limits of a floodplain/ floodway.
(iii)A flood study or field run survey required under this subsection shall be certified by either a professional engineer or registered land surveyor.
(c)Review and approval. Any proposal which includes any of the activities described in this article shall be submitted to the commissioner for review before any such activity is commenced.
The commissioner may authorize the approval of any of such activities upon a finding, based on detailed plans and specifications submitted with the proposal, that the activity can be completed and occupied or used in full compliance with the requirements of this article. No part of any such activity shall be commenced before such permit approval has been issued and all other permits and licenses required by applicable law have been issued or obtained.
(d)Permit revocation. The commissioner may recommend the revocation of any such permit when the commissioner determines the activity is not being accomplished, or that the land is not being used or occupied, as shown on the plans and specifications approved by the commissioner. A permit approval so revoked may be reinstated upon application by the holder under such rules and conditions as are established by the commissioner consistent with the requirements of this article and other applicable laws.
(e)Protection of existing flood storage and from flooding. The commissioner shall not, by authorizing the approval of a permit under the authority of this article, authorize any use of land, any extension or enlargement of a use of land which existed before the original date of enactment of the provisions of said article, or the commencement of any of the activities described in this article, where the effect thereof would be to decrease the volume of existing flood storage on that land or to increase flooding conditions upstream, downstream or adjacent to that land.
(i)Protection of floodways. The floodway shall be that as defined in the flood insurance study, City of Atlanta, Georgia, Fulton and DeKalb County, Federal Emergency Management Agency, revised June 22, 1998, and as it may be subsequently revised or extended. On those watercourses and rivers regulated hereunder where the floodway has not been defined in the said flood insurance study and until such time as these watercourses and rivers are defined in an officially adopted or revised flood insurance study, the floodway shall be defined as the channel of the watercourse or river and the adjacent areas of the defined or undefined floodplain that must be reserved in order to discharge the 100-year base flood without cumulatively increasing the water surface elevation more than one foot upstream of, downstream of, or at the point being considered. No fill or encroachments shall be placed within the defined floodway that would impair the ability to carry and discharge the waters resulting from the 100-year base flood.
(ii)Floodplain protection. The commissioner shall not authorize the approval of any permit authorizing the placement of fill or stored materials, or the construction of any building or other structure within the floodplain. Earth-disturbing activities in the floodplain shall be permitted only when the resulting configuration shall allow stormwater to enter the floodway by sheet flow (not channelized flow) and results in no loss of existing flood volume. Any earth-disturbing activities within a floodplain shall be subject to requirements of stream bank buffer limits and should be constructed using best management practices for soil erosion and sedimentation control. The use of compensating excavation or contouring; procedures to modify flood hazard limits may apply to install necessary public roadway and utilities within the flood limits to support existing and new property(s) which are not within the flood limits or to restore riparian buffer areas. Restoration of riparian buffer areas includes streambank stabilization projects that utilize natural channel design principles and the removal of a pipe or culvert to restore a stream channel with a minimum of a 25-foot vegetated buffer on each side of the channel.
All applications for permits issued by the commissioner which would allow any use or construction wholly or partly in a special flood hazard area shall include detailed plans and specifications which demonstrate that no expansion of a special flood hazard area would result from the work which would be authorized by any such permit. No such permit shall authorize any proposed use or construction which would have a finished elevation less than two feet higher than the nearest base flood elevation and that would be closer than 15 feet from the nearest base flood elevation, and no such permit shall be issued until the plans and specifications submitted are in compliance with this article and have been authorized by the commissioner. Any comments or requirements endorsed on such plans and specifications or on an addendum thereto, by the commissioner shall become a part of any permit issued for the work covered by the plans and specifications and shall be enforced as are all other requirements applicable to such permit.
(iii)Reserved.
(iv)Modification to existing structures or existing usages of the floodplain in violation of, but predating the provisions of this article. Minor modifications and routine maintenance of uses and structures which were lawful prior to the original date of enactment of the provisions of this article, including existing structures, fills, pavements, utilities, manufactured homes, mobile homes, mobile home sites and other facilities, shall be subject to the following restrictions:
(A)Permitted modifications of existing structures or existing usage. Any modification to an existing usage, when such existing usage is in violation of this article, that enhances the protection of life or property or which is reasonably necessary to the maintenance and upkeep of the property concerned and which does not extend the scope and magnitude of the existing violation of these regulations, is permitted provided the value of such modification or maintenance does not exceed 50 percent of the value of the structure or total existing usage prior to such modification or maintenance, excluding the value of the land but including the value of existing structures, utility service connections, fills, pavements, slabs, mobile home sites and other facilities which can be reasonably demonstrated as an integral part of that existing usage.
(B)Modifications requiring additional measures. Any improvement, modification or maintenance and any repairs or reconstruction required by any reason, including damages arising from normal deterioration, flood, other natural act or accident, of any existing usage where such existing usage is in violation of this article, shall bring that existing usage under the scope of the regulations set forth in this subsection; and that existing usage shall be brought into compliance with this article, providing that the total value of such improvement, modification, maintenance, repair or reconstruction exceeds 50 percent of the value of the structure or existing usage before such improvement, modification or maintenance or before such flood, other natural act or accident, excluding the value of the land but including the prior value of structures, utility service connections, fills, pavements, slabs, mobile home sites and other facilities which can be reasonably demonstrated as an integral part of the existing usage prior to the event.
(Ord. No. 2013-20(13-O-1021), § 4, 5-29-13; Ord. No. 2017-43(17-O-1393), § 1, 7-26-17)
§ 74-205.1
Single-family residential structures in traditional floodplain areas.
Sec. 74-205.1. Single-family residential structures in traditional floodplain areas.
(a)New development. A new single-family residential structure to be located on property encumbered by a traditional floodplain, floodway, or special flood hazard area shall be located not less than 15 feet horizontally and two feet vertically beyond the nearest base flood elevation. If a new single-family residential structure cannot comply with the 15-foot horizontal requirement, development is prohibited.
(b)Substantially damaged or substantially improved structures. If an existing single-family residential structure located within the traditional floodplain, floodway, or special flood hazard area has sustained substantial damage or is proposed for substantial improvement, the structure shall be relocated not less than 15 feet horizontally and two feet vertically beyond the nearest base flood elevation.
(c)Elevating existing single-family structures. If, due to site conditions, an existing singlefamily residential structure cannot comply with the 15-foot horizontal requirement, in accordance with section 74-205.1(b), the structure may be elevated in accordance with either section 74-205.5(b) or section 74-205.5(c): provided however, section 74-205.5(a) shall apply to all elevated structures regardless of whether section 74-205.5(b) or section 74-205.5(c) applies.
(d)Flood protecting single-family residential structures. An existing single-family residential structure that has not been substantially damaged or is not proposed for substantial improvement can be flood protected, in accordance with section 74-205.5(d). A new single-family residential structure or an existing single-family residential structure that has been substantially damaged or is proposed for substantial improvement cannot be flood protected in order to comply with the provisions of this article. (Ord. No. 2013-20(13-O-1021), § 5, 5-29-13)
§ 74-205.2
Multifamily
Sec. 74-205.2. Multifamily residential structures in traditional floodplain areas.
(a)New development. A new multifamily residential structure to be located on property encumbered by a traditional floodplain, floodway, or special flood hazard area shall be located not less than 15 feet horizontally and two feet vertically beyond the nearest base flood elevation. If a new multifamily residential structure cannot comply with the 15-foot horizontal requirement, development is prohibited.
(b)Substantially damaged or substantially improved structures. If an existing multifamily residential structure located within the traditional floodplain, floodway, or special flood hazard area has sustained substantial damage or is proposed for substantial improvement, the structure shall be located not less than 15 feet horizontally and two feet vertically beyond the nearest base flood elevation.
(c)Elevating existing multifamily structures. If due to site conditions, an existing multifamily residential structure cannot comply with the 15-foot horizontal requirement, in accordance with section 74-205.2(b), the structure may be elevated in accordance with either section 74-205.5(b) or section 74-205.5(c); provided however that section 74-205.5(a) shall apply to an elevated multifamily residential structure regardless of whether section 74-205.5(b) or section 74-205.5(c) applies.
(d)Flood protecting multifamily residential structures. An existing multifamily residential structure that has not been substantially damaged or is not proposed for substantial improvement can be flood protected in accordance with section 74-205.5(d). A new multifamily residential structure or an existing multifamily residential structure that has been substantially damaged or is proposed for substantial improvement cannot be flood protected in order to comply with the provisions of this article. (Ord. No. 2013-20(13-O-1021), § 6, 5-29-13)
§ 74-205.3
Nonresidential structures in traditional floodplain areas.
Sec. 74-205.3. Nonresidential structures in traditional floodplain areas.
(a)New development. A new nonresidential structure to be located on property encumbered by a traditional floodplain, floodway, or special flood hazard area shall be located not less than 15 feet horizontally and two feet vertically beyond the nearest base flood elevation. If a new nonresidential structure cannot comply with the 15-foot horizontal requirement, development is prohibited.
(b)Substantially damaged or substantially improved structures. If an existing nonresidential structure located within the traditional floodplain, floodway, or special flood hazard area has sustained substantial damage or is proposed for substantial improvement, the structure shall be located not less than 15 feet horizontally and two feet vertically beyond the nearest base flood elevation.
(c)Elevating existing non-residential structures. If, due to site conditions, an existing nonresidential structure cannot comply with the 15-foot horizontal requirement, in accordance with section 74-205.3(b), the structure may be elevated in accordance with either section 74-205.5(b) or section 74-205.5(c); provided however that section 74-205.5(a) shall apply to an elevated nonresidential structure regardless of whether section 74-205.5(b) or section 74-205.5(c) applies.
(d)Flood protecting nonresidential structures. If, due to structural conditions, an existing nonresidential structure cannot comply with the 15-foot horizontal and the two foot vertical requirements in section 74-205.3(b), an existing nonresidential structure may be flood protected in accordance with section 74-205.5(d). (Ord. No. 2013-20(13-O-1021), § 7, 5-29-13)
§ 74-205.4
Ancillary structures and infrastructure in traditional floodplain areas.
Sec. 74-205.4. Ancillary structures and infrastructure in traditional floodplain areas.
(a)Ancillary structures. Ancillary structures may be allowed in traditional floodplain areas if designed and constructed to minimize and mitigate impact on the traditional floodplain, allow for stormwater to enter the floodway by sheet flow (not channelized flow) and results in no net loss in flood storage volume. Ancillary structures shall not be allowed in the floodway.
(b)Infrastructure. Infrastructure may be allowed in traditional floodplain areas if designed and constructed to minimize and mitigate impact on the traditional floodplain area. Onsite sewage management systems (septic tanks) and wells are prohibited in traditional floodplains. Stormwater management systems may be allowed only if designed such that there is no net loss in flood plain storage volume. (Ord. No. 2013-20(13-O-1021), § 8, 5-29-13)
§ 74-205.5
Standards for elevating and flood protecting structures in traditional floodplain areas.
Sec. 74-205.5. Standards for elevating and flood protecting structures in traditional floodplain areas.
(a)Basic requirements for elevating structures. The following requirements apply to the elevation of any structure within the traditional floodplain area;
(i)Design and construction of elevated structures shall utilize methods and practices that minimize flood damage and current and future encroachment into the floodway and traditional floodplain;
(ii)The elevation of the structure's lowest floor shall be the greater of either: three feet above the base flood elevation or two feet above the highest observed flood;
(iii)Elevated structures shall be constructed with materials and utility equipment resistant to flood damage in accordance with FEMA Technical Bulletin "Flood Damage-Resistant Materials Requirements" August 2008, or as amended;
(iv)The area below the lowest floor of an elevated structure shall be flood resistant, unfinished, and designed with piers or wall openings to facilitate the natural flow of floodwaters under the structure;
(v)The unfinished and flood-resistant area below the lowest floor shall remain unoccupied and shall only be used for parking vehicles, limited storage of maintenance equipment used in connection with the premises, or entry to the elevated area;
(vi)Stormwater management facilities and grease traps with backflow prevention devices that are properly designed to be isolated from flood waters may be allowed;
(vii)The interior portion of the area below the lowest floor shall not be partitioned or finished into separate rooms; provided however, the minimum area necessary for access to upper floors may be finished with flood damage-resistant materials in accordance with FEMA Technical Bul-letin ″Flood Damage-Resistant Materials Requirements″ August 2008, or as amended;
(viii)Elevated structures shall be anchored to prevent flotation, collapse or lateral movement of the structure;
(ix)Heating and air conditioning equipment and components (including ductwork), electrical, ventilation, plumbing equipment (including water heater), and other service facilities shall be located at least three feet above the base flood elevation or two feet above the highest observed flood (whichever is greater) to prevent water from entering or accumulating within the components during conditions of flooding;
(x)Designs for complying with the requirements of this article shall be certified by either a professional engineer or architect;
(xi)Landings and stairs that allow for the natural flow of floodwaters will be allowed for minimum entry access;
(xii)If the proposed elevated structure is located in multiple flood zones or if multiple base flood elevations cross the site, the higher or most protective base flood elevation shall take precedence;
(xiii)The design shall provide for the drainage of floodwaters in not less than 72 hours pursuant to FEMA Technical Bulletin I (August 2008); and
(xiv)A file-stamped copy of an elevation certificate filed in the land records of the county in which the property is located shall be submitted to the commissioner prior to the issuance of a certificate of occupancy. This elevation certificate shall be prepared by a licensed surveyor and shall document the elevation of the lowest floor relative to mean sea level and compliance with the ordinance.
(b)Elevation of existing structures via jacking on existing foundation. An existing structure that has been substantially damaged or is proposed for substantial improvement may be elevated by jacking, intact, on an existing foundation, provided the criteria of section 74-205.5(a) are met in addition to the following criteria:
(i)No elevated structure shall exceed the original geometric footprint area or horizontally expand living space into or over the traditional floodplain;
(ii)Foundations shall contain a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding as provided in 44 C.F.R. § 60.3 and Section 5 of the Metropolitan North Georgia Water Planning District's Model Floodplain Management/Flood Damage Prevention Ordinance (2006);
(iii)The bottom of all openings shall be no higher than one foot above grade; and
(iv)Openings may be equipped with screens, louvers or other coverings provided they permit the flow of floodwater in both directions.
(c)Elevation of existing structures via demolition and rebuilding on an equivalent footprint area. An existing structure that has been substantially damaged or is proposed for substantial improvement may be demolished and relocated on the lot such that the passage of water is facilitated or the floodplain is otherwise enhanced or protected, provided the criteria of section 74-205.5(a) arc met in addition to the following criteria:
(i)No elevated structure shall exceed the original footprint area or increase the net encroachment into or over the floodplain; and
(ii)Foundations shall be designed to resist anticipated hydrodynamic loads, potential for debris impact, and scour pursuant to FEMA Technical Bulletin I (August 2008). Foundations shall be designed with the following criteria:
(A)The total area of the walls below the base flood elevation exposed to flood waters shall be at least 50 percent open. Wall openings shall be distributed along all walls exposed to flood waters;
(B)The bottoms of all wall openings shall be at grade;
(C)Garage doors not allowing the natural flow of floodwaters when closed shall not be considered wall openings; and
(D)Openings may be equipped with grilles, louvers, or bars provided they allow the natural flow of floodwater in both directions.
(d)Flood protecting structure. Flood protecting structures within the traditional floodplain is generally prohibited, unless expressly authorized by the provisions of this article. If expressly authorized under the provisions of this article, a structure may be flood protected in accordance with the following criteria:
(i)Constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located three feet vertically beyond the nearest base flood elevation;
(ii)Designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy, in accordance with the following;
(A)A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice; and
(B)A record of such certificate, which includes the specific elevation (in relation to mean sea level) to which such structures are flood proofed shall be filed and recorded in the land records of the county in which the property lies; and
(iii)Fully enclosed areas below the lowest floor are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
(A)A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.
(B)The bottom of all openings shall be no higher than one foot above grade; and
(C)Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
(Ord. No. 2013-20(13-O-1021), § 9, 5-29-13)
§ 74-206.1
Single-family structures in a
Sec. 74-206.1. Single-family structures in a historically modified floodplain areas.
(a)New development. A new single-family residential structure to be located on property encumbered by a historically modified floodplain shall be located not less than 15 feet horizontally and two feet vertically beyond the nearest base flood elevation.
(b)Elevating new single-family structures. If, due to site conditions, a new single-family residential structure cannot comply with the 15-foot horizontal requirement, in accordance with section 74-206.1(a), the structure shall be constructed to be two feet above the high water mark or three feet above the nearest base flood elevation. Such a structure must also comply with section 74-206.5(a).
(c)Substantially damaged or substantially improved structures. If an existing single-family residential structure located within the historically modified floodplain has sustained substantial damage or is proposed for substantial improvement, the structure shall be located not less than 15 feet horizontally and two feet vertically beyond the nearest base flood elevation.
(d)Elevating existing single-family structures. If, due to site conditions, an existing singlefamily residential structure cannot comply with the 15-foot horizontal requirement, in accordance with section 74-206.1(c), the structure may be elevated in accordance with either section 74-206.5(b) or section 74-206.5(c); provided however, section 74-206.5(a) shall apply to all elevated structures regardless of whether section 74-206.5(b) or section 74-206.5(c) applies.
(e)Flood protecting single-family residential structures. An existing single-family residential structure that has not been substantially damaged or is not proposed for substantial improvement may be flood protected, in accordance with section 74-206.5(d). A new single-family residential structure or an existing single-family residential structure that has been substantially damaged or is proposed for substantial improvement may not be flood protected to comply with the provisions of this article.
(f)Fill in floodplain. The placement of fill in the historically modified floodplain area may be allowed if it can be demonstrated that there will be no increase of flood elevation or adverse impacts on any upstream, downstream or adjacent property.
(g)Regional mitigation. The demonstration of no increase of flood elevation or adverse impacts on any upstream, downstream or adjacent property, as required pursuant to section 74-206.1(f), may be achieved by contribution to a regional flood mitigation system located within the same sewer basin as the subject property, subject to approval by the commissioner. (Ord. No. 2013-20(13-O-1021), § 10, 5-29-13; Ord. No. 2017-43(17-O-1393), § 2, 7-26-17)
§ 74-206.2
Multifamily structures in
Sec. 74-206.2. Multifamily structures in historically modified floodplain areas.
(a)New development. A new multifamily residential structure to be located on property encumbered by a historically modified floodplain shall be located not less than 15 feet horizontally and two feet vertically beyond the nearest base flood elevation.
(b)Elevating new multifamily residential structures. If, due to site conditions, a new multifamily residential structure cannot comply with the 15-foot horizontal requirement, in accordance with section 74-206.2(a), the structure shall be constructed to be two feet above the high water mark or three feet above the nearest base flood elevation. Such a structure must also comply with section 74-206.5(a).
(c)Substantially damaged or substantially improved structures. If an existing multifamily residential structure located within the historically modified floodplain has sustained substantial damage or is proposed for substantial improvement. the structure shall be located not less than 15 feet horizontally and two feet vertically beyond the nearest base flood elevation.
(d)Elevating existing multifamily residential structures. If, due to site conditions, an existing multifamily residential structure cannot comply with the 15-foot horizontal requirement, in accordance with section 74-206.2(c), the structure may be elevated in accordance with either section 74-206.5(b) or section 74-206.5(c); provided however, section 74206.5(a) shall apply to all elevated structures regardless of whether section 74-206.5(b) or section 74-206.5(c) applies.
(e)Flood protecting multifamily residential structures. An existing multifamily residential structure that has not been substantially damaged or is not proposed for substantial improvement may be flood protected in accordance with section 74-206.5(d). A new multifamily residential structure or an existing multifamily residential structure that has been substantially damaged or is proposed for substantial improvement may not be flood protected to comply with the provisions of this article.
(f)Fill in floodplain. The placement of fill in the historically modified floodplain area may be allowed if it can be demonstrated that there will be no increase of flood elevation or adverse impacts on any upstream, downstream or adjacent property.
(g)Regional mitigation. The demonstration of no increase of flood elevation or adverse impacts on any upstream, downstream or adjacent property, as required pursuant to section 74-206.2(f), may be achieved by contribution to a regional flood mitigation system located within the same sewer basin as the subject property, subject to approval by the Commissioner. (Ord. No. 2013-20(13-O-1021), § 11, 5-29-13; Ord. No. 2017-43(17-O-1393), § 3, 7-26-17)
§ 74-206.3
Nonresidential structures in
Sec. 74-206.3. Nonresidential structures in historically modified floodplain area.
(a)New development. A new nonresidential structure to be located on property encumbered by a historically modified floodplain shall be located not less than three feet above the base flood elevation or two feet above the highest observed flood.
(b)Flood protecting new non-residential structures. If, due to site conditions, a new nonresidential structure cannot be located not less than three feet above the base flood elevation or two feet above the highest observed flood, in accordance with section 74206.3(a), the structure may be flood protected in accordance with section 74-206.5(d).
(c)Substantially damaged or substantially improved structures. If an existing nonresidential structure located within the historically modified floodplain has sustained substantial damage or is proposed for substantial improvement, the structure shall be located not less than three feet above the base flood elevation or two feet above the highest observed flood.
(d)Elevating existing non-residential structures. An existing nonresidential structure required to be elevated in accordance with section 74-206.3(c) may be elevated in accordance with either section 74-206.5(b) or section 74-206.5(c); provided however that section 74-206.5(a) shall apply to an elevated nonresidential structure regardless of whether section 74-206.5(b) or section 74-206.5(c) applies.
(e)Flood protecting non-residential structures. If, due to structural conditions, an existing nonresidential structure cannot be located not less than three feet above the base flood elevation or two feet above the highest observed flood, an existing non-residential structure may be flood protected in accordance with section 74-206.5(d).
(f)Fill in floodplain. The placement of fill in the historically modified floodplain area may be allowed if it can be demonstrated that there will be no increase of flood elevation or adverse impacts on any upstream, downstream or adjacent property.
(g)Regional mitigation. The demonstration of no increase of flood elevation or adverse impacts on any upstream, downstream or adjacent property, as required pursuant to section 74-206.3(f), may be achieved by contribution to a regional flood mitigation system located within the same sewer basin as the subject property, subject to approval by the commissioner. (Ord. No. 2013-20(13-O-1021), § 12, 5-29-13; Ord. No. 2017-43(17-O-1393), § 4, 7-26-17)
§ 74-206.4
Ancillary structures and infrastructure in historically modified floodplain areas.
Sec. 74-206.4. Ancillary structures and infrastructure in historically modified floodplain areas.
Ancillary structures and infrastructure may be allowed in historically modified floodplain areas if designed and constructed to minimize and mitigate impact on the historically modified floodplain. (Ord. No. 2013-20(13-O-1021), § 13, 5-29-13)
§ 74-206.5
Standards for constructing, elevating and flood protecting structures in historically modified floodplain areas.
Sec. 74-206.5. Standards for constructing, elevating and flood protecting structures in historically modified floodplain areas.
(a)Basic requirements for elevating structures. The following requirements apply to the elevation of any structure within a historically modified floodplain area:
(i)Design and construction of elevated structures shall utilize methods and practices that minimize flood damage and current and future encroachment into the floodway and historically modified floodplain;
(ii)The elevation of the structure's lowest floor shall be the greater of either; three feet above the base flood elevation or two feet above the highest observed flood;
(iii)Elevated structures shall be constructed with materials and utility equipment resistant to flood damage in accordance with FEMA Technical Bulletin "Flood Damage-Resistant Materials Requirements" August 2008, or as amended;
(iv)The area below the lowest floor of an elevated structure shall be flood resistant, unfinished, and designed with piers or wall openings to facilitate the natural flow of floodwaters under the structure;
(v)The unfinished and flood-resistant area below the lowest floor shall remain unoccupied and shall only be used for parking vehicles, limited storage of maintenance equipment used in connection with the premises, or entry to the elevated area;
(vi)Stormwater management facilities and grease traps with backflow prevention devices that are properly designed to be isolated from flood waters may be allowed;
(vii)The interior portion of the area below the lowest floor shall not be partitioned or finished into separate rooms; provided however, the minimum area necessary for access to upper floors may be finished with flood damage-resistant materials in accordance with FEMA Technical Bulletin "Flood Damage-Resistant Materials Requirements" August 2008, or as amended;
(viii)Elevated structures shall be anchored to prevent flotation, collapse or lateral movement of the structure;
(ix)Heating and air conditioning equipment and components (including ductwork), electrical, ventilation, plumbing equipment (including water heater), and other service facilities shall be located at least three feet above the base flood elevation or two feet above the highest observed flood (whichever is greater) to prevent water from entering or accumulating within the components during conditions of flooding;
(x)Designs for complying with the requirements of this article shall be certified by either a professional engineer or architect;
(xi)Landings and stairs that allow for the natural flow of floodwaters will be allowed for minimum entry access;
(xii)If the proposed elevated structure is located in multiple flood zones or if multiple base flood elevations cross the site, the higher or most protective base flood elevation shall take precedence;
(xiii)The design shall provide for the drainage of floodwaters in not less than 72 hours pursuant to FEMA Technical Bulletin 1 (August 2008); and
(xiv)A file-stamped copy of an elevation certificate filed in the land records of the county in which the property is located shall be submitted to the commissioner prior to the issuance of a certificate of occupancy. This elevation certificate shall be prepared by a licensed surveyor and shall document the elevation of the lowest floor relative to mean sea level and compliance with the ordinance.
(b)Elevation of existing structure via jacking on existing foundation. An existing structure that has been substantially damaged or is proposed for substantial improvement may be elevated by jacking, intact, on an existing foundation provided the criteria of Section 74-206.5(a) are met in addition to the following criteria:
(i)Foundations shall contain a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding as provided in 44 C.F.R. § 60.3 and Section 5 of the Metropolitan North Georgia Water Planning District's Model Floodplain Management/Flood Damage Prevention Ordinance (2006);
(ii)The bottom of all openings shall be no higher than one foot above grade; and
(iii)Openings may be equipped with screens, louvers or other coverings provided they permit the flow of floodwater in both directions.
(c)Elevation of existing structure via demolition and rebuilding on an equivalent footprint area. An existing structure that has been substantially damaged or is proposed for substantial improvement may be demolished and relocated on the lot such that the passage of water is facilitated or the floodplain is otherwise enhanced or protected provided the criteria of section 74-206.5(a) are met in addition to the following criteria:
(i)Foundations shall be designed to resist anticipated hydrodynamic loads, potential for debris impact, and scour pursuant to FEMA Technical Bulletin 1 (August 2008). Foundations shall be designed with the following criteria:
(A)The total area of the walls below the base flood elevation exposed to flood waters shall be at least 50 percent open. Wall openings shall be distributed along all walls exposed to flood waters;
(B)The bottoms of all wall openings shall be at grade;
(C)Garage doors not allowing the natural flow of floodwaters when closed shall not be considered wall openings; and
(D)Openings may be equipped with grilles, louvers, or bars provided they allow the natural flow of floodwater in both directions.
(d)Flood protecting structures. Flood protecting structures within the historically modified floodplain is generally prohibited, unless expressly authorized by the provisions of this article. If expressly authorized under the provisions of this article, a structure may be flood protected in accordance with the following criteria:
(i)Constructed with electrical, heating, ventilation, plumbing, and air condition-ing equipment and other service facilities that are designed and/or located three feet vertically beyond the nearest base flood elevation;
(ii)Designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy in accordance with the following;
(A)A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice; and
(B)A record of such certificate, which includes the specific elevation (in relation to mean sea level) to which such structures are flood proofed shall be filed and recorded in the land records of the county in which the property lies; and
(iii)Fully enclosed areas below the lowest floor are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
(A)A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.
(B)The bottom of all openings shall be no higher than one foot above grade; and
(C)Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
(Ord. No. 2013-20(13-O-1021), § 14, 5-29-13)
§ 74-207
Enforcement.
Sec. 74-207. Enforcement.
The commissioner is authorized to enforce the requirements of this article in accordance with the procedures set forth in this section.
(a)Violations. Any person in violation of this article shall be subject to the general penalty set out in section 1-8 and shall be required to modify or remove the violation to achieve compliance with this article. Each day during which violation or failure to comply continues shall he a separate violation.
(b)Stop work orders. The commissioner of the department of watershed management, and the commissioner of the department of city planning, or their respective designees, are each authorized to issue stop work orders to any person that violates this article. Stop work orders shall be effective immediately and remain in effect until corrective actions have occurred.
(c)Building permit. If the City of Atlanta determines that a permittee has failed to comply with any provision of this article, the commissioner of the department of city planning or said commissioner's designee may suspend or revoke the building permit.
(d)Withhold certificates of occupancy or completion. The commissioner of the department of city planning or said commissioner's designee is authorized to refuse to issue certificates of occupancy or completion for the building or other improvements constructed or being constructed on a site in violation of a stop work order until the owner has taken the remedial measures as set forth in the stop work order, or has otherwise corrected the violations described therein.
(e)Flood damaged and unusable structures in a floodplain. If a structure has been flooded and sustained damage to a degree that renders the structure unusable or uninhabitable, or otherwise presents a threat to public health, safety, welfare and environment, the owner shall repair or demolish the structure. Any such structure that remains in a damaged state fair at least 24 months shall be declared a public nuisance and may be abated by injunctive or other equitable relief according to the provisions of article V of this chapter.
(f)Violations deemed public nuisance. In addition to the enforcement processes and penalties provided herein, any condition caused or permitted to exist in violation of any of the provisions of this article that constitute a threat to public health, safety, welfare, and environment may be declared and deemed a nuisance, and may be abated by injunctive or other equitable relief according to the provisions of article V of this chapter.
(Ord. No. 2013-20(13-O-1021), § 15, 5-29-13; Ord. No. 2017-14(17-O-1157), § 6, 4-26-17)
§ 74-208
Relationship to other laws.
Sec. 74-208. Relationship to other laws.
(a)Compatibility with other regulations. This article is not intended to modify or repeal any other ordinance, rule, regulation, statute, easement, deed restriction or other provision of law. The requirements of this article are in addition to the requirements of any other ordinance, rule, regulation or other provision of law, and where any provision of this article imposes restrictions different from those imposed by any other ordinance, rule, regulation or other provision of law, whichever provision is more restrictive or imposes higher protective standards for the riparian environment shall control.
(b)Relationship to 42 U.S.C. 4001 et seq. This article is enacted pursuant to the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.). 44 C.F.R. § 60.1 et seq., and to implement the requirements of the Metropolitan North Georgia Water Planning District Act, O.C.G.A. § 12-5-570 et seq. Words and phrases used in this article which are defined in the National Flood Insurance Program rules and regulations codified at 44 C.F.R. § 59.1 et seq. and effective December 1, 1976 (41 FR 46968 et seq.), and as they may be revised, shall have the meanings set out in such rules and regulations unless the context in which such words or phrases are used in this article clearly imports a different meaning, or unless otherwise defined herein.
(c)Severability. If the provisions of any section, subsection, paragraph, subdivision or clause of this article shall be adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision or clause of this article. (Ord. No. 2013-20(13-O-1021), § 16, 5-29-13)
§ 74-209
Indemnity agreements.
Sec. 74-209. Indemnity agreements.
The city finds that the construction of new structures, the elevation and flood protecting of existing structures, the installation of a swimming pool or other in-ground water features, or the construction of a parking lot in a special flood hazard area generally will not result in increased flood heights, additional threats to public safety, extraordinary public expense, or the creation of a nuisance. However, as stated in Atlanta City Code section 74-201(b), such improvements may be subject to inundation under certain conditions. Therefore, prior to the issuance of any permit for construction of a new structure, the elevation of an existing structure, the installation of a swimming pool or other in-ground water feature, or the construction of a parking lot in a special flood hazard area, the owner of the subject property shall execute an indemnification and hold harmless agreement, in a form provided by the city, which shall state at a minimum, that owner shall indemnify and hold harmless the city for any damages or claims for damages, suits, costs, judgments losses, and injuries arising out of the owner's construction, maintenance, use or removal of said improvements. The indemnification shall be filed and recorded in the land records of the county in which the property lies and shall be a permanent covenant running with the land and shall be binding upon the successors in title of the owner. (Ord. No. 2013-20(13-O-1021), § 17, 5-29-13)
§ 74-210
Appeal.
Sec. 74-210. Appeal.
(a)Within 30 days of the date of the denial or issuance of a permit, aggrieved or adversely affected parties may file an appeal with the commissioner. Such appeal shall be in writing and shall include a copy of the initial denial or issuance of the permit.
(b)Upon receipt of an appeal, and for good cause, the commissioner may suspend the permit, or applicable portions thereof, pending review. Within 30 days after receipt of an appeal, the commissioner shall make a determination and shall notify the appellant.
(c)The commissioner's determination may be appealed to the Superior Court of the County where the subject property is located. Such appeal shall be filed within 30 days of the date of issuance of the commissioner's determination as provided in O.C.G.A. § 5-4-1 and will be reviewed under the standard provided by O.C.G.A. § 5013-19(h). (Ord. No. 2015-36(15-O-1246), § 2, 7-15-15)
§ 74-211
Letter of map change.
Sec. 74-211. Letter of map change.
If a property owner feels their structure is improperly shown in a 100-year floodplain, the commissioner will direct them to complete the Federal Emergency Management Administration (FEMA) letter of map change process. (Ord. No. 2015-36(15-O-1246), § 3, 7-15-15)
§ 74-212
Proposed change in use of existing encroachments.
Sec. 74-212. Proposed change in use of existing encroachments.
(a)Traditional floodplain. Existing structures in the traditional floodplain that are proposed for a redevelopment that will change the structure category (e.g., a multifamily structure redeveloped to a nonresidential structure) must comply with the following:
(1)The proposed redeveloped structure shall be located not less than 15 feet horizontally and two feet vertically beyond the nearest base flood elevation.
(2)If due to site conditions, the redeveloped structure cannot comply with the 15-foot horizontal requirement, in accordance with section 74-212(a)(1), the structure may be elevated in accordance with sections 74-205.5(a) and 74-205.5(c).
(3)The proposed redeveloped structure must comply with the applicable requirements of section 74-205.1, 74-205.2 or 74-205.3.
(4)The type or degree of occupancy of the replacement structure must be less than the type or degree of occupancy of the original structure. (i.e. Multi-family or single-family occupancy may change to non-residential use but non-residential use may not change to residential).
(b)Historically modified floodplain. Existing structures in the historically modified floodplain that are proposed for redevelopment that will change the structure category (e.g., a multifamily structure redeveloped to a nonresidential structure) must comply with the following:
(1)The proposed redeveloped structure shall be located not less than 15 feet horizontally and two feet vertically beyond the nearest base flood elevation.
(2)If due to site conditions, the redeveloped structure cannot comply with the 15-foot horizontal requirement, in accordance with section 74-212(b)(1), the structure may be elevated in accordance with sections 74-206.5(a) and 74-206.5(c)
(3)The proposed redeveloped structure must comply with the applicable requirements of section 74-206.1, 74-206.2 or 74-206.3.
(4)The type or degree of occupancy of the replacement structure must be less than the type or degree of occupancy of the original structure. (i.e. Multi-family or single-family occupancy may change to non-residential use but non-residential use may not change to residential).
(Ord. No. 2017-43(17-O-1393), § 5, 7-26-17)
Secs. 74-213—74-274. Reserved.
ARTICLE VI-A. CHATTAHOOCHEE TRAIL—PROCTOR CREEK RESTORATION AREA REGULATIONS
§ 74-275
Intent, revision of policy and disclaimer.
Sec. 74-275. Intent, revision of policy and disclaimer.
(a)Intent. In order to support the restoration for a specific area adjacent to the Chattahoochee River, between Donald Lee Hollowell Parkway and I-285, the intent of this article is to modify the application of the floodplain ordinance set forth in article VI of this chapter 74 to allow the level of activities which would otherwise be allowed by state and federal law.
(b)Statement of Policy. Within both traditional and historically modified floodplain areas, the city has restricted all activities even those which state and federal law would otherwise allow. While this policy has protected life and property, prevented or minimized the hazards and damage which follow periods of severe inundation and reduced certain public costs, in certain areas of the city, revision of these restrictions has been found to be warranted where it is possible to protect the natural function and character of the traditional floodplain and surrounding areas as is required under state and federal law to explore future uses.
(1)The city finds that special consideration, to ensure that the restoration of properties within walking distance of the Chattahoochee River in the Restoration Area, is crucial to promote and ensure the public health, safety and welfare, provide amenities for visitors, attract the investment necessary to make such improvements possible and spur further efforts in other areas.
(2)By allowing the restoration of flood areas such as that which will be authorized for the Chattahoochee Trail-Proctor Creek Restoration Area (the "restoration area"), whether in whole or in part, through the installation of new private water control infrastructure that can meet the requirements of state and federal law, it becomes possible to revitalize areas of the city in or adjacent to the redevelopment area because of the increased quality of life, offered by its aesthetic and recreational value of the close proximity to the Chattahoochee River.
(3)The city further finds that as the restoration area attracts new investment for the installation of water control infrastructure, the character of future growth therein and in adjacent areas can be designed to support the development of greenspace that will have a positive impact on communities in the area and the city as a whole.
(4)The city further finds that the construction of trails, including trails with elevated structures, in the restoration area can play a vital role in connecting communities, provide enhanced recreational options for citizens and visitors, make large amounts of greenspace available for enjoyment at minimal cost, and make it possible for more citizens and visitors to enjoy the Chattahoochee River by making it more accessible will have a positive impact on communities in the area and the city as a whole.
(5)By establishing the redevelopment area, the city intends to institute a regulatory approach that protects the natural function and character of the traditional floodplain and surrounding areas as is required under state and federal law and manages anticipates, manages, and encourages quality restoration of the banks of the Chattahoochee River.
(c)Disclaimer of liability. The Atlanta City Council finds the degree of flood protection provided by this article is reasonable and consistent with historically established and nationally accepted levels of protection based on scientific and engineering practices, even though larger floods can and will occur and flood heights may be increased by human-made or natural causes and even though more stringent restrictions may apply in other parts of the city. This article VI-A does not imply that land outside the floodway, traditional floodplain, historically modified floodplain, special flood hazard area, or uses permitted within such areas will be free from flooding or flood damages. This article VI-A shall not create liability on the part of the city or any elected official, officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made hereunder. (Ord. No. 2021-61(21-O-0719), § 1, 12-15-21)
§ 74-276
Limits of Chattahoochee Trail—Proctor Creek Restoration Area.
Sec. 74-276. Limits of Chattahoochee Trail—Proctor Creek Restoration Area.
The regulations in this article VI-A shall apply to the area set forth on the map attached in exhibit A which shall hereinafter be referred to as the Chattahoochee Trail - Proctor Creek Restoration Area (the "restoration area"). (Ord. No. 2021-61(21-O-0719), § 1, 12-15-21)
§ 74-277
Definitions.
Sec. 74-277. Definitions.
The definitions set forth in section 74-203 are adopted as definitions for the use of this article VI-A; provided however that should any existing definition in said section be amended or any new definition be added which would prevent the water control infrastructure or greenspace and trails which would otherwise be allowed under applicable federal and state law, such definition shall be applied to this article VI-A in a manner which would allow such land development, land development activity, land development project or infrastructure (collectively for the purpose of this article VI-A, the "regulated activities"). (Ord. No. 2021-61(21-O-0719), § 1, 12-15-21)
§ 74-278
Permits required.
Sec. 74-278. Permits required.
(a)None of the regulated activities described in this article which require an approval under federal or state law, including but not limited to section 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1334 and the Metropolitan River Protection Act ("MRPA"), codified at O.C.G.A. § 12-5-440 et. seq shall commence until such permits and a building permit from the city have been obtained.
" " (1) Permits from United States Army Corps of Engineers ( USACE ). Any review of the regulated activities described in this article VI-A which require a review under section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334 and a permit issued by USACE shall be completed and the permit prior to further requests for the city to process other permits required.
" " (2) Metropolitan River Protection Act Certificate ( MRPA Certificate ). Applications for a MRPA Certificate or revisions to an application already submitted shall be reviewed for completeness within a reasonable time, not to exceed 30 days, and either approved for submittal to the Atlanta Regional Commission or returned to the applicant with notations which state why such application cannot be submitted.
(3)City building permit application. Use of lands and buildings, and construction, reconstruction, repair, modification or demolition of any structure and / or any regulated activities, within all floodplains, including special flood hazard areas, which have received a MRPA certificate, shall also require review and approval of a permit by the commissioner or a designee who shall apply the standards set forth in this article, notwithstanding those limitations set forth elsewhere in this chapter. When article VI would otherwise prohibit regulated activities that would be allowed by this article VI-A, the permission granted by this article VI-A shall control, so long as compliance with applicable federal and state law is maintained.
(b)Flood study or field run survey required. The Federal Emergency Management Agency flood maps, more particularly described in section 74-202, adopted by the city are used for general reference purposes only. A flood study or a field run survey may be required to determine the location and extent of the floodplain area on a specific parcel.
(1)Flood study. In an unmapped floodplain or in a mapped floodplain where elevation has not been established, a flood study may be required in order to establish the base flood elevation. Such a flood study shall address, at a minimum, impact to upstream, downstream and adjacent properties, and the free flow of flood waters.
(2)Field run survey. In order to establish the horizontal extent of the vertical floodplain elevation, a field run survey may be required to establish the actual location of the limit when the proposed regulated activity is within the limits of a floodplain/floodway.
(3)A flood study or field run survey required under this subsection shall be certified by either a professional engineer or registered land surveyor.
(c)Review and approval. The commissioner shall authorize the approval of any city building permit for such regulated activities upon a finding, based on detailed plans and specifications submitted with the application for city building permit, that the regulated activity can be completed and occupied or used in accord with the permission granted by any federal or state permit as required in this article VI-A and pursuant to city Code. No part of any such regulated activity shall be commenced before such permit approval has been issued and all other permits and licenses required by applicable law have been issued or obtained.
(d)Protection of existing flood storage and from protection from flooding. The commissioner shall not, by authorizing the approval of a permit under the authority of this article, authorize any use of land, where the effect thereof would be to decrease the volume of existing flood storage on that land or to increase flooding conditions upstream, downstream or adjacent to that land.
(1)Protection of floodways. The floodway shall be that as defined in the flood insurance study, City of Atlanta, Georgia, Fulton and DeKalb County, Federal Emergency Management Agency, revised June 22, 1998, and as it may be subsequently revised or extended. On those watercourses and rivers regulated hereunder where the floodway has not been defined in the said flood insurance study and until such time as these watercourses and rivers are defined in an officially adopted or revised flood insurance study, the floodway shall be defined as the channel of the watercourse or river and the adjacent areas of the defined or undefined floodplain that must be reserved in order to discharge the 100-year base flood without cumulatively increasing the water surface elevation more than one foot upstream of, downstream of, or at the point being considered. Except as a part of a plan approved by the commissioner and as allowed by federal and state law, no fill or encroachments shall be permanently placed within the defined floodway that would impair the ability to carry and discharge the waters resulting from the 100-year base flood.
(2)Floodplain protection. Land development, land development activities or land development projects in the floodplain shall be permitted only when the resulting configuration results in no loss of existing flood volume. Any land development, land development activities or land development projects activities within the floodplain shall be subject to requirements of stream bank buffer limits and should be constructed using best management practices for soil erosion and sedimentation control. The use of compensating excavation or contouring; procedures to modify flood hazard limits may apply to install necessary public roadway and utilities within the flood limits to support existing and new development or to restore riparian buffer areas.
(3)All applications for permits issued by the commissioner which would allow any use or construction wholly or partly in a special flood hazard area shall include detailed plans and specifications which demonstrate that no expansion of a special flood hazard area would result from the work which would be authorized by any such permit. Any comments or require-ments endorsed on such plans and specifications or on an addendum thereto, by the commissioner shall become a part of any permit issued for the work covered by the plans and specifications and shall be enforced as are all other requirements applicable to such permit. (Ord. No. 2021-61(21-O-0719), § 1, 12-15-21)
§ 74-279
Appeal.
Sec. 74-279. Appeal.
(a)Within 30 days of the date of the denial or issuance of a city permit, aggrieved or adversely affected parties may file an appeal with the commissioner. Such appeal shall be in writing and shall include a copy of the initial denial or issuance of the permit.
(b)Upon receipt of an appeal, and for good cause, the commissioner may suspend the permit, or applicable portions thereof, pending review. Within 30 days after receipt of an appeal, the commissioner shall make a determination and shall notify the appellant.
(c)The commissioner's determination may be appealed to the Superior Court of the county where the subject property is located. Such appeal shall be filed within 30 days of the date of issuance of the commissioner's determination as provided in O.C.G.A. § 5-4-1 and will be reviewed under the standard provided by O.C.G.A. § 5013-19(h). (Ord. No. 2021-61(21-O-0719), § 1, 12-15-21)
§ 74-280
Relationship of this article to city code sections 16-23.001 et. seq.
Sec. 74-280. Relationship of this article to city code sections 16-23.001 et. seq.
(a)In acknowledgement of the requirement set forth in O.C.G.A. § 12-5-444(b)(1) which state that after the Atlanta Regional Commission's adoption of the Chattahoochee Corridor Plan (the "Corridor Plan") or any amendment thereto, that it shall be unlawful within such regulated areas for any person to engage in any landdisturbing activity which will be incompatible or inconsistent with the Corridor Plan or any amendment thereto and that proposed land or water use shall be deemed to be not in compliance therewith unless and until the city, as the governing authority of the political subdivision issues a certificate for the proposed use pursuant to Code section 12-5-445 that for the city such requirement is satisfied pursuant to the procedures set forth in city Code sections 16-23.001 et. seq., the following shall be the rules of construction for the application of those sections:
(1)Section 16-23.007 provides that "The Metropolitan River Protection Act (MRPA), Georgia Laws 1973, Act No. 66 establishes requirements and procedures supplementary to those set forth generally or for specific districts in this part as follows" and set forth certain representations about state law which are modified by section 16-23.008.
(2)Section 16-23.008 provides that to the extent that the provisions set forth in abbreviated form in section 16-23.007 ("Summary of provisions of Metropolitan River Protection Act affecting local zoning") or "other MRPA provisions, supplement or alter procedures or requirements on use of land or construction and use of buildings in the Chattahoochee [Corridor], such sections or subsections shall apply as though set forth in full herein" and thereby states that said that section 16-23.008 intends to incorporate the operation of all provisions of the Metropolitan River Protection Act, including amendments. when the same become effective and that such provisions will supersede the provisions of section 16-23.007.
(3)This article which modifies the floodplain ordinance set forth in article VI of this chapter 74 for the redevelopment area, to allow the level of activities which would otherwise be allowed by state and federal law shall be used by any city agency which bases any decision on the city's floodplain ordinance.
(Ord. No. 2021-61(21-O-0719), § 1, 12-15-21)
§ 74-281
Installation of water control infrastructure.
Sec. 74-281. Installation of water control infrastructure.
(a)As approved in the MRPA certificate, water control infrastructure installed for the purpose of restoration of the banks of Chattahoochee River, including without limitation, stormwater and floodwater control may be allowed in traditional floodplain areas if designed and constructed to minimize and mitigate impact and are designed such that there is no net loss in flood plain storage volume.
(b)Properties benefitting from the water control structures approved under the MRPA certificate may be subdivided into different ownership that can be acknowledged as separate parcels, provided that sufficient arrangements are made for the permanent maintenance of any infrastructure designed and constructed to minimize and mitigate impact on the traditional floodplain, and to reach the goal of no net loss in flood storage volume. Such arrangements shall be approved by the commissioner and recorded in the records of the Clerk of the Superior Court of Fulton County as a covenant which runs with the property and shall bind subsequent transferees.
(c)As a part of the installation of water control structures approved under the MRPA certificate, applicants shall be allowed to install limited amenity facilities in conjunction with such strucutres, including, but not limited to, educational facilities demonstrating the use of the water control structures and other restoration activities, walking trails, observation decks, and public recreation areas, which may include limited commercial activities.
(d)City approval of the transfer of any federal or state tax credits, received by any property owner for the installation of any water control structures, shall not be required. (Ord. No. 2021-61(21-O-0719), § 1, 12-15-21)
§ 74-282
Specific standards.
Sec. 74-282. Specific standards.
In all areas of the special flood hazard where base flood elevation data has been provided, the following provisions are required:
(a)Non-residential construction. The elevation of new construction or substantial improvement of any non-residential building installed as a part of any water control features shall have the lowest floor, including basement, elevated to the greater of either; three feet above the base flood elevation or two feet above the highest observed flood. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided.
(b)Ancillary structures. Ancillary structures are allowed if designed and constructed to minimize and mitigate impact on the floodplain in a manner that will not result in a net loss in flood storage volume or otherwise violate the provisions of this article or the MRPA cerfiticate.
(c)Elevated buildings. All new construction or substantial improvements of existing structures that include any fully enclosed area located below the lowest floor formed by foundation and other exterior walls shall be designed so as to be an unfinished or flood resistant enclosure. The enclosure shall be designed to equalize hydrostatic flood forces on exterior walls by allowing for the automatic entry and exit of floodwater.
(1)Basic requirements for elevating structures. The following requirements apply to the elevation of any structure within the redevelopment area:
a.Design and construction of elevated structures shall utilize methods and practices that minimize flood damage and current and future encroachment into the floodway and any historically modified floodplain;
b.The elevation of the structure's lowest floor shall be the greater of either; three feet above the base flood elevation or two feet above the highest observed flood;
c.Elevated structures shall be constructed with materials and utility equipment resistant to flood damage in accordance with FEMA Technical Bulletin "Flood DamageResistant Materials Requirements" August 2008, or as amended;
d.The area below the lowest floor of an elevated structure shall be flood resistant, unfinished, and designed with piers or wall openings to facilitate the natural flow of floodwaters under the structure;
e.The unfinished and flood-resistant area below the lowest floor shall remain unoccupied and shall only be used for parking vehicles, limited storage of maintenance equipment used in connection with the premises, or entry to the elevated area;
f.Stormwater management facilities and grease traps with backflow prevention devices that are properly designed to be isolated from flood waters may be allowed;
g.The interior portion of the area below the lowest floor shall not be partitioned or finished into separate rooms; provided however, the minimum area necessary for access to upper floors may be finished with flood damage-resistant materials in accordance with FEMA Technical Bulletin "Flood Damage-Resistant Materials Requirements" August 2008, or as amended;
h.Elevated structures shall be anchored to prevent flotation, collapse or lateral movement of the structure;
i.Heating and air conditioning equipment and components (including ductwork), electrical, ventilation, plumbing equipment (including water heater), and other service facilities shall be located at least three feet above the base flood elevation or two feet above the highest observed flood (whichever is greater) to prevent water from entering or accumulating within the components during conditions of flooding;
j.Designs for complying with the requirements of this article shall be certified by either a professional engineer or architect;
k.Landings and stairs that allow for the natural flow of floodwaters will be allowed for minimum entry access;
l.If the proposed elevated structure is located in multiple flood zones or if multiple base flood elevations cross the site, the higher or most protective base flood elevation shall take precedence;
m.The design shall provide for the drainage of floodwaters in not less than 72 hours pursuant to FEMA Technical Bulletin 1 (August 2008); and
n.A file-stamped copy of an elevation certificate filed in the land records of the county in which the property is located shall be submitted to the commissioner prior to the issuance of a certificate of occupancy. This elevation certificate shall be prepared by a licensed surveyor and shall document the elevation of the lowest floor relative to mean sea level and compliance with the ordinance.
(Ord. No. 2021-61(21-O-0719), § 1, 12-15-21)
§ 74-283
Installation of trails and trail structures.
Sec. 74-283. Installation of trails and trail structures.
Trails and trail structures, including elevated walkways and observation, is specifically allowed if permitted by a MRPA certificate. (Ord. No. 2021-61(21-O-0719), § 1, 12-15-21)
§ 74-284
Relationship to other laws.
Sec. 74-284. Relationship to other laws.
This article is intended to comply with the National Flood Insurance Act of 1968, as amended (42 U.S.C. 4001 et seq.) which was enacted to mitigate and reduce the nation's comprehensive flood risk through the development and implementation of federal floodplain management standards, and to implement the requirements of the Metropolitan River Protection Act ("MRPA"), codified at O.C.G.A. § 12-5-440 et. seq. Words and phrases used in this article which are defined in the National Flood Insurance Program rules and regulations codified at 44 C.F.R. § 59.1 et seq. and effective December 1, 1976 (41 FR 46968 et seq.), and as they may be revised, shall have the meanings set out in such rules and regulations unless the context in which such words or phrases are used in this article clearly imports a different meaning, or unless otherwise defined herein. (Ord. No. 2021-61(21-O-0719), § 1, 12-15-21)
§ 74-285
Severability.
Sec. 74-285. Severability.
If the provisions of any section, subsection, paragraph, subdivision or clause of this ordinance shall be adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision or clause of this ordinance. (Ord. No. 2021-61(21-O-0719), § 1, 12-15-21)
Secs. 74-286—74-299. Reserved.
ARTICLE VII. RIPARIAN BUFFER REQUIREMENTS
§ 74-300
Title, authority, and purpose.
Sec. 74-300. Title, authority, and purpose.
(a)Title. This article may be cited as the "City of Atlanta Riparian Buffer Ordinance."
(b)Authority. This article is enacted pursuant to the city's authority under Ga. Const. Art. IX, § II (Home Rule and supplementary powers); O.C.G.A. § 36-35-1 et seq. (Municipal Home Rule powers); Atlanta City Charter §§ 1-102(b), 1-102(c)(42), and 1-102(c)(46); and to implement the requirements of the Metropolitan North Georgia Water Planning District Act, O.C.G.A. § 12-5-570 et seq.
(c)Purpose. The purpose of this article is to maintain stream water quality and protect water resources by protecting buffer areas along the streams and wetlands of the city; to minimize development within such buffers by requiring authorization for any development; to provide additional protection for streams and wetlands within the city beyond the buffer areas mandated by the State of Georgia; to minimize public and private losses due to erosion, siltation, and water pollution; and to promote the safety, health, peace, and general welfare of the city and its inhabitants. (Ord. No. 2001-100, § 3, 12-11-01; Ord. No. 2002-21, § 3, 3-26-02; Ord. No. 2010-13(10-O0058), § 1, 4-27-10)
§ 74-301
Findings and applicability.
Sec. 74-301. Findings and applicability.
(a)Findings. The City of Atlanta finds that buffers adjacent to streams and wetlands are beneficial to water quality because they:
(1)Protect, restore, and maintain the chemical, physical and biological integrity of streams and their water resources;
(2)Improve surface water, urban stormwater runoff, and groundwater quality by filtering pollutants, nutrients, sediment, and other contaminants;
(3)Reduce erosion and sedimentation;
(4)Protect and stabilize stream banks and stream channels;
(5)Maintain base flow of streams by aiding in groundwater recharge, and thereby protect dry weather low flows in streams;
(6)Contribute organic matter that is a source of food, energy, and habitat for the aquatic ecosystem;
(7)Provide tree canopy to shade streams and promote desirable aquatic habitat including but not limited to the moderation of water temperature in streams;
(8)Provide and protect riparian wildlife habitat and wildlife migration corridors;
(9)Offer educational and recreational opportunities; and
(10)Protect greenspace.
Therefore, the city finds that the protection of the streams, wetlands, and the areas adjacent to them is vital to the safety, health, peace, and general welfare of the city and its inhabitants.
(b)Applicability. This article shall apply to both public and private property within the city. This article shall be administered in its entirety by the department of watershed management unless otherwise specified herein. (Ord. No. 2001-100, § 3, 12-11-01; Ord. No. 2002-21, § 3, 3-26-02; Ord. No. 2010-13(10-O0058), § 2, 4-27-10)
§ 74-302
Definitions.
Sec. 74-302. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(1)Authorized encroachment means development in the buffer authorized by the technical panel allowing an activity otherwise prohibited by this article.
(2)Applicant means the person who applies for an authorized encroachment and who must be the owner of the real property containing the buffer or an authorized agent of the owner.
(3)Best management practices (BMPs) means a collection of sound conservation and engineering practices, and vegetative measures to prevent or minimize erosion and resultant sedimentation, which are consistent with, and no less stringent than, those practices contained in the Manual for Erosion and Sediment Control in Georgia, as referenced in section 74-302(16).
(4)Buffer means the area of land lying adjacent to a wetland or stream in which development is prohibited or limited as more particularly set out in section 74-303.
(5)City means City of Atlanta.
(6)Commissioner means the commissioner of the department of watershed management or a designee.
(7)Department means the department of watershed management or its successor agency.
(8)Development means any human-made change to improved or unimproved property that includes, but is not limited to, construction of buildings or other structures, mining, dredging, filling, clearing and grubbing, clearing, grading, paving, installation of impervious cover, excavation or drilling, storage of equipment or materials, or any construction activity.
(9)Effective date means the date of adoption by city council and approval by the mayor of the Riparian Buffer Ordinance on December 11, 2001.
(10)EPD means the Environmental Protection Division of the State of Georgia Department of Natural Resources.
(11)Existing lot means a parcel of land that was both:
(i)approved by the director of the bureau of planning or incorporated in the city's official cadastral maps prior to the effective date, or approved later than the effective date but was initiated by an application for subdivision completed and filed on or before May 25, 2001, with all necessary supporting documentation according to the Atlanta City Code, and
(ii)recorded in the records of the Clerk of the Superior Court of Fulton or DeKalb County.
(12)Extreme hardship means a unique or special condition more particularly set out in section 74-306(b)(3) proposed by an applicant as grounds for the grant of an authorized encroachment on a new lot.
(13)Georgia Stormwater Management Manual means the guide, First Edition (August 2001 or as updated), published by the Atlanta Regional Commission and adopted by reference in section 74-508 of the Atlanta City Code, and commonly referred to as the "Blue Book." The Georgia Stormwater Management Manual is currently available from the Metropolitan North Georgia Water Planning District (http:// www northgeorgiawater.com or http:// www georgiastormwater.com).
(14)Hardship means a unique or special condition, more particularly set out in section 74-306(a)(1), and not to include lesser property value by comparison to properties in the vicinity, proposed by an applicant as grounds for the grant of an authorized encroachment.
(15)Impervious cover or surface means any paved, hardened, or structural surface, regardless of material. Impervious cover or surface includes, but is not limited to buildings, rooftops, driveways, streets, roads, parking lots, swimming pools, dams, gaming courts, decks, any concrete or asphalt, and any other surfaces or structures that will substantially reduce or prevent the infiltration of water.
(16)Manual for Erosion and Sedimentation Control in Georgia means the guide published by the Georgia Soil and Water Conservation Commission specified in O.C.G.A. § 12-7-6(b) and adopted by reference in section 74-40(a) of the Atlanta City Code and commonly referred to as the "Green Book." The Manual for Erosion and Sedimentation and Control in Georgia is currently available from the Georgia Soil and Water Conservation Commission (http://www.gaswcc.org).
(17)Mitigation means measures undertaken to protect, restore, or enhance a stream, wetland, or buffer in order to compensate for or reduce the adverse impacts of development within a stream, wetland, or buffer, and more particularly set out in section 74-306(d).
(17.1) Multi-family residential development means a building containing three or more dwelling units whether or not the building is for a mixed-use.
(18)New lot means a parcel of land that:
(i)was approved by the director of the bureau of planning after the effective date, and was not initiated by an application for subdivision completed and filed on or before May 25, 2001, and;
(ii)is recorded in the records of the Clerk of the Superior Court of Fulton or DeKalb County.
(19)Normal stream flow means any stream flow that consists of base flow during any period of the year under normal meteorological conditions. Base flow results from groundwater that enters the stream channel through sub-surface flow and includes spring flows into streams. Base flow does not include surface water entering stream channels immediately after precipitation.
(20)On-site sewage management system means a system that includes a septic tank, absorption field and any other elements intended to be used for management and disposal of sewage on-site, as specified in GA Comp. R. & Regs. § 290-5-26-.02(gg) and as regulated by O.C.G.A. §§ 12-5-20 et seq.
(20.1) Redevelopment means a development project on a previously developed site.
(21)Stream means any watercourse that sustains normal stream flow during any period of the year under normal meteorological conditions.
(22)Stream channel means the portion of a watercourse in a well-defined channel that contains the base flow of the stream.
(23)Technical panel means at least three department of watershed management staff professionals designated by the commissioner in accordance with section 74-307 who hold periodic meetings, develop procedures, make determinations, and maintain the public record in order to process applications for authorized encroachments.
(24)Waters of the state means any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, and other bodies of surface or subsurface water, natural or 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, as provided by O.C.G.A. § 12-7-3(16).
(25)Well means an excavation or constructed opening into the ground from which groundwater is sought or obtained.
(26)Wetlands means those areas, delineated in accordance with the U.S. Army Corps of Engineers Wetlands Delineation. Manual, 1987 as amended that under normal conditions contain hydric soils, hydrophytic vegetation, and hydrologic conditions reflecting temporary or permanent inundation or saturation by surface or ground water. Wetlands generally include swamps, marshes, bogs, and similar areas and typically support a prevalence of vegetation adapted for life in saturated soil conditions.
(27)Wrested vegetation, point of means that point at the edge of a stream where vegetation has been moved or wrested as a result of normal stream flow or wave action.
(Ord. No. 2001-100, § 3, 12-11-01; Ord. No. 2002-21, § 3, 3-26-02; Ord. No. 2010-13(10-O0058), § 3, 4-27-10; Ord. No. 2012-01(11-O1840), § 3, 1-26-12; Ord. No. 2022-37(22-O1714), § 1, 10-26-22)
§ 74-303
Buffer requirements.
Sec. 74-303. Buffer requirements.
From and after the effective date of this ordinance, no person shall conduct development within the buffers set out as follows:
(a)City of Atlanta Stream Buffer. Streams shall have a 75-foot, natural, undisturbed, vegetative buffer measured perpendicularly and horizontally on both sides of the stream from the point of wrested vegetation.
(b)City of Atlanta Wetlands Buffer. Wetlands shall remain in their natural state and shall have a minimum 25-foot, natural, undisturbed, vegetative buffer measured horizontally and perpendicularly on all sides of the wetland (where applicable) from the edge of the wetland as determined and delineated in accordance with section 74-401 et seq. of the Atlanta City Code. Wetlands lying in part or in whole within a stream buffer shall have a buffer that includes the extent of the wetland within the stream buffer, plus the wetland buffer.
(c)Water Supply Watershed Buffer. The water supply watershed buffer applies to streams that are both tributary to a water supply and within a seven-mile radius of the boundary of a reservoir. A map of the Water Supply Watershed Buffer (which currently consists of the Long Island Creek Basin) shall be maintained for public inspection in the department of watershed management. The following buffer requirements shall apply from and after January 13, 2009:
(1)A natural, undisturbed vegetative buffer shall be maintained for a distance of 100 feet measured perpendicularly and horizontally on both sides of the stream from the point of wrested vegetation.
(2)No impervious surfaces or on-site sewage management systems shall be constructed within a distance of 150 feet measured perpendicularly and horizontally on both sides of the stream from the point of wrested vegetation.
(d)Waters of the State Buffer. As required by O.C.G.A. § 12-7-6 and section 74-43(c)(15) of the Atlanta City Code, waters of the state not otherwise covered by this article shall have a 25-foot, natural, undisturbed, vegetative buffer measured perpendicularly and horizontally from the point of wrested vegetation.
(e)Measuring of buffers. For purposes of measuring buffers set out in this section, if wrested vegetation is not present due to a human-made modification, removal, or replacement of the stream bank with a structure (e.g. concrete lining, gabions, retaining wall, or rip rap), the buffer shall be measured from the top of the structure or point of modification or removal. (Ord. No. 2001-100, § 3, 12-11-01; Ord. No. 2002-21, § 3, 3-26-02; Ord. No. 2010-13(10-O0058), § 4, 4-27-10; Ord. No. 2012-01(11-O1840), § 4, 1-26-12)
§ 74-304
Stream crossing requirements.
Sec. 74-304. Stream crossing requirements.
Construction or repair of structures that cross streams, including but not limited to those exempt under section 74-305, shall be subject to the following:
(a)A hydraulic analysis prepared, signed, and sealed by an engineer registered to practice in the State of Georgia is required for any proposed stream crossing. The analysis shall demonstrate that the proposed crossing will not adversely impact upstream and downstream properties during a 100-year flood; and
(b)Free-span techniques shall be employed to prevent blockage or constriction of natural drainage ways; and
(c)Approximately perpendicular crossing angles shall be employed; provided, however, crossings shall be aligned to minimize buffer disturbance to the maximum extent practicable; and
(d)Best management practices shall be utilized, stream banks shall be properly stabilized, and buffers shall be vegetated in accordance with the City of Atlanta Buffer Revegetation Guidelines.
(Ord. No. 2001-100, § 3, 12-11-01; Ord. No. 2002-21, § 3, 3-26-02; Ord. No. 2010-13(10-O0058), § 5, 4-27-10)
§ 74-305
Exemptions.
Sec. 74-305. Exemptions.
Subject to protection of the buffer to the maximum extent practicable and compliance with stream crossing requirements set out in section 74-304, the construction, operation, and maintenance of the following are exempt from the authorized encroachment requirements of section 74-306:
(a)Existing public streets, utilities, and related appurtenances;
(b)Stream crossings for public or private utility lines, and for streets and stormwater infrastructure and related appurtenances required to be dedicated to the city;
(c)Public drinking water, public wastewater, and public stormwater infrastructure and related appurtenances and treatment facilities;
(d)Multi-use trails, pedestrian bridges, and associated appurtenances listed in the City of Atlanta Comprehensive Development Plan; provided, however, section 74-306(d) shall apply;
(e)A single driveway necessary to provide access to an existing lot;
(f)Environmental monitoring and remediation activities such as water quality monitoring, stream gauging activities, and soil and groundwater monitoring or remediation;
(g)Removal of dead, dying, diseased, or hazardous trees, provided, however, no grading or stump removal shall be conducted, and such removal is authorized by the city arborist pursuant to section 158-26 et seq. of the Atlanta City Code;
(h)Removal without replacement of existing impervious cover from the buffer; and
(i)Activities on owner-occupied. singlefamily, residential lots to protect, restore, or enhance stream bank stability, vegetation, water quality, or aquatic habitat, or minor land disturbing activities as set out in O.C.G.A. § 12-7-17(3); provided, however, no grading shall be conducted.
(Ord. No. 2001-100, § 3, 12-11-01; Ord. No. 2002-21, § 3, 3-26-02; Ord. No. 2010-13(10-O0058), § 6, 4-27-10)
§ 74-306
Authorized encroachments.
Sec. 74-306. Authorized encroachments.
The technical panel may authorize an encroachment to allow development within the buffer upon a showing by the applicant that due to site-specific conditions, the buffer required by this article would result in a hardship or extreme hardship; provided however, the grant of such encroachment shall require mitigation such that post-development conditions are at least as protective of water quality as pre-development conditions and as otherwise required by subsection (d).
An authorized encroachment may be granted in accordance with the following:
(a)Existing lots of record. In addition to the requirements set out in (c), (d) and (e) of this section, the technical panel may grant an authorized encroachment subject to the requirements of this article on existing lots of record (as defined herein):
(1)The technical panel may grant an authorized encroachment subject to the requirements of this ordinance when literal enforcement of the required buffer would result in a hardship, and no reasonable alternative to an authorized encroachment exists; and
(2)No authorized encroachment shall be granted to an existing lot of record that allows for development unless it is a redevelopment that meets the requirements of subsection 74-306(a)(3) of this article or a single- or two-family residential development; and
(3)No authorized encroachment shall be granted for redevelopment of an existing lot of record unless the redevelopment:
(i)Results in a net reduction of the buffer encroachment from the existing condition, the redevelopment is designed to minimize the degree and impact of the encroachment, and the result of redevelopment is an overall improvement of buf-fer's ability to provide water quality and other environmental benefits, or
(ii)Is for the purpose of multifamily residential development and the proposed encroachment is located in the outermost 25 feet of the buffer, the redevelopment is designed to minimize the degree and impact of the encroachment, and the result of redevelopment is an overall improvement of buffer's ability to provide water quality and other environmental benefits.
(b)New lots of record. In addition to the requirements set out in (c) and (d) of this subsection, no authorized encroachment shall be granted to a new lot of record except in the case of an extreme hardship. An extreme hardship shall be based upon on a showing by the applicant (set out more particularly in section 74-308) that no reasonable alternative for compliance exists and denial of such authorized encroachment would result in one of the following:
(1)Non-compliance with applicable state or federal regulatory law, including, in particular, the Americans with Disabilities Act of 1990; or
(2)Severe and unavoidable hazard to public health or safety; or
(3)Severe and unavoidable harm to the environment;
Provided, however, neither lesser property value by comparison to properties in the vicinity, nor compliance with this or other applicable ordinances shall constitute grounds for extreme hardship.
(c)All lots of record. The following are applicable to all authorized encroachments.
(1)Authorized encroachments shall not be granted that reduce the buffer to a width less than the minimum standards established by O.C.G.A. §§ 12-2-8, 12-7-6, or federal law.
(2)Authorized encroachments shall not be granted for a distance, location, or activity that is greater than necessary to alleviate a hardship or extreme hardship imposed by a strict application of this article.
(3)Actions of a property owner that have created a hardship or extreme hardship shall not constitute grounds for granting an authorized encroachment.
(4)The granting of a zoning variance shall not create a right to an exemption under section 74-305 or the grant of an authorized encroachment under section 74-306.
(5)Authorized encroachments shall not be granted for wells, on-site sewage management systems, detention ponds, or underground stormwater detention facilities, except upon a showing by the applicant of an extreme hardship as set out in section 74-306(b)(3).
(6)Authorized encroachments shall not be granted for impervious gaming courts.
(7)Authorized encroachments shall be designed to maximize the area of the buffer where sheet flow discharge of stormwater occurs. The sheet flow of stormwater through the entire buffer shall be the goal of the design. However, where redirection of stormwater is necessary for drainage control, vegetated swales shall be utilized where practicable.
(d)Mitigation generally. Mitigation shall be required as a condition for the grant of an authorized encroachment in order to ensure that post-development conditions are at least as protective of water quality as pre-development conditions. Mitigation shall be proposed by the applicant in accordance with guidance prepared by the department of watershed management that shall include, at a minimum, the following options:
(1)Stormwater quality improvement measures or stormwater quantity reduction measures as specified by the Georgia Stormwater Management Manual;
(2)Stream or wetland restoration;
(3)Buffer revegetation as specified in the City of Atlanta Buffer Revegetation Guidelines, which shall be maintained by the department of watershed management and available for public inspection;
(4)Reduction of run-off beyond predevelopment levels;
(5)Removal of existing impervious surfaces;
(6)Buffer compensation; or
(7)Green Infrastructure or low impact development practices designed in accordance with the Coastal Stormwater Supplement of the Georgia Stormwater Management Manual.
(e)Mitigation for certain multifamily residential development. Multifamily residential development referred to in subsection (a)(3)(ii) shall comply with the following mitigation requirements, in addition to the mitigation required in (d) above:
(1)Exceed the minimum post-development stormwater runoff reduction or water quality protection measures referred to in section 74-513 of the Atlanta City Code by a minimum of 50 percent; and
(2)Onsite streams and wetlands must be restored to their natural state.
(Ord. No. 2001-100, § 3, 12-11-01; Ord. No. 2002-21, § 3, 3-26-02; Ord. No. 2010-13(10-O0058), § 7, 4-27-10; Ord. No. 2012-01(11-O1840), §§ 1, 2, 5, 1-26-12; Ord. No. 2022-37(22O-1714), § 2, 10-26-22)
§ 74-307
Technical panel.
Sec. 74-307. Technical panel.
The commissioner shall designate a technical panel for the review and processing of applications for authorized encroachments. The technical panel shall be comprised of at least three staff professionals in the department of watershed management certified by the Georgia Soil and Water Conservation Commission pursuant to O.C.G.A. § 12-7-19 in the field of pollution, erosion, and sedimentation control at the plan reviewer level (Level II). Technical panel members shall serve for a period of two years renewable by the commissioner, and should have expertise in the following areas: stream buffer revegetation, erosion and sedimentation control, stream and wetland restoration, mitigation (as defined herein), and riparian habitat restoration. The technical panel shall meet not less than once monthly, shall develop procedural rules, maintain a docket, and make records available for review upon request. (Ord. No. 2001-100, § 3, 12-11-01; Ord. No. 2002-21, § 3, 3-26-02; Ord. No. 2010-13(10-O0058), § 8, 4-27-10)
§ 74-308
Contents of an application for an authorized encroachment.
Sec. 74-308. Contents of an application for an authorized encroachment.
(a)Applicants shall apply for an authorized encroachment on a form supplied by the department and in a format specified by the department. An application shall include, at a minimum, the following showings by the applicant:
(1)Documentation that the lot was recognized by the city either on or before the effective date of this ordinance (as defined herein), or after the effective date of this ordinance;
(2)A written description of the project, including details of the buffer disturbance
(3)Documentation of hardship or extreme hardship should the authorized encroachment application be denied;
(4)Alternative plans which attempt to meet the same development goals as the original site plan while preventing buffer intrusion, and an explanation of why the alternative development is not feasible;
(5)Demonstration that impact to the stream buffer will be minimized and that impact only occurs to the extent necessary to remove a hardship or extreme hardship;
(6)Signature of the applicant; and
(7)A site plan that depicts the physical characteristics of the property, including, at a minimum, the following:
(i)Waters of the state, streams, wetland delineation, floodplain boundaries, other natural features, and all buffers as determined by a field survey;
(ii)Property boundaries, size, existing and proposed topography, slopes, soil types, vegetation, and other relevant physical characteristics of the property;
(iii)Locations of both existing and proposed structures, utilities, stormwater facilities, impervious surfaces, and the boundaries of the area of soil disturbance both inside and outside of the buffer. The area of the buffer to be impacted shall be accurately and clearly delineated, and shall show the total area and length of buffer disturbance;
(iv)Erosion and sedimentation control measures in accordance with the Manual for Erosion and Sediment Control in Georgia to prevent the migration of sediment into streams, wetlands, or waters of the state;
(v)100-year flood components for all streams with elevations and contour locations as they cross the property. Where 100-year flood elevations have been determined by the Federal Emergency Management Agency Flood Insurance Rate Maps, or where other studies deemed acceptable by the department exist, those elevations shall be used. In areas that have not been studied by the Federal Emergency Management Agency as shown on flood insurance rate maps, the technical panel may require a 100-year flood study prepared in accordance with Atlanta City Code Chapter 74, Article V, and prepared by a professional engineer or hydrogeologist currently licensed in the State of Georgia;
(vi)Proposed mitigation for the buffer disturbance in accordance with section 74-306(d).
(b)The technical panel may require other information deemed necessary to evaluate an application including, but not limited to, engineering analysis of stream dynamics, cross sections and profiles, details of proposed mitigation, and modifications to site plans.
(c)The applicant shall certify that all information provided in the application and all supporting documentation is true and correct. The omission or misrepresentation of material fact in connection with the application shall be grounds for denial.
(Ord. No. 2001-100, § 3, 12-11-01; Ord. No. 2002-21, § 3, 3-26-02; Ord. No. 2010-13(10-O0058), § 9, 4-27-10; Ord. No. 2022-37(22-O1714), § 3, 10-26-22)
§ 74-309
Technical review.
Sec. 74-309. Technical review.
Within 30 days of receipt of a substantially complete application, the technical panel shall conduct a technical review, which shall include, at a minimum, an evaluation of the following:
(a)Whether the application meets the requirements of section 74-308 and provides sufficient information to proceed with review;
(b)Whether the application contains a disqualifying characteristic that makes the applicant ineligible for an authorized encroachment;
(c)Whether the proposed encroachment is on a wetland, 100-year floodplain, or other location that is inappropriate for development;
(d)Whether the property owner has demonstrated a hardship or an extreme hardship;
(e)Whether, in light of the showings by the applicant required by section 74-308, the applicant has demonstrated that the location and extent of the proposed buffer encroachment has been minimized;
(f)Whether alternative designs are possible which require less intrusion or no intrusion;
(g)Whether, in light of the mitigation proposed by the applicant in accordance with section 74-306(d), the post-development conditions will be at least as protective of water quality as pre-development conditions;
(h)Whether the proposed development meets all other requirements of this ordinance; and
(i)Whether the property to be affected by the authorized encroachment has no reasonable use given, but not limited to, the current zoning if the authorized encroachment is denied.
Upon completion of technical review, the technical panel shall either request modifications, or in the event compliance with the applicable criteria is not possible, deny the application for authorized encroachment. (Ord. No. 2001-100, § 3, 12-11-01; Ord. No. 2002-21, § 3, 3-26-02; Ord. No. 2010-13(10-O0058), § 10, 4-27-10; Ord. No. 2022-37(22-O1714), § 4, 10-26-22)
§ 74-310
Public notice of application, public comment, and maintenance of public record.
Sec. 74-310. Public notice of application, public comment, and maintenance of public record.
Public notice and the opportunity for public comment is required as a condition for the grant of an authorized encroachment. The purpose of public notice and comment is to provide an opportunity for public input and engagement on the proposed encroachment, and to provide the technical panel with relevant information consistent with the requirements of this ordinance.
(a)Public comment. The public may comment on any application for an authorized encroachment during the pendency of the application. Public comments may be submitted in writing to the attention of the riparian buffer technical panel in the department of watershed management or may be made during a hearing at which the technical panel considers the application. Public comments shall be timely and must identify the application to which they pertain. Public comments shall be made part of the application file.
(b)Public notice. The applicant shall notify the public of the application for an authorized encroachment in accordance with this section. The technical panel is authorized to develop standards and procedures for posting of notice, which shall, at a minimum, include the following:
(1)The applicant shall notify all owners of real property adjoining the stream or wetland for a distance of 200 feet upstream and 500 feet downstream as measured from the property line contiguous to the stream or wetland that an authorized encroachment is being requested. The notice shall be sent via U.S. mail, shall contain a copy of the application and the information listed in section 74-310(c), and shall be postmarked within 14 days of the date the application is submitted; and
(2)The applicant shall notify the chairperson of the NPU in which the subject property is located that an authorized encroachment is being requested. The notice shall be sent via U.S. mail, shall contain a copy of the application and the information listed in section 74-310(c), and shall be postmarked within 14 days of the date the application is submitted; and
(3)The city shall post a sign on the property for which the authorized encroachment is being sought in accordance with the following specifications:
(i)Post one sign adjacent to each street the property abuts for every 600 feet of frontage;
(ii)The sign shall contain the words "stream buffer encroachment" in letters not less than three inches high;
(iii)The sign shall be legible and posted in a conspicuous place on the property so it can be easily viewed from the public street on which the property fronts;
(iv)The sign shall be at least one and one-half feet by two feet;
(v)The sign shall contain all information in section 74-310(c); and
(vi)The sign shall remain in place for a minimum of 30 consecutive calendar days.
(c)Notice contents. The notice required by subsections (b)(1) and (2) shall include the following information:
(1)The property address where the encroachment is being proposed;
(2)The scope of the proposed encroachment;
(3)The authorized encroachment application number;
(4)The location where plans may be reviewed and that comment may be submitted during the pendency of the application or during a hearing at which the technical panel considers the application; and
(5)The current address and contact information, including phone number and email address, for the riparian buffer technical panel, department of watershed management.
(d)Certification. Upon completion of public notice required by subsections (b)(1) and (2), the applicant shall certify to the technical panel that all public notification requirements have been fulfilled and shall provide documentation of compliance including, but not limited to, copies of required letters. (Ord. No. 2001-100, § 3, 12-11-01; Ord. No. 2002-21, § 3, 3-26-02; Ord. No. 2010-13(10-O0058), § 11, 4-27-10; Ord. No. 2012-01(11-O1840), § 6, 1-26-12; Ord. No. 2022-37(22-O1714), § 5, 10-26-22)
§ 74-311
Processing of applications for authorized encroachments.
Sec. 74-311. Processing of applications for authorized encroachments.
(a)Public comment. When determining the application, the technical panel shall determine whether public notice was completed in accordance with section 74-310.
(b)Determination. After due consideration of public comments, the technical panel shall issue a determination and notify the applicant of the determination in writing. The technical panel may make findings of fact and conclusions to support its determination. The technical panel may take any of the following actions on an application for an authorized encroachment:
(1)Issue the authorized encroachment as requested in the application;
(2)Issue an authorized encroachment with written, site-specific conditions necessary to ensure conformity to the requirements and stated intent of this article; or
(3)Deny the application.
(c)Expiration. An application shall expire when there has been no activity on the application for a period of 180 days. With respect to an application not approved for issuance of an authorized encroachment, "no activity" shall mean that the applicant has not responded to the technical panel's notification that additional information or corrections are required before further processing of the application can take place.
(d)Term. An authorized encroachment may be transferred to subsequent property owners; provided, however, changes to the site plan as set out in section 74-308(a)(7) require resubmission of the application. The authorized encroachment shall expire if a building permit is not issued for the proposed encroachment within 30 months of the date the encroachment is granted. (Ord. No. 2001-100, § 3, 12-11-01; Ord. No. 2002-21, § 3, 3-26-02; Ord. No. 2010-13(10-O0058), § 12, 4-27-10; Ord. No. 2022-37(22-O1714), § 6, 10-26-22)
§ 74-312
Notice of disposition.
Sec. 74-312. Notice of disposition.
(a)Following the grant of an authorized encroachment, the applicant shall notify each of the following parties of the technical panel's determination under section 74-311(b) via certified mail return receipt requested within ten calendar days of receipt of notice:
(1)All property owners notified pursuant to section 74-310(b)(1); and
(2)The chairperson of the NPU in which the subject property is located.
(b)The notice required by section 74-312(a) above shall state the technical panel's determination, the location where the application and related records are available for inspection, and the deadline for appeal as set out in section 74-313(a). (Ord. No. 2001-100, § 3, 12-11-01; Ord. No. 2002-21, § 3, 3-26-02; Ord. No. 2010-13(10-O0058), § 13, 4-27-10)
§ 74-313
Appeal.
Sec. 74-313. Appeal.
(a)Within 30 days of the date of issuance of a determination by the technical panel, aggrieved or adversely affected parties may file an appeal with the commissioner. Such appeal shall be in writing and shall include a copy of the technical panel's determination.
Appellants shall submit a copy of the appeal to the technical panel. Upon receipt of an appeal and for good cause, the commissioner may suspend the authorized encroachment pending review. Within 30 days after receipt of an appeal, the commissioner shall make a determination and notify the appellant.
(b)The commissioner's determination may be appealed to the superior court of the county where the subject property is located. Such appeal shall be filed within 30 days of the date of issuance of the commissioner's determination as provided in O.C.G.A. § 5-4-1 and will be reviewed under the standard provided by O.C.G.A. § 5013-19(h). (Ord. No. 2001-100, § 3, 12-11-01; Ord. No. 2002-21, § 3, 3-26-02; Ord. No. 2010-13(10-O0058), § 14, 4-27-10)
§ 74-314
Relationships to other laws and regulations.
Sec. 74-314. Relationships to other laws and regulations.
(a)Relationship to O.C.G.A. §§ 12-2-8 and 12-7-6.
(1)The City of Atlanta Stream Buffer shall overlay the state waters buffer recognized by section 74-43(c)(15) of the Atlanta City Code, and created by O.C.G.A. §§ 122-8 and 12-7-6. If an applicant applies to EPD for a state waters buffer variance under O.C.G.A. § 12-7-6, the applicant must also apply with the city for an authorized encroachment, and these applications may be considered concurrently.
(2)No provision of this article shall be interpreted as relaxing or exempting any requirement of O.C.G.A. §§ 12-2-8 or 12-7-6. The technical panel shall not grant an authorized encroachment to stream buffers otherwise regulated by the Environmental Protection Division, Department of Natural Resources, State of Georgia pursuant to O.C.G.A. § 12-2-8 absent the grant of a stream buffer variance from EPD.
(3)Receiving a stream buffer variance from EPD from the operation of O.C.G.A. § 127-6 is not grounds for the technical panel to grant a similar authorized encroachment.
(b)Relationship to the Metropolitan River Protection Act. No provision of this article shall be interpreted as relaxing or exempting any requirement of the Metropolitan River Protection Act, O.C.G.A. § 12-5-453. Further, the requirements of this article are intended to fulfill the requirements of the Metropolitan River Protection Act, O.C.G.A. § 12-5-453, which mandate that local jurisdictions adopt regulations governing the use of all land which is in the drainage basin of any tributary flowing into the Chattahoochee River Corridor (2,000-foot Chattahoochee River Corridor), which at a minimum, include buffer areas of adequate width as determined by local governing authorities along all flowing streams in the drainage basin of any tributary, in which buffer areas there shall be no development.
(c)Relationship to Chapter 74 Article VIII of the Atlanta City Code (Wetland Protection Regulation).
(1)The technical panel shall not grant an authorized encroachment allowing development in a wetland under the jurisdiction of the United States Army Corps of Engineers pursuant to § 404 of the Clean Water Act absent the grant of a United States Army Corps of Engineers permit.
(2)No section of this article shall be interpreted as relaxing or exempting any requirements of section 74-401 et seq. of the Atlanta City Code, § 404 of the Clean Water Act, or any jurisdictional wetland disturbance permitting procedures under the jurisdiction of the United States Army Corps of Engineers.
(3)The City of Atlanta Wetland Buffer shall overlay any buffers or other protections that may be required by federal law. If an applicant applies to the Department of the Army for a wetland disturbance permit, the applicant must also apply with the city for an authorized encroachment, and these applications may be considered concurrently. Receiving a United States Army Corps of Engineers permit is not grounds for the technical panel to grant a similar authorized encroachment.
(d)Relationship to O.C.G.A., 12-5-570 et seq. The water supply watershed buffer is adopted, effective January 13, 2009, pursuant to O.C.G.A. § 12-5-570 et seq. and GA Comp. R. & Regs. §§ 391-3-16.01 et seq.
As required by O.C.G.A. § 12-5-570 et seq., from and after January 13, 2009, new facilities located within seven miles of a water supply intake or water supply reservoir that handle hazardous materials of the types and amounts determined by the Department of Natural Resources, State of Georgia, shall perform their operations on impermeable surfaces having spill and leak collection systems as prescribed by the Department of Natural Resources, State of Georgia.
(e)Relationship to Chapter 74 Article II of the Atlanta City Code (Soil Erosion and Sedimentation Control). Erosion and sedimentation control best management practices as set forth in Chapter 74 Article II of this Code shall be implemented to prevent the migration of any sediment into a stream, wetland, waters of the state, or buffer, if such practices are not already required by this or other ordinances.
(f)Relationship to plat approval process for lot creation. No new lot shall be created, and the commissioner shall not approve any preliminary or final subdivision plat, that requires an authorized encroachment in order to comply with minimum lot development requirements as set out in section 74-306(b)(1) or section 74-306(b)(2), or in Parts 15 and 16 of the City of Atlanta Land Development Code. In addition, the following requirements shall apply:
(1)All riparian buffers shall be shown on the plat;
(2)For any new development, the riparian buffer shall be physically delineated in accordance with City of Atlanta Buffer Revegetation Guidelines.
(g)Conflict with other laws. No section of this ordinance shall be interpreted as relaxing or exempting any requirements of Chapter 74 Article II, Chapter 74 Article VI, or Chapter 158 Article II of the Atlanta City Code. In the event of a conflict between or among any provisions of this article, or any other laws, regulations, or policies, the requirements that are most protective of water quality shall apply. Violation of this article shall not preclude the prosecution of a violation of other sections of this Code which may apply.
(h)Liability. Neither the issuance of a building permit nor compliance with this article shall relieve any person from civil liability to any person or property otherwise imposed by law, or constitute the assumption of such liability. (Ord. No. 2001-100, § 3, 12-11-01; Ord. No. 2002-21, § 3, 3-26-02; Ord. No. 2009-01(08-O2281), § 1, 1-13-09; Ord. No. 2010-13(10-O0058), § 15, 4-27-10; Ord. No. 2022-37(22-O1714), § 7, 10-26-22)
§ 74-315
Nonconformities.
Sec. 74-315. Nonconformities.
Structures, or impervious surfaces, existing as of the effective date of this article, and as amended, shall be deemed existing nonconforming for the purposes of this article. No structure or impervious surface shall be horizontally expanded to occupy greater land area inside the buffer; altered in a manner that changes the quantity, velocity, or quality of stormwater runoff; or moved in whole or in part to any other portion of the buffer without an authorized encroachment. Any replacement or reconstruction activity within the buffer shall occur within the original footprint or shall require compliance with the provisions of this article. No authorized encroachment is required by this article for repairs, restoration, and renovation performed upon existing structures and impervious surfaces which are considered to be existing nonconforming as of the effective date of this article. (Ord. No. 2001-100, § 3, 12-11-01; Ord. No. 2002-21, § 3, 3-26-02; Ord. No. 2010-13(10-O0058), § 16, 4-27-10)
§ 74-316
Buffer management and maintenance.
Sec. 74-316. Buffer management and maintenance.
(a)In the event that development is conducted within 25 feet of any buffer, the buffer shall be physically protected by placing currently approved tree protection fencing at the buffer boundary or the limits of construction, whichever is more protective of the buffer. If an authorized encroachment has been granted, the limits of the encroachment shall be similarly delineated.
(b)The owner of the property containing a buffer as defined herein shall be responsible for maintenance of the buffer and shall inspect the buffer periodically for evidence of degradation in regard to the purposes listed in section 74-301 and compliance with all other provisions of this article. Corrective actions shall be taken by the owner in a manner to ensure compliance with the terms of this article. (Ord. No. 2001-100, § 3, 12-11-01; Ord. No. 2002-21, § 3, 3-26-02; Ord. No. 2010-13(10-O0058), § 17, 4-27-10)
§ 74-317
Enforcement.
Sec. 74-317. Enforcement.
The commissioner is authorized to enforce the requirements of this article in accordance with the procedures set forth in this section.
(a)Any person who conducts development within a buffer that is in violation of this Code shall be subject to the general penalty set out in section 1-8 (a fine not exceeding $1,000.00, imprisonment for a term not exceeding six months, or any combination thereof) and shall be required to restore or remove the unpermitted encroachment and revegetate the area per the City of Atlanta Buffer Revegetation Guidelines. Each day during which violation or failure to comply continues shall be a separate violation.
(b)Notice of violation. If the City of Atlanta determines that a person has failed to comply with any provision of this article, it may issue a written notice of violation to such applicant or other responsible person. Such notice shall be in writing and shall be served on the applicant, owner, or the responsible person in charge of the activity being conducted on the site.
(c)Stop work orders. The commissioner of the department of watershed management, and the commissioner of the department of city planning, and the commissioners' designee(s) are each authorized to issue stop work orders to any person that violates any provision of this article. Stop work orders may include a specific area and activity, or the entire site and all activities. Stop work orders are effective immediately and shall remain in effect until the necessary corrective actions or remedial measures have occurred. Stop work orders shall state the conditions under which the work may be resumed.
(d)Refusal to issue certificates of occupancy or completion. The commissioner of the department of city planning or said commissioner's designee is authorized to refuse to issue certificates of occupancy or completion for the building or other improvements constructed or being constructed on a site until the owner or responsible person has taken the remedial measures as set forth in the notice of violation or stop work order, or has otherwise corrected the violations described therein.
(e)Suspension, revocation, or modification of building permit. If the City of Atlanta determines that an applicant or other responsible person has failed to comply with any provision of this article or with the terms and conditions of an authorized encroachment, the commissioner of the department of city planning or said commissioner's designee may suspend, revoke or modify the building permit that was issued authorizing the development, and following implementation of remedial measures or mitigation to protect water quality, may reinstate the building permit.
(f)Suspension, revocation, or modification of authorized encroachment. If the City of Atlanta determines that an applicant or other responsible person has failed to comply with the requirements of an authorized encroachment, the commissioner may suspend, revoke or modify the authorized encroachment, and following implementation of remedial measures or mitigation to protect water quality, may reinstate the authorized encroachment.
(g)Restoration or removal of encroachment. From and after the effective date of this ordinance, development within a buffer that is in violation of this article shall constitute a nuisance per se and shall be unlawful. The solicitor or city attorney is authorized to file such actions as may be necessary to remedy the encroachment in the buffer, including petition for a restraining order, injunction, abatement, or any other appropriate legal action or proceeding in a court of competent jurisdiction to prevent, restrain, or abate an unlawful use or activity. (Ord. No. 2001-100, § 3, 12-11-01; Ord. No. 2002-21, § 3, 3-26-02; Ord. No. 2010-13(10-O0058), § 18, 4-27-10; Ord. No. 2017-14(17-O1157), § 6, 4-26-17)
Secs. 74-318—74-320. Reserved.
Editor’s note—Ord. No. 2010-13(10-O-0058), §§ 19—21, approved April 27, 2010, repealed §§ 74-318—74-320, which pertained to liability; conflict with other regulations; and relationship to Metropolitan River Protection Act. See also the Code Comparative Table.
§ 74-321
Severability.
Sec. 74-321. Severability.
Should any section, subsection, clause, or provision of this article be declared to be invalid, such decision shall not affect the validity of this article in whole or any part thereof other than the part so declared to be invalid. (Ord. No. 2001-100, § 3, 12-11-01; Ord. No. 2002-21, § 3, 3-26-02; Ord. No. 2010-13(10-O0058), § 22, 4-27-10)
Secs. 74-322—74-400. Reserved.
ARTICLE VIII. WETLAND PROTECTION REGULATIONS*
§ 74-401
Purpose and intent.
Sec. 74-401. Purpose and intent.
The intent of this article is to protect the environmental integrity of freshwater wetlands *Editor’s note—Ord. No. 2002-83, § 1, approved Nov. 26, 2002, established art. VIII, §§ 74-401—74-405 to read as herein set out. Sections 3 and 4 of said ordinance provided that the Generalized Wetland Map (Exhibit B) referenced in the text of Article VIII, Wetland Protection Regulations, is hereby adopted, and incorporated into and made a part of Article VIII, Wetland Protection Regulations, by reference, and that the Generalized Wetland Map (Exhibit B) shall be kept on file in the office of the Municipal Clerk.
within the City of Atlanta. The purpose of this ordinance is to promote wetlands protection, while taking into account varying ecological, economic development, recreational and aesthetic values. Activities that may damage wetlands should be located on upland sites to the greatest degree practicable as determined through the permitting process. (Ord. No. 2002-83, § 1, 11-26-02)
§ 74-402
Definitions.
Sec. 74-402. Definitions.
For purposes of interpreting this article, the following definitions shall apply:
Jurisdictional wetland determination means an official, written statement or map signed by the U.S. Army Corps of Engineers as required by Section 404 of the Clean Water Act.
Jurisdictional wetland means a wetland area that meets the definitional requirements for wetlands as determined by the U.S. Army Corps of Engineers.
Wetland delineation means the establishment of wetland boundaries by a representative of the U.S. Army Corps of Engineers or an authority designated by the Corps.
Wetland means an area inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. (Ord. No. 2002-83, § 1, 11-26-02)
§ 74-403
Coordination with the Army Corps of Engineers Wetland Permitting Process.
Sec. 74-403. Coordination with the Army Corps of Engineers Wetland Permitting Process.
This section is included pursuant to the requirements of O.C.G.A. § 12-2-8 and is intended to provide applicants for a development or demolition permit with notice when the proposed activity may require a U.S. Army Corps of Engineers permit due to potential impacts upon jurisdictional wetlands, and to coordinate the City permitting process with the Corps of Engineers permitting process.
(a)Permitting process. Prior to the issuance of a development or demolition permit, the commissioner of the department of watershed management, or designee, shall review plans; verify the certification required in section 74-403(c) below; and determine if the applicant is to be referred to the Corps of Engineers for a jurisdictional wetland determination. As a general rule, applicants and landowners should endeavor to avoid development and/or demolition activities in or near wetlands.
(1)If the proposed activity is not located within 50 feet of a wetland shown on the generalized wetland map, city permitting procedures shall proceed.
(2)If the proposed activity is located within 50 feet of a wetland shown on the generalized wetland map, the department of watershed management shall refer the applicant to the U.S. Army Corps of Engineers for a jurisdictional wetland determination and receive proof of such determination from the Army Corps of Engineers prior to the issuance of any city development or demolition permit.
(i)If the Corps of Engineers determines that a Department of the Army permit or letter of permission is required for the proposed activity, the city shall not issue a development or demolition permit for the proposed activity until after the issuance of the Department of the Army permit or letter of permission.
(ii)If the Corps of Engineers determines that the proposed activity does not require a Department of the Army permit, city permitting procedures shall proceed.
(b)Generalized wetland map. The generalized wetland map is hereby incorporated into and made a part of this article by reference. Wetlands shown on the generalized wetland map do not necessarily represent the boundaries of jurisdictional wetlands and cannot serve as a substitute for a jurisdictional wetland determination or a delineation of wetland boundaries as required by Section 404 of the Clean Water Act, as amended. No action by the City of Atlanta pursuant to these regulations relieves the landowner or applicant from federal or state permitting requirements. The generalized wetland map may be amended as more detailed information regarding the exact location and boundaries of wetlands becomes available. Not all wetlands in the City of Atlanta may be shown on the generalized wetland map and the omission of wetlands from the generalized wetland map does not relieve the applicant or property owner from compliance with applicable laws regarding wetlands.
(c)Additional requirements. Upon application for a development or demolition permit, applicants shall be required to certify that they have reviewed the generalized JOBNAME: No Job Name PAGE: 151 SESS: 2 OUTPUT: Wed Oct 22 12:28:57 2003 /first/pubdocs/mcc/2/10376_takes wetland map and to certify whether or not the proposed activity is to occur within 50 feet of a wetland shown on the map. The City of Atlanta may require additional information deemed necessary to verify compliance with the provisions of this article. (Ord. No. 2002-83, § 1, 11-26-02)
§ 74-404
Monitoring and enforcement procedures.
Sec. 74-404. Monitoring and enforcement procedures.
(1)If the City of Atlanta discovers a violation of this article that also may constitute a violation of any provisions of the Clean Water Act as amended, the City of Atlanta shall issue written notification of the violation to the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers.
(2)The commissioner of the department of watershed management and/or his designee is authorized and empowered to enforce the requirements of this article in accordance with the procedures of this section. The department of watershed management shall have authority to issue stop work orders, citations, and/or revocation of permits in the event of any violation of this article.
(3)Any enforcement activities for violations of the provisions of this article which are also violations of article II and III of chapter 74 for landdisturbing activities shall be undertaken pursuant to the provisions of article II and III of chapter 74.
(4)Any enforcement activities for violations of the provisions of this article which are also violations of chapter 158 for vegetation shall be undertaken pursuant to the provisions of chapter 158.
(5)In addition to any other sanctions listed in this article, a person who fails to comply with the provisions of this article may be liable to the city in civil court for any costs incurred by the city to enforce or correct violations of this article. (Ord. No. 2002-83, § 1, 11-26-02)
§ 74-405
Severability.
Sec. 74-405. Severability.
Should any section, subsection, clause, or provision of this article be declared to be invalid, such decision shall not affect the validity of this article in whole or any part thereof other than the part so declared to be invalid. (Ord. No. 2002-83, § 1, 11-26-02)
Secs. 74-406—74-425. Reserved.
ARTICLE IX. ILLICIT DISCHARGE AND ILLEGAL CONNECTIONS
DIVISION 1. GENERALLY
§ 74-426
Statement of findings.
Sec. 74-426. Statement of findings.
It is hereby determined that:
(1)Discharges to the storm sewer system of the City of Atlanta that are not composed entirely of stormwater runoff contribute to increased nonpoint source pollution and degradation of receiving waters;
(2)These non-stormwater discharges occur due to spills, dumping and improper connections to the storm sewer system of the City of Atlanta from residential, industrial, commercial or institutional establishments.
(3)These non-stormwater discharges not only impact waterways individually, but geographically dispersed, small volume nonstormwater discharges can have cumulative impacts on receiving waters.
(4)The impacts of these discharges adversely affect public health and safety, drinking water supplies, recreation, fish and other aquatic life, property values and other uses of lands and waters;
(5)These impacts can be minimized through the regulation of spills, dumping and discharges into the storm sewer system of the city;
(6)Localities in the State of Georgia are required to comply with a number of state and federal laws, regulations and permits which require a locality to address the impacts of stormwater runoff quality and JOBNAME: No Job Name PAGE: 152 SESS: 2 OUTPUT: Wed Oct 22 12:28:57 2003 /first/pubdocs/mcc/2/10376_takes nonpoint source pollution due to improper non-stormwater discharges to the storm sewer system of the city;
(7)Therefore, the City of Atlanta must adopt this article to prohibit such non-stormwater discharges to the storm sewer system of the City of Atlanta. It is determined that the regulation of spills, improper dumping and discharges to the storm sewer system of the city is in the public interest and will prevent threats to public health and safety, and the environment.
(Ord. No. 2003-75, § 3, 6-24-03)
§ 74-427
Statement of policy and intent.
Sec. 74-427. Statement of policy and intent.
(a)The purpose of this article is to protect the public health, safety, environment and general welfare through the regulation of non-stormwater discharges to the storm sewer system of the City of Atlanta to the maximum extent practicable as required by federal law.
(b)This article establishes methods for controlling the introduction of pollutants into the storm sewer system of the City of Atlanta in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this article are to:
(1)Regulate the contribution of pollutants to the storm sewer system of the City of Atlanta by any person;
(2)Prohibit illicit discharges and illegal connections to the storm sewer system of the city;
(3)Prevent non-stormwater discharges, generated as a result of spills, inappropriate dumping or disposal, to the storm sewer system of the city; and
(4)To establish legal authority to carry out all inspection, surveillance, monitoring and enforcement procedures necessary to ensure compliance with this article.
(Ord. No. 2003-75, § 3, 6-24-03)
§ 74-428
Definitions.
Sec. 74-428. Definitions.
Accidental discharge means a discharge prohibited by this article which occurs by chance and without planning or thought prior to occurrence.
Clean Water Act means the Federal Water Pollution Control Act (33 U.S.C. 1251 et. seq.), and any subsequent amendments thereto.
Commissioner means the Commissioner of the Department of Watershed Management or his designee.
Construction activity means activities subject to the Georgia Erosion and Sedimentation Control Act or NPDES General Construction Permits. These include construction projects resulting in land disturbance. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.
Department means the Department of Watershed Management (DWM).
Illicit discharge means any direct or indirect non-stormwater discharge to the storm sewer system of the city, except as exempted in section 74-437 of this article.
Illegal connection means either of the following:
(a)Any pipe, open channel, drain or conveyance, whether on the surface or subsurface, which allows an illicit discharge to enter the storm drain system including but not limited to any conveyances which allow any non-stormwater discharge including sewage, process wastewater, and wash water to enter the storm drain system, regardless of whether such pipe, open channel, drain or conveyance has been previously allowed, permitted, or approved by the department of watershed management; or
(b)Any pipe, open channel, drain or conveyance connected to the storm sewer system of the City of Atlanta which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.
Industrial activity means activities subject to NPDES Industrial Permits as defined in 40 CFR, Section 122.26 (b)(14).
National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit means a permit issued by the Georgia EPD under au-JOBNAME: No Job Name PAGE: 153 SESS: 2 OUTPUT: Wed Oct 22 12:28:57 2003 /first/pubdocs/mcc/2/10376_takes thority delegated pursuant to 33 USC 1342(b) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.
Storm sewer system of the City of Atlanta means any facility designed or used for collecting and/or conveying stormwater, including but not limited to any roads with drainage systems, highways, streets, curbs, gutters, inlets, catch basins, piped storm drains, pumping facilities, structural stormwater controls, ditches, swales, natural and man-made or altered drainage channels, reservoirs, and other drainage structures, and which is:
(1)Owned or maintained by the City of Atlanta; and
(2)Not part of a publicly-owned treatment works.
Non-stormwater discharge means any discharge to the storm drain system that is not composed entirely of stormwater.
Person means, except to the extent exempted from this article, any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, city, county or other political subdivision of the state, any interstate body or any other legal entity.
Pollutant means anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; petroleum hydrocarbons; automotive fluids; cooking grease; detergents (biodegradable or otherwise); degreasers; cleaning chemicals; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; liquid and solid wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; concrete and cement; and noxious or offensive matter of any kind.
Pollution means the contamination or other alteration of any water's physical, chemical or biological properties by the addition of any constituent and includes but is not limited to, a change in temperature, taste, color, turbidity, or odor of such waters, or the discharge of any liquid, gaseous, solid, radioactive, or other substance into any such waters as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety, welfare, or environment, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life.
Premises mean any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.
Publicly-owned treatment works (POTW) means a treatment works as defined by section 212 of the Clean Water Act, which is owned by a state or municipality (as defined by section 502(4) of the Clean Water Act). This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes and other conveyances only if they convey wastewater to a POTW treatment plant. The term also means the municipality as defined in section 502(4) of the Clean Water Act, which has jurisdiction over the indirect discharges to and the discharges from such a treatment works.
State waters means any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, and other bodies of surface and subsurface water, natural or artificial, lying within or forming a part of the boundaries of the State of Georgia which are not entirely confined and retained completely upon the property of a single person.
Stormwater runoff or stormwater means any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
Structural stormwater control means a structural stormwater management facility or device JOBNAME: No Job Name PAGE: 154 SESS: 2 OUTPUT: Wed Oct 22 12:28:57 2003 /first/pubdocs/mcc/2/10376_takes 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.
Violator means any person, business or commercial entity violating any provision of this article or allowing any person or persons under their control or authority to violate any provision of this article. (Ord. No. 2003-75, § 3, 6-24-03)
§ 74-429
Applicability.
Sec. 74-429. Applicability.
The provisions of this article shall apply throughout the corporate limits of the City of Atlanta. (Ord. No. 2003-75, § 3, 6-24-03)
§ 74-430
Compatibility with other regulations.
Sec. 74-430. Compatibility with other regulations.
This article is not intended to modify or repeal any other ordinance, rule, regulation, other provision of law. The requirements of this article are in addition to the requirements of any other ordinance, rule, regulation, or other provision of law, and where any provision of this article imposes restrictions different from those imposed by any other ordinance, rule, regulation, or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control. (Ord. No. 2003-75, § 3, 6-24-03)
§ 74-431
Responsibility for administration.
Sec. 74-431. Responsibility for administration.
The police and the commissioner of the department of watershed management or his designee shall administer, implement, and enforce the provisions of this article. (Ord. No. 2003-75, § 3, 6-24-03)
Secs. 74-432—74-435. Reserved.
DIVISION 2. PROHIBITIONS AND NOTICE OF VIOLATIONS
§ 74-436
Prohibition of illicit discharges.
Sec. 74-436. Prohibition of illicit discharges.
No person shall throw, drain, or otherwise discharge, cause, or allow others under its control to throw, drain, or otherwise discharge into the storm sewer system of the City of Atlanta any pollutants or waters containing any pollutants, other than stormwater. (Ord. No. 2003-75, § 3, 6-24-03)
§ 74-437
Exemptions.
Sec. 74-437. Exemptions.
The following discharges are exempt from the prohibition provision above:
(1)Water line flushing discharging potable water performed by a government agency, other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, natural riparian habitat or wetland flows, and any other water source not containing pollutants;
(2)Discharges or flows from fire fighting, discharges from fire hydrant flushing, and other discharges as being necessary to protect public health and safety;
(3)The prohibition provision above shall not apply to any non-stormwater discharge permitted under an NPDES permit or order issued to the discharger and administered under the authority of the state and the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm sewer system of the City of Atlanta.
(Ord. No. 2003-75, § 3, 6-24-03)
§ 74-438
Prohibition of illegal connections.
Sec. 74-438. Prohibition of illegal connections.
The construction, connection, use, maintenance or continued existence of any illegal connection to the storm sewer system of the city is prohibited.
(1)This prohibition expressly includes, without limitation, illegal connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
(2)A person violates this ordinance if the person connects a line conveying sewage to the storm sewer system of the City of Atlanta, or allows such a connection to continue.
(3)Improper connections in violation of this article must be disconnected and redirected, if necessary, to an approved onsite wastewater management system or the sanitary sewer system upon approval of the commissioner of the department of watershed management.
(4)Any drain or conveyance that has not been documented in plans, maps or equivalent, and which may be connected to the storm sewer system, shall be located by the owner or occupant of that property upon receipt of written notice of violation from the department of watershed management requiring that such locating be completed. Such notice will specify a reasonable time period within which the location of the drain or conveyance is to be completed, that the drain or conveyance be identified as storm sewer, sanitary sewer or other, and that the outfall location or point of connection to the storm sewer system, sanitary sewer system or other discharge point be identified. Results of these investigations are to be documented and provided to the department of watershed management.
(Ord. No. 2003-75, § 3, 6-24-03)
§ 74-439
Industrial or construction activity discharges.
Sec. 74-439. Industrial or construction activity discharges.
Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the department of watershed management prior to allowing discharges to the sewer system of the City of Atlanta. (Ord. No. 2003-75, § 3, 6-24-03)
§ 74-440
Access and inspection of properties and facilities.
Sec. 74-440. Access and inspection of properties and facilities.
The commissioner of watershed management or any duly authorized agent of the department may, upon the permission of the property owner, enter on and inspect any and all public and private property in the city to determine by inspection that those properties are or not free of any condition which may be in violation of this article. For the purpose of this duty, the agent of the department of watershed management is eligible to apply for status as a code enforcement agent under section 98-1. In order to enforce code provisions and issue citations, the agent of the department of watershed management must apply for and receive status as a code enforcement agent.
(1)If a property or facility has security measures in force which require proper identification and clearance before entry into its premises, the owner, agent of the owner or operator of any property or facility within the city shall make the necessary arrangements to allow access to representatives of the department of watershed management.
(2)The owner, agent of the owner or operator of any property or facility within the city shall allow the department of watershed management ready access to all parts of the premises for the purposes of inspection, sampling, photography, videotaping, examination and copying of any records that are required under the conditions of an NPDES permit to discharge stormwater.
(3)The department of watershed management reserves the right, upon the approval of the property owner, to conduct monitoring and/or sampling of flow discharges.
(4)Any judge of the municipal court may grant permission to the department of watershed management to require the owner, agent of the owner or operator of any private property or facility to install monitoring equipment and perform mon-itoring as necessary, and make the monitoring data available to the department of watershed management.
a.It is prohibited for any person to interfere in any way with the proper sampling and monitoring operations of any equipment or devices.
b.All devices used to measure flow and quality shall be calibrated to ensure their accuracy.
(5)Any temporary or permanent obstruction to safe and easy access to the property or facility to be inspected and/or sampled shall be promptly removed by the owner, agent of the owner or operator at the written or oral request of the department of watershed management and any obstruction shall not be replaced. The costs of clearing such access shall be borne by the owner or operator.
(6)Unreasonable delays in allowing the Department of Watershed Management access to a facility is a violation of this article.
(7)If the department of watershed management has been refused access to any part of the premises from which stormwater is discharged, and the department of watershed management is able to demonstrate probable cause to believe that there may be a violation of this article, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this article or any order issued hereunder, or to protect the overall public health, safety, environment and welfare of the community, then the department of watershed management may seek issuance of a search warrant from any court of competent jurisdiction.
(Ord. No. 2003-75, § 3, 6-24-03; Ord. No. 2006-74, § 1, 10-11-06)
§ 74-441
Notification of accidental discharges and spills.
Sec. 74-441. Notification of accidental discharges and spills.
(a)Notwithstanding other requirements of law, as soon as any person responsible for a facility, activity or operation, or responsible for emer-gency response for a facility, activity or operation has information of any known or suspected release of pollutants or non-stormwater discharges from that facility or operation which are resulting or may result in illicit discharges or pollutants discharging into stormwater, the storm sewer system of the City of Atlanta, or State Waters, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release so as to minimize the effects of the discharge.
(b)Said person shall notify the department of watershed management in person or by phone, facsimile or in person no later than 24 hours of the nature, quantity and time of occurrence of the discharge.
(1)If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years.
(2)Said person shall also take immediate steps to ensure no recurrence of the discharge or spill.
(c)Any notification made to the City of Atlanta is not exclusive of any state or federal notification requirements.
(d)Failure to provide notification of a release as provided above is a violation of this article. (Ord. No. 2003-75, § 3, 6-24-03)
Secs. 74-442—74-445. Reserved.
DIVISION 3. VIOLATIONS, ENFORCEMENT AND PENALTIES
§ 74-446
Violations.
Sec. 74-446. Violations.
(a)It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this article. Any person who has violated or continues to violate the provisions of this article may be subject to the enforcement actions outlined in this section or may be restrained by injunction.
(b)In the event the violation constitutes an immediate danger to public health or public safety, any judge of the municipal court shall have the power to authorize the commissioner of the department of watershed management to enter upon the subject private property, without giving prior JOBNAME: No Job Name PAGE: 157 SESS: 2 OUTPUT: Wed Oct 22 12:28:57 2003 /first/pubdocs/mcc/2/10376_takes notice, to take any and all measures necessary to abate the violation and restore the property. The department of watershed management is authorized to recover the total amount of all costs of the abatement as outlined in sections 74-450 and 74-453. (Ord. No. 2003-75, § 3, 6-24-03)
§ 74-447
Notice of violation.
Sec. 74-447. Notice of violation.
Whenever the department of watershed management finds that a violation of this article has occurred, the commissioner may order compliance by written notice of violation.
(1)The City of Atlanta may serve notice to abate a violation, by mailing such notice to the last-known address of the alleged violator.
(2)The notice of violation shall contain the following information:
a.The name and address of the alleged violator;
b.The address when available or a description of the building, structure or land upon which the violation is occurring, or has occurred;
c.A statement specifying the nature of the violation;
d.A description of the remedial measures necessary to restore compliance with this article and a time schedule for the completion of such remedial action;
e.A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed; and
f.A statement that the determination of violation may be appealed to the department of watershed management by filing a written notice of appeal within 30 days of service of notice of violation.
(3)Such notice may require actions including, but not limited to any of the following:
a.The performance of monitoring, analyses, and reporting;
b.The elimination of illicit discharges and illegal connections;
c.That violating discharges, practices, or operations shall cease and desist;
d.The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
e.Payment of costs to cover administrative and abatement costs; and
f.The implementation of pollution prevention practices.
(Ord. No. 2003-75, § 3, 6-24-03)
§ 74-448
Appeal of notice of violation.
Sec. 74-448. Appeal of notice of violation.
(a)Administrative remedy.
(1)Prior to any final order to comply with any notice of violation, the alleged violator shall be given the opportunity to appeal any notice of violation issued by the department to the commissioner of watershed management.
(2)The city acting by and through its commissioner of watershed management shall review the notice of violation, the reasons submitted by the alleged violator for determining such conditions not to be in violation, and shall issue a decision in writing.
(3)If such decision is to affirm, overturn or modify said notice of violation, the commissioner shall set forth the reasons for doing so.
(b)Judicial review.Any person aggrieved by such decision, after exhausting his or her administrative remedies, shall have the right to appeal to the Superior Court of the county wherein which such alleged violation occurred or is proposed to occur, for review of such written decision.
JOBNAME: No Job Name PAGE: 158 SESS: 2 OUTPUT: Wed Oct 22 12:28:57 2003 /first/pubdocs/mcc/2/10376_takes
(c)The commissioner of the department of watershed management shall conduct the review process for any notice of violation, as described in this section. (Ord. No. 2003-75, § 3, 6-24-03)
§ 74-449
Enforcement measures after appeal.
Sec. 74-449. Enforcement measures after appeal.
If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal, within ten days of any decision of the Superior Court upholding the decision of the department of watershed management and the commissioner, then representatives of the department of watershed management may enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and restore the property. It shall be unlawful for any person, owner, agent of the owner or person in possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above. (Ord. No. 2003-75, § 3, 6-24-03)
§ 74-450
Costs of abatement of the violation.
Sec. 74-450. Costs of abatement of the violation.
(a)Within 30 days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs.
(1)The property owner may file a written protest objecting to the assessment or to the amount of the assessment within ten days of such notice.
(2)If the amount due is not paid within 30 days after receipt of the notice, or if an appeal is taken, within 30 days after a decision on said appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment.
(b)Any person or business shall be liable to the city for the total amount of all costs and expenses incurred by the city in abating a violation. (Ord. No. 2003-75, § 3, 6-24-03)
§ 74-451
Enforcement.
Sec. 74-451. Enforcement.
The primary authority and responsibility for the enforcement of the provisions of this chapter shall be vested in the commissioner of watershed management. Upon a determination that a person is in violation of this chapter, the commissioner or his designee shall give written notice of violation that indicates they are in violation of a section in this chapter, and they may or issue a citation requiring the violator to appear before the judge of the municipal court for a hearing on the charge of violation of this chapter. Upon a finding that a section of this chapter has been violated, the violator shall be subject to one or more of the penalties provided in section 74-452 of this article. (Ord. No. 2003-75, § 3, 6-24-03)
§ 74-452
Penalties.
Sec. 74-452. Penalties.
(a)For any violations of this article, any person violating the provisions of this article may be subject to the following penalties:
(1)First violation. Upon conviction, a fine not less than $50.00 and not more than $1,000.00 and a probationary period not to exceed 90 days.
(2)Second violation. Upon conviction, a fine not less than $250.00 and not more than $1,000.00, or probationary period not to exceed 180 days with a period of confinement in the city jail not to exceed ten days, or both.
(3)Third violation. Upon conviction, a fine not less than $500.00 and not more than $1,000.00, or a probationary period not to exceed one year with a period of confinement in the city jail not to exceed 30 days, or both.
(4)Each act of violation and each day upon which any violation shall occur shall constitute a separate offense.
(b)In the event the alleged violator fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within ten days, or such greater period as the department of watershed management shall deem appropriate, after the department has taken one or more of the actions described above, the violator may be subject to a fine not to exceed $1,000.00 for each day the violation remains unremedied after receipt of the notice of violation.
(c)Businesses and commercial entities. In addition to any other penalty imposed under this article, if any person or business performing work under any contract with the city is found guilty of violating this section, the city may terminate the contract by giving written notice of the termination to the person or business. The contract shall be null and void upon delivery of such notice. (Ord. No. 2003-75, § 3, 6-24-03)
§ 74-453
Violations deemed a public nuisance.
Sec. 74-453. Violations deemed a public nuisance.
In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this article is a threat to public health, safety, welfare, and environment may be declared and deemed a nuisance, and may be abated by injunctive or other equitable relief according to the provisions of Article V of this chapter. (Ord. No. 2003-75, § 3, 6-24-03)
§ 74-454
Remedies not exclusive.
Sec. 74-454. Remedies not exclusive.
(a)The remedies listed in this article are not exclusive of any other remedies available under any applicable federal, state or local law and the department of watershed management may seek cumulative remedies.
(b)The department of watershed management may recover attorney's fees, court costs, and other expenses associated with enforcement of this article, including sampling and monitoring expenses. (Ord. No. 2003-75, § 3, 6-24-03)
§ 74-455
Severability.
Sec. 74-455. Severability.
If the provisions of any section, subsection, paragraph, subdivision or clause of this article shall be adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision or clause of this article. (Ord. No. 2003-75, § 3, 6-24-03)
Secs. 74-456—74-500. Reserved.
ARTICLE X. POST DEVELOPMENT STORMWATER MANAGEMENT*
§ 74-501
Introduction.
Sec. 74-501. Introduction.
It is hereby determined that:
(a)Development and its associated changes to land cover, permanently alter the hydrologic response of local watersheds and increase runoff rates and volumes, which in turn increase flooding, stream channel erosion, and sediment transport and deposition;
(b)Development also contributes to increased nonpoint source pollution and degradation of receiving waters;
(c)The impacts of post-development runoff quantity and quality adversely affects public safety, public and private property, drinking water supplies, recreation, fish and other aquatic life, property values, and other uses of lands and waters;
(d)These adverse impacts can be controlled and minimized through the regulation of runoff quantity and quality from new development and redevelopment by using green infrastructure, and other structural and nonstructural measures, including conserving or restoring open space and greenspace areas;
(e)The city is required to comply with several state and federal laws, regulations, and permits, and the requirements of the Metropolitan North Georgia Water Plan-*Editor’s note—Ord. No. 2020-66(20-O-1498), § 1, adopted Nov. 25, 2020, repealed the former Art. X, §§ 74-501—74523, and enacted a new Art. X as set out herein. The former Art. X pertained to similar subject matter and derived from Ord. No. 2004-56, §§ 2—4, adopted Sept. 15, 2004; Ord. No. 2005-46, § 1, adopted July 26, 2005; Ord. No. 2013-05(12-O1761), §§ 1—21, adopted Feb. 13, 2013.
ning District's regional water plan related to managing the water quantity, velocity, and quality of post-development runoff;
(f)The stormwater management standards are intended to encourage development that is environmentally functional, economically viable, and socially beneficial. It is acknowledged that conditions may arise where normal compliance is impractical or impossible and conditions associated with individual sites may justify use of the alternative compliance process; and
(g)Therefore, the city has established this set of regulations governing the management of post-development runoff and the ongoing maintenance of stormwater management systems for the purpose of protecting local water resources from degradation. It is in the public interest to regulate post-development runoff discharges and stormwater management systems in order to minimize runoff rates and volumes, post-construction soil erosion and sedimentation, stream channel erosion, and nonpoint source pollution associated with post-development runoff.
(Ord. No. 2020-66(20-O-1498), § 1, 11-25-20)
§ 74-502
Purpose and intent.
Sec. 74-502. Purpose and intent.
(a)The purpose of this article is to protect, maintain, and enhance the public health, safety, environment, and general welfare by establishing minimum requirements and procedures to control the adverse effects of post-development runoff and nonpoint source pollution associated with new development and redevelopment by focusing on the types of frequently occurring storm events that generate the most water quality impacts.
(b)Proper management of post-development runoff will minimize damage to public and private property and infrastructure, safeguard the public health, safety, environment, and general welfare of the public, and protect water and aquatic resources. This article seeks to meet those purposes through the following objectives:
(1)Establish decision-making processes surrounding development that protect the integrity of the watershed and preserve the health of water resources;
(2)Establish post-construction stormwater management, and site planning and design criteria to protect natural resources from the direct impacts of the development process, and to preserve and restore natural hydrologic conditions on development sites;
(3)Establish minimum post-development stormwater management standards and design criteria for the regulation and control of runoff quantity and quality;
(4)Encourage the use of nonstructural stormwater management measures, stormwater better site design, vegetated green infrastructure, rainwater harvesting and reuse, and other innovative design practices that achieve runoff reduction;
(5)Preserve greenspace, and other conservation areas by establishing minimum postdevelopment stormwater management standards and design criteria for the regulation and control of stormwater runoff quantity and quality;
(6)Establish design and application criteria for the construction and use of structural stormwater controls that meet the minimum post-development stormwater management standards;
(7)Coordinate site design plans with the city's greenspace protection plan;
(8)Establish provisions for the long-term responsibility for operation, inspection, maintenance, and repair of private structural stormwater controls and private commitments for nonstructural stormwater management measures to ensure that they continue to function as designed, are maintained, and pose no threat to public safety or the environment;
(9)Establish administrative procedures for the submission, review, approval and disapproval of stormwater management plans, and for the inspection of approved active developments, and long-term compliance; and
(10)Protect public health and safety by reducing the risk of localized flooding and reducing the amount of runoff entering public rights of way.
(Ord. No. 2020-66(20-O-1498), § 1, 11-25-20)
§ 74-503
Definitions.
Sec. 74-503. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings defined in this section, except where the context clearly indicates a different meaning:
Alternative compliance process means the process set out in section 74-524.
Applicant means a person submitting an application for a permit and includes a person that undertakes new development or redevelopment.
Application for sewer service capacity means an application submitted to the department, in a form approved by the commissioner, requesting certification that the combined sewer system or the separated sewer system, as the case may be, has adequate capacity to convey the wastewater generated by the new development or redevelopment.
BMP means both structural devices to store or treat runoff and non-structural programs or practices which are designed to prevent or reduce the pollution of the waters of the state.
Channel means a natural or artificial watercourse with a definite bed and banks that conveys continuously or periodically flowing water.
City means the City of Atlanta, a municipal corporation of the State of Georgia.
Code means the Atlanta City Code.
Combined sewer system means the city's system of pipes, tunnels, combined sewer control facilities, and other infrastructure that are designed to collect runoff, domestic sewage, and industrial wastewater in the same pipe. The boundaries of the combined sewer system are as shown generally in, but is not limited to, the Department's GIS system.
Commissioner means the commissioner of the department or his/her designee.
Conservation easement means an agreement between a land owner and the City of Atlanta, 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.
Construction sequencing plan means a plan that identifies Infiltration zones and BMP locations, as well as a description of the sequence of construction and staged installation of permanent post-development BMPs that will protect infiltration zones and ensure suitable site conditions in areas designated for BMPs.
Demolition means removal of an existing building, structure, or other impervious surface.
Department means the city's department of watershed management.
Determination of infeasibility means a determination made by the commissioner in accordance with section 74-523.
Development means land disturbing activity, the installation of impervious surface, structural development (construction, installation or expansion of a building or other structure) that requires a permit, or linear transportation projects.
Erosion and sedimentation control plan means a plan, in accordance with Chapter 74 Article II of the Code, the Georgia Erosion and Sedimentation Control Act, and any NPDES Permit for construction activities, that is designed to minimize the accelerated erosion and sediment runoff at a site during construction of a development.
Extended detention means the temporary storage of runoff in a stormwater management facility to control the peak discharge of runoff for an extended period of time.
Extreme flood protection means measures taken to prevent adverse impacts from large lowfrequency storm events with a return frequency of 100 years or more.
Flooding means a volume of water that is too great to be confined within the banks or walls of a conveyance or stream channel and overflows onto adjacent lands.
Georgia Stormwater Management Manual means the latest edition of the Georgia Stormwater Management Manual, Volume 2: Technical Handbook, and its Appendices.
Green infrastructure means an interconnected natural system and/or engineered system that strengthens and mimics natural hydrologic functions and processes through the use of plants and soil to slow, filter, evapotranspirate, and infiltrate runoff close to its source; or the capture and reuse of runoff.
High risk operation 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 as consistent with facilities operating under a Standard Industrial Code or requiring coverage under the Georgia General NPDES Permit for Stormwater Discharges associated with industrial activities or as identified as a highly visible pollutant source per the City's Stormwater Management Plan developed in accordance with the requirements of the MS4 Permit.
Hotspot means development on a site that has the potential to produce pollutant loads in runoff that are higher than normally found in runoff.
Impervious surface means a surface composed of any material that significantly impedes or prevents infiltration, which includes, but is not limited to, rooftops, buildings, streets and roads, and standard concrete or asphalt surface.
Infiltration means the process of absorption of runoff into the subsoil.
Land Development Code means Part III of the Code.
Land disturbing activity means any activity which may result in soil erosion from water or wind and the movement of sediments into waters of the state or onto lands within the state, including but not limited to clearing, dredging, grading, excavating, and filling of land.
Landscape architect means a person who possesses a current license issued by the Georgia Board of Landscape Architects.
Linear transportation project feasibility policy means the feasibility policy adopted by the commissioner, in accordance with section 74-516 which sets reasonable criteria for determining when it is infeasible to implement the stormwater management standards for linear transportation projects.
Linear transportation projects means construction projects for the purpose of road, air, or pedestrian transportation, on public or private rights-of-way, including but not limited to roads, sidewalks, multi-use paths and trails, and airport runways and taxiways. Linear transportation projects do not include resurfacing, or construction of driveways used to access development.
MS4 permit means the NPDES permit issued to the city for discharges from the Municipal Separate Storm Sewer System.
Municipal Separate Storm Sewer System means a conveyance or system of conveyances including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels or storm drains, owned or operated by the city, designed or used for collecting or conveying Runoff and is not a combined sewer or part of a publicly owned treatment works.
New development means development on a previously undeveloped site.
Nonpoint source pollution means a form of water pollution that does not originate from a discrete point such as a wastewater treatment facility 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, runoff, and leaching. Nonpoint source pollution is a byproduct of land use practices such as agricultural, silvicultural, mining, construction, subsurface disposal, and urban runoff.
Nonstructural stormwater management measure means any natural or planted vegeta-tion 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.
NPDES permit means a national pollutant discharge elimination system permit issued by the Georgia Environmental Protection Division and in effect at the time of an application for a permit to which this article applies.
Off-site facility means a stormwater management facility located outside the boundaries of the site.
Operation and maintenance agreement means a written agreement in accordance with section 74-517.
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).
Owner means the legal or beneficial owner of a site, including but not limited to, a mortgagee or vendee in possession, receiver, executor, trustee, lessee or other person in control of the site and includes their agent.
Permit means the permit issued by the city to the applicant which is required for undertaking any development.
Person means, except to the extent exempted from this article, any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, city, county or other political subdivision of the state, any interstate body or any other legal entity.
Post-development means the conditions anticipated to exist on-site immediately after completion of the development on a site.
Pre-development means the conditions that exist, on a site immediately before the implementation of a development. Where phased development or plan approval occurs, which includes but is not limited to demolition, preliminary grading, roads and utilities, the existing conditions at the time before issuance of the first development-related approval or permit shall represent pre-developed conditions, in accordance with section 74-513(d).
Pre-development hydrology means (a) for new development, the runoff curve number determined using natural conditions hydrologic analysis based on the natural, undisturbed condition of the site as described in section 74-513(d) immediately before implementation of the proposed development; and (b) for redevelopment, the existing conditions hydrograph may take into account the existing development when defining the runoff curve number and calculating existing runoff, unless the existing development causes a negative impact on downstream property.
Professional engineer means a person who possesses a current certificate of registration as a professional engineer issued by the Georgia State Board of Registration for Professional Engineers and Land Surveyors.
Redevelopment means development of a site that is not an undeveloped site.
Regional stormwater management facility means stormwater management facilities designed to control runoff from multiple properties, and the requirement for site-specific on-site controls may be either eliminated or reduced.
Resurfacing means road repair activities that consists of mill and overlay projects, pavement rehabilitation or pot-hole repair projects that do not alter soil material beneath the pavement or impervious surface.
Runoff means the flow of surface water resulting from precipitation.
Runoff reduction means the interception, evapotranspiration, infiltration, or capture and reuse of runoff.
Runoff reduction feasibility policy means the feasibility policy adopted by the commissioner in accordance with section 74-516, which sets reasonable criteria for determining when it is infeasible to implement the stormwater management standards for development other than linear transportation projects.
Single-family residence means a building that contains one or two dwellings only.
Single-family residential development has the meaning set out in section 74-504(b).
Site means an area of land where development is planned, which may include all or portions of one or more parcels of land. For subdivisions and other common plans of development, the site includes all areas of land covered under an applicable permit.
Stormwater better site design means nonstructural site design approaches, practices and techniques, especially those described in Sections 2.3 and 2.4 of the Georgia Stormwater Management Manual, that reduce a site's impact on the watershed by preserving natural resources and drainage features, effectively laying out elements of development to prevent or reduce environmental impacts, reduce the area and connectivity of impervious surfaces, and conserve trees and natural features on the site for the purpose of stormwater management.
Stormwater consultation meeting certification means the certification issued under section 74-510.
Stormwater management means the collection, retention, detention, conveyance, storage, treatment, and disposal of runoff in a manner intended to prevent increased flooding, streambank channel erosion, habitat degradation, water quality degradation, and to enhance and promote the public health, safety, and general welfare.
Stormwater management facility means any infrastructure that controls or conveys runoff.
Stormwater management measure means any structural stormwater control or nonstructural stormwater management measure.
Stormwater management plan means the plan required by section 74-511 or 74-515, as applicable.
Stormwater management standards means those standards set out in section 74-513.
Stormwater management system means all the structural stormwater controls and nonstructural stormwater management measures that are used to capture, convey, and control the quantity and quality of the runoff from a site.
Stormwater planting plan means the plan required by section 74-511.
Structural stormwater control means a structural stormwater management facility or device that controls 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. Examples include, but are not limited to, dry detention basins, stormwater ponds, and underground vaults.
Subdivision means the division of an existing parcel into two or more new parcels, or the consolidation of two or more existing parcels into a single parcel, or the consolidation of two or more existing parcels and their simultaneous redivision, along new boundaries, into two or more new parcels, and includes divisions of land resulting from or made in connection with the layout or development of a new street or roadway or a change in an existing street or roadway.
Undeveloped site means a site that has not been altered by development.
Vegetated green infrastructure means green infrastructure that uses trees, shrubs, grasses, or other vegetation along with amended or engineered soils to intercept, retain, infiltrate, and evapotranspire runoff. Examples include, but are not limited to, green roofs, bioretention, bioswales, and stormwater planters. (Ord. No. 2020-66(20-O-1498), § 1, 11-25-20)
§ 74-504
Applicability.
Sec. 74-504. Applicability.
(a)Development and redevelopment. Subject to sections 74-504(b), 74-504(c) and 74-504(d), this article shall apply to all development that meets one or more of the following criteria:
(1)New development that creates 500 square feet or more of any impervious surface; or
(2)New development or redevelopment that involves one disturbed acre or more; or
(3)Redevelopment that creates, adds, or demolishes and replaces 500 square feet or more of impervious surface; or
(4)Demolition that leaves in place more than 500 square feet of impervious surface within the area of demolition, unless a permit application is pending for a replacement structure or use which proposes appropriate stormwater management measures.
(b)Single-family residential development. Subject to section 504(d), sections 74-513(a), 74-513(b), 74-513(j), and 74-515 of this Article shall apply to single-family residential development. for the purposes of this article, singlefamily residential development does not include development of a site intended to be developed as a larger common plan of development or sale as defined in section 74-37 of the Code and, is defined as development that creates, adds, or demolishes and replaces less than 5,000 square feet of impervious surface that meets one or more of the following criteria:
(1)New development or redevelopment of any site that, post-construction, will result in the site having one or two singlefamily residences (whether one or both of the single-family residences already exists or not); or
(2)Addition or modification that creates, adds, or demolishes and replaces 500 square feet or more of impervious surface to any single-family residence.
Note: Other residential development including single-family residences that creates, adds, or demolishes and replaces 5,000 square feet or more of impervious surface is subject to section 74-504(a).
(c)High risk operation and hotspot. This article shall apply to any new development or redevelopment, regardless of size, that meets the definition of hotspot or high risk operation, which includes, but is not limited to, fueling stations, car washes, or industrial facilities with potential for runoff pollution.
(d)Exemptions subject to minimum requirements. The following development, other than linear transportation projects, is exempted from sections (a), (b) and (c) above, but shall be subject to the minimum requirements in section 74-513(j):
(1)Agricultural or silvicultural land management activities within properly zoned agricultural areas resulting in less than 1,000 square feet of impervious surface;
(2)Regrading or reshaping existing athletic fields or public parks resulting in less than 1,000 square feet of new impervious surface;
(3)Installations, repairs, or modifications to storm drains, drainage structures, stormwater management facilities, or other drainage facilities to improve drainage capabilities;
(4)Installations, repairs, or modifications to sanitary sewer facilities to expand or improve sanitary sewer service capabilities;
(5)Work specifically related to the installation, repair, or maintenance of utility service connections, including but not limited to sewer, water, electric, telephone, and gas, to existing facilities;
(6)Installations of dumpster pads with drains connected to sanitary sewers;
(7)Installations or modifications to existing structures to comply with Americans with Disability Act requirements, including but not limited to elevator shafts, access ramps, accessible parking, and accessible entrances or exits;
(8)Installations or modifications to existing structures to address health and safety issues or to comply with any Code requirements, including but not limited to fire escapes, stairways, and additional exits, when not part of a development;
(9)Installations to existing structures of incidental mechanical or electrical equipment placed on areas of previously existing impervious surfaces;
(10)Installation of hardscape less than 5,000 square feet, such as uncovered parking, pedestrian, or patio areas, which utilize pervious pavement or other appropriate infiltration techniques;
(11)Incidental maintenance or repair of existing impervious surfaces which impact less than 1,000 square feet;
(12)Resurfacing of existing impervious surfaces, not including projects where impervious surfaces are removed down to the underlying soils;
(13)Stream bank stabilization or restoration activities, or activities solely for the purpose of environmental remediation;
(14)New construction or replacement of an existing driveway to access a singlefamily residential development, not including parking pads or similar areas, that are 12 feet wide or less where runoff is directed via sheet flow toward vegetated areas at least twice as wide as the paved area;
(15)Any minor work which in the professional judgment of the commissioner is deemed in the best interest of the city.
(e)Exemptions for linear transportation projects. The following exemptions apply:
(1)Linear transportation projects are exempt from this article if those projects are identified as such in the linear transportation project feasibility policy.
(2)Linear transportation projects are exempt from the stormwater management standards where such standards are subject to, and identified in, a determination of infeasibility, but those projects are otherwise subject to the provisions of this article.
Note: Linear transportation projects that do not have a determination of infeasibility or are not otherwise exempt from this article, remain subject to the provisions of this article. (Ord. No. 2020-66(20-O-1498), § 1, 11-25-20)
§ 74-505
Designation of administrator; liability.
Sec. 74-505. Designation of administrator; liability.
(a)The commissioner is hereby appointed to administer and implement the provisions of this article.
(b)No action, decision, determination, or authorization under this article by the commissioner, the department, or by a department employee, shall impose liability upon the city for damage to a person or property. (Ord. No. 2020-66(20-O-1498), § 1, 11-25-20)
§ 74-506
Compatibility with other regulations; rules etc.
Sec. 74-506. Compatibility with other regulations; rules etc.
(a)The requirements of this article are in addition to the requirements of any other ordinance, rule, regulation, or other provision of law.
(b)In the event of any conflict or inconsistency between any provision in the MS4 Permit and this article, the provision from the MS4 Permit shall control.
(c)In the event of any conflict or inconsistency between any provision of this article and the Georgia Stormwater Management Manual, the provision from this article shall control.
(d)In the event of any other conflict or inconsistency between any provision of this article and any other ordinance, rule, regulation or other provision of law, the provision that is more restrictive or imposes higher protective standards for human health or the environment shall control. (Ord. No. 2020-66(20-O-1498), § 1, 11-25-20)
§ 74-507
Severability.
Sec. 74-507. Severability.
If the provisions of any section, subsection, paragraph, subdivision or clause of this article shall be adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or invalidate any remaining sections, subsections, paragraphs, subdivisions or clauses of this article. (Ord. No. 2020-66(20-O-1498), § 1, 11-25-20)
§ 74-508
Applicability of rules, policies etc.
Sec. 74-508. Applicability of rules, policies etc.
To implement and enforce the requirements of this article, the city will apply to any new development or redevelopment, the Georgia Stormwater Management Manual and any relevant rules, regulations, or policies of the city, including chapter 74 of the Code and procedures of the department that are in effect at the time an application is made for a permit. (Ord. No. 2020-66(20-O-1498), § 1, 11-25-20)
§ 74-509
Permit procedures and requirements.
Sec. 74-509. Permit procedures and requirements.
(a)No owner or applicant shall perform any development without first meeting the requirements of this article prior to commencing the proposed development.
(b)Prior to approval of any development and stormwater management plan under this article, the applicant or owner shall certify and provide documentation to the city that all applicable local, state, or federal permits have been acquired, or have been applied for, in relation to the development.
(c)A Permit application shall be accompanied by the following items in order to be considered:
(1)Stormwater consultation meeting certification;
(2)Stormwater management plan; <http:// library.municode.com/HTML/10376/ leve13/PTIICOORENOR_ CH74EN_ARTXPODESTMA.html>
(3)An operation and maintenance agreement;
(4)Performance bond in accordance with section 74-518 <http://library.municode.com/HTML/10376/leve13/ PTIICOORENOR_CH74EN_ ARTXPODESTMA.html>, if applicable; and
(5)Permit application and relevant plans.
(d)The approved stormwater management plan shall obligate the owner or the applicant to accomplish all land clearing, construction, develop-ment and drainage in accordance with the stormwater management plan. Any and all permits for development may be revoked at any time if the construction of stormwater management facilities is not conducted in strict accordance with approved plans.
(e)The city shall inform the applicant or owner whether any part of the permit application (such as the stormwater management plan, operation and maintenance agreement, or application for sewer service capacity) are approved or disapproved. If any part of the permit application is disapproved, the city shall notify the applicant or owner of such fact in writing. Where applicable, the applicant or owner may then revise any item not meeting the requirements hereof and resubmit the same.
(f)Upon a finding by the department that the permit application meets the requirements of this article, the city may issue a permit for the development, provided all other legal requirements for the issuance of such permit have been met.
(g)Notwithstanding the issuance of any permit, in conducting the development, the applicant or owner shall be subject to the following requirements:
(1)The applicant or owner shall comply with all applicable requirements of the approved plan and this article and shall certify that all development will be done according to the approved plan;
(2)The development shall be conducted only within the area specified in the approved plan;
(3)The city shall be allowed access to the site for inspection and enforcement; and
(4)No changes may be made to an approved plan without review and written approval by the department.
(h)Upon completion of the development but before issuance of a certificate or occupancy or certificate of completion, the applicant or owner shall submit the professional engineer's certification and as-built plan as required by Section 74-519 <http://library.municode.com/HTML/10376/ leve13/PTIICOORENOR CH74EN ARTXPODESTMA.html>(b). If the as-built dif-fers substantially from the approved plan but is still acceptable to the city, then the applicant or owner shall update the recorded operation and maintenance agreement upon approval of the city.
(Ord. No. 2020-66(20-O-1498), § 1, 11-25-20)
§ 74-510
Stormwater consultation meeting.
Sec. 74-510. Stormwater consultation meeting.
(a)When proposed development of a site meets at least one of the applicability criteria found in section 74-504(a), 74-504(c), or where a request for a determination of infeasibility is to be made, the owner or applicant shall participate in a consultation meeting with the department to discuss the post-development stormwater management measures necessary for the proposed development, as well as to discuss and assess constraints, opportunities and ideas for stormwater management measures utilizing stormwater better site design, green infrastructure, and runoff reduction techniques.
(b)The consultation meeting shall be held prior to approval of a preliminary plat or the submittal of an application for a permit in accordance with the following procedure:
(1)The department shall schedule a consultation meeting within five business days from the date a written meeting request is received by the department.
(2)Failure of the department to schedule a consultation meeting within the time required by this section shall waive the requirements of section 74-510(a) and a copy of the written meeting request submitted to the department by the owner or applicant attached to the permit application shall meet the requirement of section 74-509(c)(1).
(3)If no consultation meeting is requested or attended by the owner or applicant prior to the submittal of a permit application, the department may delay review of the permit application until such meeting is held; provided however that when the development involves only an applica-tion for the erection of a structure governed by chapter 16-28A of the Land Development Code, the requirements of section 74-509(c)(1) and section 74-510(a) shall not apply.
(c)To assist the department's review of the development and to assist the applicant or owner with the creation of a stormwater management plan, the following information should be submitted prior to or at the time of the consultation meeting:
(1)Existing conditions / Proposed site plans. Existing conditions and proposed site layout sketch plans, which shall illustrate at a minimum:
a.existing and proposed topography;
b.perennial and intermittent streams; predominant soils from soil surveys;
c.boundaries of existing vegetation especially trees;
d.proposed limits of clearing and grading; and
e.location of existing and proposed roads, buildings, parking areas and other impervious surfaces.
(2)Infiltration rates. Infiltration rates shall be determined by soil surveys, on-site soil analysis, or infiltration test. If a site has been previously developed or graded or contains urban soil types, an infiltration test is required.
(3)Natural resources inventory. A written or graphic inventory of the natural resources in existence prior to the commencement of the development. Particular attention should be paid to environmentally sensitive features that present constraints for development. This inventory shall address resources both on the site and in the surrounding area that are or may be impacted by the development. This inventory shall also include:
a.a description of soil conditions;
b.Trees and tree canopy cover;
c.topography;
d.wetlands;
e.other native vegetative areas on the site; and
f.the location and boundaries of other natural feature protection and conservation areas such as wetlands, lakes, ponds, floodplains, stream buffers and other setbacks, including but not limited to drinking water well setbacks and septic setbacks.
(4)Stormwater management system concept plan. A written or graphic concept plan of the proposed post-development stormwater management system that identifies the scope and magnitude of the development and related stormwater requirements. The plan shall also include:
a.identification and description of how stormwater better site design is used to achieve the stormwater management standards and reduce the need for structural stormwater controls;
b.preliminary selection and location of proposed structural stormwater controls;
c.location of existing and proposed conveyance systems such as grass channels, swales, and storm drains;
d.existing and proposed flow paths and discharges;
e.location of floodplain/floodway limits;
f.relationship of the site to upstream and downstream properties and drainages; and
g.preliminary location of proposed stream channel modifications, such as bridge or culvert crossings.
(5)Any request for a determination of infeasibility.
(d)The applicant or owner shall receive a certification at the conclusion of the consultation meeting. (Ord. No. 2020-66(20-O-1498), § 1, 11-25-20)
§ 74-511
Submittal requirements for stormwater management plans.
Sec. 74-511. Submittal requirements for stormwater management plans.
(a)A stormwater management plan is required where the development of a site meets at least one of the applicability criteria found in section 74-504(a) or section 74-504(c). The stormwater management plan shall detail how post-development runoff will be controlled or managed and how the proposed development will meet the requirements of this article, including the Georgia Stormwater Management Manual.
(b)This plan shall be in accordance with the criteria established in this section and must be prepared under the direct supervisory control of either a professional engineer or a landscape architect, either of which may seal and sign the overall plan. However, the items required by subsections (d)(6) through (d)(9) shall be sealed and signed by a professional engineer. Any document sealed and signed under this provision constitutes a verification that the design of all stormwater management measures meet the submittal requirements of this article.
(c)Plans and studies shall be presented in a format that itemizes each of the requirements in section 74-511(d), including the stormwater management standards.
(d)The stormwater management plan must ensure that the requirements and criteria in this article are being satisfied and that opportunities are being taken to minimize adverse postdevelopment runoff impacts from the development. The plan shall consist of maps, narratives, and supporting design calculations (hydrologic and hydraulic) for the proposed stormwater management system. The plan shall include all applicable design requirements and forms found in the Georgia Stormwater Management Manual and the city's submittal requirements for all development that is subject to this article. This includes but is not limited to the following:
(1)Common address and legal description of the site;
(2)Vicinity map;
(3)Existing conditions/proposed site plans. Existing conditions and proposed site layout sketch plans, which illustrate at a minimum:
a.Existing and proposed topography (minimum two-foot contours);
b.Perennial and intermittent streams;
c.Mapping of predominant soils from soil surveys;
d.Boundaries of existing predominant vegetation and proposed limits of clearing and grading; and
e.Location of existing and proposed roads, buildings, parking areas and other impervious surfaces;
(4)Infiltration rates. Infiltration rates shall be determined by soil surveys, on-site soil analysis, or an infiltration test. If the site has been previously developed or graded or contains urban soil types, an infiltration test is required;
(5)Natural resources inventory. A written or graphic inventory of the natural resources in existence prior to the commencement of the development. This inventory shall address resources both on the site and in the surrounding area that are or may be impacted by the development. Particular attention should be paid to environmentally sensitive features that present constraints for development. This inventory shall also include:
a.A description of soil conditions, trees and canopy cover, topography, wetlands, and other native vegetative areas on the site;
b.The location and boundaries of other natural feature protection and conservation areas such as wetlands, lakes, ponds, floodplains, stream buffers; and
c.Other setbacks, including but not limited to drinking water well setbacks and septic setbacks
(6)Existing conditions hydrologic analysis. The existing condition hydrologic analysis for runoff rates, volumes, and velocities, in accordance with the Georgia Stormwater Management Manual, which shall include:
a.A topographic map of existing site conditions with the drainage basin boundaries indicated;
b.Acreage, soil types, and land cover of areas for each subbasin affected by the development;
c.All perennial and intermittent streams and other surface water features;
d.All existing stormwater conveyances and structural stormwater controls;
e.Direction of flow and exits from the site;
f.Analysis of runoff provided by offsite areas upstream of the site;
g.Methodologies, assumptions, site parameters and supporting design calculations used in analyzing the pre-development hydrology. For Redevelopment, predevelopment conditions shall be modeled using the established guidelines in section 74-513;
(7)Post-development hydrologic analysis. The post-development hydrologic analysis for runoff rates, volumes, and velocities, which shall be calculated in accordance with the Georgia Stormwater Management Manual, and include:
a.A topographic map of developed site conditions with the post-development drainage basin boundaries indicated;
b.Total area of post-development impervious surfaces and other land cover areas for each subbasin affected by the development;
c.Calculations for determining the runoff volumes that need to be addressed for each subbasin for the development to meet the stormwater management standards;
d.Location and boundaries of proposed natural feature protection and conservation areas;
e.Documentation and calculations for any applicable site design credits that are being utilized;
f.Methodologies, assumptions, site parameters and supporting design calculations used in analyzing the pre-development hydrology;
g.Evidence that an application for sewer service capacity has been made;
h.For a subdivision or planned development, post-development runoff volumes, rates, and velocities shall be calculated based on the built-out conditions of the entire parcel to be subdivided, regardless of future ownership of individual lots; and
i.Estimates of impervious surfaces shall be made based on maximum allowable lot coverage in accordance with section 16-29.001(38) of the Land Development Code when meeting the stormwater management standards in section 74-513(c) through (i). The owner of said subdivided parcel or applicant may provide the runoff reduction/water quality measures in accordance with sections 74-513(a) and (b) for individual lots and must be reflected accordingly on the final plat;
(8)Stormwater management system. The description, scaled drawings and design calculations for the proposed post-development stormwater management system, which include:
a.A map and/or drawing or sketch of the stormwater management measures, and the placement of existing and proposed structural stormwater controls, including design water surface elevations, storage volumes available from zero to maximum head, location of inlet and outlets, location of bypass and discharge systems, and all orifice/ restrictor sizes;
b.A narrative describing how the selected structural stormwater controls will be appropriate and effective; cross-section and profile drawings and design details for each of the structural stormwater controls in the system, including supporting calculations to show that the facility is designed according to the applicable design criteria;
c.A hydrologic and hydraulic analysis of the stormwater management system for all applicable design storms (including stage-storage or outlet rating curves, and inflow and outflow hydrographs);
d.Documentation and supporting calculations to show that the stormwater management system adequately meets the post-development stormwater management standards;
e.Drawings, design calculations, elevations and hydraulic grade lines for all existing and proposed stormwater conveyance elements including stormwater drains, pipes, culverts, catch basins, channels, swales, and areas of overland flow; and
f.Where applicable, a narrative describing how the stormwater management system corresponds with any watershed protection plans, total maximum daily load implementation plans, and/or local greenspace protection plans;
(9)Post-development downstream analysis. In accordance with the Georgia Stormwater Management Manual, a downstream peak flow analysis which includes the assumptions, results and supporting calculations to show safe passage of postdevelopment design flows downstream and which shall:
a.Address each and every point or area along the site boundaries at which runoff will exit the property;
b.Focus on the portion of the drainage Channel or watercourse immediately downstream from the development. This area shall extend downstream from the site to a point in the drainage basin where the development area is ten percent of the total basin area; and
c.Calculate runoff volumes and discharge rates with consideration to be given to any planned future upstream land use changes;
(10)Construction phase erosion and sedimentation control plan. An erosion and sedimentation control plan that shall include:
a.Information on the sequence/phasing of construction and temporary stabilization measures and temporary structures that will be converted into permanent stormwater management measures;
b.A proposed staged construction and inspection control schedule for approval; otherwise, the construction and inspection control schedule will be for the entire drainage system;
c.A provision that no staged work related to the construction of Stormwater Management Measures or best management practices for erosion and sedimentation control shall proceed to the next stage of work, according to the sequence specified in the approved staged construction and inspection control schedule, until that stage has been inspected and approved;
d.A construction sequencing plan; and
e.A proposal for runoff reduction and water quality measures to be installed according to the construction sequencing plan as late in the construction process as practicable to prevent clogging, soil compaction and other issues;
(11)Stormwater planting plan. A detailed landscaping and vegetation plan describing the woody and herbaceous vegetation that will be used within and adjacent to stormwater management measures. The stormwater planting plan must also include:
a.The arrangement of planted areas, natural and greenspace areas and other landscaped features on the site plan;
b.Information necessary to construct the landscaping elements shown on the plan drawings;
c.Descriptions and standards for the methods, materials and vegetation that are to be used in the construction; density of plantings;
d.descriptions of the stabilization and management techniques used to establish vegetation; and
e.a description of who will be responsible for ongoing maintenance of vegetation for the stormwater management measures and how adequate vegetative cover is preserved;
(12)Operation and maintenance agreement. An operation and maintenance agreement; and
(13)Request for a determination of infeasibility. Any request for a determination of infeasibility.
(Ord. No. 2020-66(20-O-1498), § 1, 11-25-20)
§ 74-512
Off-site facilities.
Sec. 74-512. Off-site facilities.
(a)The stormwater management plan for each development shall provide for stormwater management measures located on the site, unless provisions are made to manage stormwater by an off-site facility or regional stormwater management facility in which case the following applies:
(1)An approved operation and maintenance agreement must be recorded by the applicant or owner in the deed records of the Superior Court of Fulton or DeKalb County, whichever is applicable, on the following land:
a.the land where the off-site facility or regional stormwater management facility is physically located;
b.the site; and
c.any future sites that may utilize the off-site facility or regional stormwater management facility.
(2)The off-site facility or regional stormwater management facility must be designed and adequately sized to provide a level of stormwater quantity and quality control that is equal to or greater than that which would be afforded by on-site stormwater management measures.
(3)On-site measures shall be implemented, where necessary, to protect upstream and downstream properties and drainage channels from the site to the off-site facility.
(b)A stormwater management plan that shows the adequacy of the off-site facility or regional stormwater management facility must be submitted to the department.
(c)To be eligible for a modification, the applicant or owner must demonstrate to the satisfaction of the department that the use of an off-site facility or regional stormwater management facility will not result in the following impacts to upstream or downstream areas:
(1)Increased threat of flood damage to public health, life, and property;
(2)Deterioration of existing culverts, bridges, dams, and other structures;
(3)Accelerated streambank or streambed erosion or siltation;
(4)Degradation of in-stream biological functions or habitat; or
(5)Water quality impairment in violation of state water quality standards, or violation of any state or federal regulations.
(Ord. No. 2020-66(20-O-1498), § 1, 11-25-20)
§ 74-513
Stormwater management standards.
Sec. 74-513. Stormwater management standards.
For new development, the following standards shall be applied to the area of the site impacted by the proposed work. For redevelopment, the following standards shall be applied to the area of the site impacted by the proposed work, provided that the impacted area does not exceed 35 percent of the previously developed area. If the impacted area exceeds 35 percent of the previously developed area, the following standards shall be applied to the entire site, including the previously developed area:
(a)Runoff reduction. The runoff volume generated by the first 1.0" of rainfall shall be retained on-site in order to help maintain pre-development site hydrology and help protect the local watershed from several indirect impacts of the development process, including decreased groundwater recharge, decreased baseflow and degraded water quality. A stormwater management system is presumed to comply with this criterion if:
(1)It includes green infrastructure practices that provide for the interception and evapotranspiration, infiltration, or capture and reuse of runoff, that have been selected, designed, constructed and maintained in accordance with the Georgia Stormwater Management Manual; or constitutes an alternative practice responsibly designed and documented by a professional engineer to reproduce the intent of the Georgia Stormwater Management Manual; and
(2)It is designed to provide the amount of runoff reduction from the runoff generated by the first 1.0" of rainfall as specified in the latest edition of the Georgia Stormwater Management Manual.
(3)The applicant shall prioritize stormwater management measures used to meet the runoff reduction standard in the following order:
a.Vegetated infiltration BMPs: bioretention, stormwater planters, etc.
b.Permeable pavements.
c.Green roofs, rainwater harvesting and reuse, and lined bioretention or lined stormwater planters.
d.Infiltration practices installed underground, specifically dry wells, modified french drains, and similar practices.
(b)Water quality protection. All runoff generated from a site shall be adequately treated before discharge using stormwater management measures that remove at least 80 percent of the calculated average annual post-development total suspended solids (TSS) load as defined in the Georgia Stormwater Management Manual for Runoff from a 1.2 inch rainfall event. it will be presumed that a stormwater management system complies with this requirement if it satisfies the runoff reduction criteria in section 74-513(a). All water quality protection measures shall be designed and constructed in accordance with the following criteria:
(1)The measure shall be sized to treat the prescribed water quality treatment volume from the site, as defined in the Georgia Stormwater Management Manual;
(2)Appropriate stormwater management measures are selected, designed, constructed or preserved, and maintained according to the specific criteria in the Georgia Stormwater Management Manual; or constitutes an alternative practice responsibly designed and documented by a professional engineer to reproduce the intent of the Georgia Stormwater Management Manual; and
(3)Runoff from a high risk operation or hotspot is adequately treated and addressed through the use of appropriate stormwater management measures and pollution prevention practices.
(c)Stream channel protection. Protection of stream channels from bank and bed erosion and degradation shall be provided by using all the following approaches:
(1)Preservation, restoration, or reforestation with native vegetation of the applicable stream buffer pursuant to chapter 74 article VII of the Code.
(2)Twenty-four-hour extended detention of the one-year, 24-hour return frequency storm event.
(3)Erosion prevention measures such as energy dissipation and velocity control. This stormwater management standard shall not be waived, however for development that creates, adds, or demolishes and replaces less than 5,000 square feet of impervious surface and meets the performance criteria of section 74-513(a) and (b), stream channel protection is not required.
(d)Overbank flood protection. For new development, overbank flood protection and property protection shall be provided by attenuating the post-development peak discharge rate to the pre-development rate up to the 25-year, 24-hour return frequency storm event.
For redevelopment, overbank flood protection and property protection shall be provided by reducing the peak discharge rate up to the 25-year, 24-hour storm event in accordance with the following formula:
%PIC= %PDRR 2 PIS = Pre-Development Impervious Surface PDRR = Peak Discharge Rate Reduction For sites where previous demolition has removed impervious surfaces, pre-development peak discharge rate calculations and percentage of impervious surface shall be calculated based on pre-demolition conditions. For sites that have been demolished and have remained fallow and stabilized with vegetation for a minimum of five years, they shall be considered as having pre-development conditions of 20% impervious surface for purposes of calculating peak discharge rate reduction.
For development permitted post-2004 and served by appropriate stormwater management facilities, subsequent redevelopment of the same area is not required to further reduce the peak discharge rate, provided that the site continues to meet the reduction previously achieved.
For redevelopment that creates, adds, or demolishes and replaces less than 5,000 square feet of impervious surface and meets the stormwater management standards in section 74-513(a) and (b), overbank flood protection is not required.
(e)Extreme flood protection. Extreme flood protection and public safety protection shall be provided by attenuating and safely conveying the 100-year, 24-hour return frequency storm event without any increase in peak discharge rate, such that flooding is not exacerbated.
For redevelopment that creates, adds, or demolishes and replaces less than 5,000 square feet of impervious surface and meet the stormwater management standards in section 74-513(a) and (b), extreme flood protection is not required.
(f)Structural stormwater controls.
(1)All structural stormwater controls shall be selected and designed using the appropriate criteria from the Georgia Stormwater Management Manual.
(2)All structural stormwater controls must be designed appropriately to meet their intended function.
(3)For other structural stormwater controls not included in the Georgia Stormwater Management Manual, or for which pollutant removal rates have not been provided, the effectiveness and pollutant removal of the structural control must be documented through prior studies, literature reviews, or other means and receive approval from the city before being included in the design of a stormwater management system.
(4)In addition, if hydrologic or topographic conditions, or land use activities warrant greater control than that provided by the minimum control requirements, the city may impose additional requirements deemed necessary to protect upstream and downstream properties and aquatic resources from damage due to increased volume, frequency, and rate of runoff or increased nonpoint source pollution loads created on the site.
(5)Applicant or owner shall consult the Georgia Stormwater Management Manual for guidance on the factors that determine site design feasibility when selecting and locating a structural stormwater control.
(g)Credits for stormwater better site design. The applicant or owner may take credit for stormwater better site design and reduce the water quality volume and runoff reduction requirements. The site design practices that qualify for this credit and the criteria and procedures for applying and calculating the credits are included in the Georgia Stormwater Management Manual.
(h)Drainage system guidelines. Stormwater conveyance facilities, which may include but are not limited to culverts, stormwater drainage pipes, catch basins, drop inlets, junction boxes, headwalls, gutters, swales, channels, ditches, and energy dissipaters shall be provided when necessary for the protection of public right-ofway and private properties adjoining sites and/or public rights-of-way. Stormwater conveyance facilities that are designed to carry runoff from more than one parcel, existing or proposed, shall meet the following requirements:
(1)Methods to calculate stormwater flows shall be in accordance with the Georgia Stormwater Management Manual.
(2)All culverts, pipe systems and open channel flow systems shall be sized in accordance with the stormwater management plan, using the methods in the Georgia Stormwater Management Manual.
(3)Design and construction of stormwater conveyance facilities shall be in accordance with the criteria and specifications found in the Georgia Stormwater Management Manual.
(4)Stormwater management facilities shall be designed and installed according to an approved application for sewer service capacity.
(5)Stormwater management facilities, including conveyance facilities shall not discharge to the surface of public rights-of-way.
(i)Rules for dam safety and any other applicable federal, state, or local requirement. Any development that proposes a dam shall comply with the Georgia Safe Dams Act and Rules for Dam Safety as applicable.
(j)All development, including development exempted from this article under section 74-504(d), shall comply with the following minimum requirements:
(1)Lots and buildings shall be developed in a manner to ensure that stormwater exiting individual parcels or lots under post-development conditions does not adversely impact the adjacent parcels or lots as a result of concentrated flows, flooding, erosion, or deposits of silt or sediment.
(2)The stormwater discharge from a downspout, cistern, or any water collection device shall be located a distance of no less than ten feet from common property line and oriented so direction of flow is not toward the adjacent property line.
(3)Discharge from any downspout must be dissipated, infiltrated, or diverted such that flows are not concentrated.
(4)No person shall erect, construct, or otherwise permit any obstruction that prevents the natural or contained flow of water to any component of the stormwater system of the city, unless such obstruction is allowed as part of a permit approved after compliance with this article.
(5)An approved, installed stormwater management measure shall not be removed or demolished, without written permission from the city, nor shall the measure be prevented from proper operation by action, inaction, or omission by the owner or any successors in title.
(Ord. No. 2020-66(20-O-1498), § 1, 11-25-20)
§ 74-514
High risk operation and hotspot requirements.
Sec. 74-514. High risk operation and hotspot requirements.
In addition to the provisions of this article, new development and redevelopment that meets the definition of high risk operation or hotspot shall meet the following criteria:
(a)No portion of the area of risk shall bypass the stormwater management system;
(b)At a minimum, treatment method must be as specified in the Georgia Stormwater Management Manual and be designed for the specific pollutant of risk; and
(c)High risk operations and hotspots shall not use permeable pavement to meet the performance standards of the article, except as approved by the commissioner based on detailed engineering studies and supporting documentation.
(Ord. No. 2020-66(20-O-1498), § 1, 11-25-20)
§ 74-515
Single-family residential development stormwater management plan requirements.
Sec. 74-515. Single-family residential development stormwater management plan requirements.
In addition to the requirements in sections 74-513(a), 74-513(b), and 74-513(j), single-family residential development not otherwise exempt from this article under section 74-504(d), shall submit a plan to the department identifying the following:
(a)Existing and proposed ground contours and elevations;
(b)Existing and proposed vegetative cover, including trees;
(c)Sanitary and storm sewers, structures and easements;
(d)Location, configuration and finished floor elevations for existing and proposed building structures;
(e)Location, configuration and finished elevations for existing and proposed paved areas;
(f)To the extent practicable, the location of any retaining walls along the property line and topographical features and the location of infrastructure, in relation to adjacent properties, that control or influence the flow of water towards or away from the site; and
(g)Erosion and sedimentation control plan.
The plan shall be signed and sealed by State of Georgia registered architect, landscape architect, professional engineer or land surveyor. (Ord. No. 2020-66(20-O-1498), § 1, 11-25-20)
§ 74-516
Adoption of regulations and policies.
Sec. 74-516. Adoption of regulations and policies.
The commissioner may, from time to time, adopt such rules, regulations, or policies necessary to implement, give effect to, and enforce the standards and requirements of this article. (Ord. No. 2020-66(20-O-1498), § 1, 11-25-20)
§ 74-517
Stormwater management operation and maintenance agreements.
Sec. 74-517. Stormwater management operation and maintenance agreements.
(a)An operation and maintenance agreement is required for all development where stormwater management systems are to be installed, except for single-family residential development or development exempted under section 504(d). Operation and maintenance agreements must also include any existing stormwater management measures on the site that will not be affected by the proposed development but which will service the proposed development.
Note: The submittal of operation and maintenance agreements is provided for in section 74-509.
(b)An operation and maintenance agreement must be approved by the City; and upon approval, recorded in the deed records of the Superior Court of Fulton or DeKalb County, whichever is applicable, for the Site or in accordance with the requirements of Section 74-512(a)(1), prior to issuance of a Permit.
(c)The commissioner may adopt a template operation and maintenance agreement having regard to the matters set out in this section.
(d)The operation and maintenance agreement shall comply with the requirements of the department and shall include, at a minimum:
(1)A description of the property;
(2)A requirement that the owner must comply with the stormwater management plan and the operations and maintenance plan required by section 74-517(d)(11);
(3)Identification of the owner as having the responsibility for the ownership, inspection, operation, and maintenance of the stormwater management system;
(4)Language confirming that the operation and maintenance agreement runs with the land and that all successors in title are bound by its terms;
(5)If any part of a site with a stormwater management system is the subject of a subdivision, the creation of a property owner's association or the recording of condominium covenants, a requirement to comply with section 74-517(f), unless otherwise consented to by the commissioner, which consent may be subject to conditions;
(6)Maintenance access easements in favor of the city that ensure access to the stormwater management system for the purpose of inspection and maintenance;
(7)Procedures for the commissioner to consent to amending or terminating the agreement, and releasing the agreement from the title to the land;
(8)Where an off-site facility or regional stormwater management facility is used, in each of the applicable agreements required by section 74-512, a statement concerning the division of responsibility between the owner of each site and the owner of the land on which the off-site facility or regional stormwater management facility is located;
(9)A requirement for the submittal of an annual inspection and maintenance report to the department in accordance with the requirements of section 74-517(e);
(10)An indemnification and hold harmless provision, which shall state at a minimum, that the Owner and successor in title shall indemnify and hold harmless the City for any up-stream or down-stream damages due to structural, design, installation, maintenance, or any other failure of the stormwater management system; and
(11)An operations and maintenance plan that must, at a minimum, include:
a.A narrative describing how the stormwater management system is designed to function, including runoff capture, runoff control, water quality treatment, channel protection, and flood protection;
b.An identification of the parts or components of a stormwater management system that need to be regularly or periodically inspected and maintained, and the equipment and skills or training necessary;
c.An inspection and maintenance schedule, description of maintenance tasks, identification of responsible parties for ongoing maintenance, description of funding source, and a review of access and safety issues; and
d.Provisions for the periodic review and evaluation of the effectiveness of the maintenance program and the need for revisions or additional maintenance procedures.
(e)An annual inspection and maintenance report must be submitted to the department, on forms supplied by the department, within 30 days of the first anniversary of the date that the final inspection was completed pursuant to section 74-43(f) of the Code and within 30 days of that anniversary date for each year thereafter. The annual inspection and maintenance report shall contain all the following:
(1)The name and address of the owner;
(2)A statement that an inspection was made of all required components of the stormwater management system;
(3)The date of inspection;
(4)Current photographs of the stormwater management system;
(5)A certification statement from a Georgia Soil and Water Conservation Commission Level II Certified Design Profession or Certified Plan Reviewer, Professional Engineer, or Landscape Architect who conducted the inspection stating either:
a.That the stormwater management system is performing properly and in compliance with the approved stormwater management plan, the applicable operation and maintenance agreement and the Georgia Stormwater Management Manual; or
b.That the stormwater management system is not compliant with the approved stormwater management plan or the applicable operation and maintenance agreement; and
(6)Execution by the owner with a statement certifying that the contents of the report are true and correct.
If the stormwater management system is certified as non-compliant, a plan and schedule for bringing the system into compliance must be provided to the department for approval within 30 days of the certification of non-compliance. The owner must carry out all work required to bring the stormwater management system into compliance in accordance with the department's approval. An updated annual inspection and maintenance report must be submitted to the department within ten days of the stormwater management system being brought into compliance. Any updated annual inspection and maintenance report that may be required does not affect the date by which the annual inspection and maintenance report is required by this section.
(f)Where a stormwater management system exists on any property that is subject to subdivision, the creation of a property owner's association or the recording of condominium covenants, the stormwater management system shall be owned in accordance with the following:
(1)If a property owners' association is created in accordance with the Georgia Property Owners' Association Act (O.C.G.A. § 44-3-220, et seq.) or an association is created in accordance with the Georgia Condominium Act (O.C.G.A. § 443-70, et seq.), the stormwater management system shall be treated as a common area (with respect to a property owners' association) or a common element (with respect to a condominium association), and the following provisions, at a minimum, shall be included in the relevant declarations, bylaws or covenants:
a.Governance, where relevant, by the Georgia Property Owners' Association Act (O.C.G.A.§ 44-3-220, et seq.) or Georgia Condominium Act (O.C.G.A. § 44-3-70, et seq.) or any successor Acts that grant lien rights to the relevant association for maintenance expenses and tax obligations;
b.Automatic compulsory membership in the relevant association of all lot purchasers and their successors in title;
c.A fair and uniform method of assessment and collection/payment for dues, maintenance, and related costs;
d.Perpetual and continued inspection and maintenance liability for the required stormwater management system;
e.Filing of all required declarations, bylaws, covenants and restrictions with the Clerk of the Superior Court of Fulton or DeKalb County, whichever is applicable; and
f.Subject to the requirements of state law, prior arrangement for the transfer of ownership of the stormwater management system in fair and equal parts to all lot owners in the case of the relevant association dissolving.
(2)If a relevant association is not created, the stormwater management system shall be owned by all successors in title to the land that is subject to a subdivision. Costs associated with the inspection and maintenance of the stormwater management system shall be assessed equitably among all of the lots in the development, however each lot is jointly and severally liable to the city if the city is required to take action under section 74-520.
(g)An owner or a proposed purchaser of land that is subject to an operation and maintenance agreement, may request a certificate from the commissioner that no monies are owing to the city under the terms of the operation and maintenance agreement. The certificate must not address whether the owner is in compliance with the operation and maintenance agreement. (Ord. No. 2020-66(20-O-1498), § 1, 11-25-20)
§ 74-518
Performance and maintenance bonds.
Sec. 74-518. Performance and maintenance bonds.
For development that requires an operation and maintenance agreement, the owner or applicant shall post a performance bond as required by section 74-509(c)(4), and in accordance with the following requirements:
(1)The bond amount shall be $3,000.00 plus a prorated amount of $3,000.00 per disturbed acre for any amount or fraction greater than one acre or, where the permit application relates to a site that is subject to a stormwater master plan approved in accordance with section 74-525, the bond amount shall be calculated by reference to the estimated disturbed acres or frac-tion thereof for all of the parcels of land that are subject to the stormwater master plan;
(2)The bond shall be issued by a bonding company licensed and registered in Georgia;
(3)The bond shall ensure that the stormwater management system remains intact and functioning according to its design;
(4)The term of the bond shall extend from the date that the bond is posted until three years from the date that the final inspection was completed pursuant to section 74-43(f) of the Code; and
(5)The bond shall be written to the benefit of the city and shall obligate the bonding company to correct any violations of this article for the term of the bond.
(6)The bond may be released when the city receives the first annual inspection and maintenance report under section 74-517(e) that certifies that the stormwater management system is compliant.
(7)Failure to maintain or renew the bond, should it expire, shall be a violation of this article, and shall be a separate violation for each day of such failure.
(8)If during the term of the bond and after written notice is provided by city to the relevant parties, the owner or applicant fails to bring the stormwater management system into compliance with this article, the owner or applicant shall be deemed in violation of this article. In addition to other fines or penalties, the owner or applicant shall be deemed to have forfeited the bond. Upon notice by the city that the bond is forfeited, the bonding company shall bring the stormwater management system into compliance. Alternatively, the city may undertake the necessary work to bring the stormwater management system into compliance and the bonding company shall be responsible for the associated costs up to the amount of the bond. Any additional amounts that may be outstanding will be recovered under section 74-520. (Ord. No. 2020-66(20-O-1498), § 1, 11-25-20)
§ 74-519
Construction inspections of post-development stormwater management system.
Sec. 74-519. Construction inspections of post-development stormwater management system.
(a)Inspections to ensure plan compliance during construction. Periodic inspections of the stormwater management system construction shall be conducted by the staff of the city. Construction inspections shall utilize the approved stormwater management plan and the construction sequencing plan for establishing compliance.
(1)All inspections shall be documented with written reports that contain the following information:
a.The date and location of the inspection;
b.Whether construction is in compliance with the approved stormwater management plan and the construction sequencing plan;
c.Variations from the approved construction specifications; and
d.Any other variations or violations of the conditions of the approved stormwater management plan and the construction sequencing plan.
(2)If any violations are found, the applicant or owner shall be notified in writing of the nature of the violation and the required corrective actions. Failure to carry out the corrective actions is a violation of this article.
(b)Final inspection and as-built plans. Upon completion of a development, and prior to the final inspection pursuant to section 74-43(f) of the Code or the issuance of a certificate of occupancy or certificate of completion, the applicant or owner shall:
(1)Certify that the completed development is in accordance with the approved stormwater management plan; and
(2)Submit the as-built plans, certified by a professional engineer, for the stormwater management system which must show the configuration of the system. The plans must be submitted in an electronic format as determined by the department and in paper format.
(Ord. No. 2020-66(20-O-1498), § 1, 11-25-20)
§ 74-520
Ongoing inspection and maintenance of stormwater management systems.
Sec. 74-520. Ongoing inspection and maintenance of stormwater management systems.
(a)Operation and maintenance agreements. An owner must comply with any operation and maintenance agreement.
(b)Pre-existing facilities and other agreements. For any land that is not subject to an operation and maintenance agreement for a stormwater management system, the following shall apply:
(1)Where another agreement is in place (such as an inspection and maintenance or indemnification agreement), the owner must comply with that agreement.
(2)Where there is no agreement in place, the owner must maintain the stormwater management system in a manner that ensures that the system performs as originally designed.
(c)Maintenance inspections of stormwater management systems. The following shall apply to all land regardless of the existence of an operation and maintenance agreement or other similar agreement:
(1)Stormwater management systems must undergo ongoing inspections to document maintenance and repair needs and ensure compliance with the requirements of any agreement, any stormwater management plan and this article.
(2)A stormwater management system shall be inspected in accordance with any operation and maintenance agreement or other similar agreement. In the absence of an operation and maintenance agreement or similar agreement, or where such an agreement does not provide for periodic inspections, the stormwater management system must be inspected by the owner at least annually.
(3)In the event that the stormwater management system has not been maintained and/or becomes a danger to public safety or public health, the city shall notify the owner by registered or certified mail, or by delivery in person of a notice of violation. The notice shall specify the measures needed to bring the stormwater management system into compliance with this article and shall specify the time within which such measures shall be completed. Failure of the city to provide such notice shall not relieve the owner from performing proper maintenance and inspection of the stormwater management system. A failure by the owner to comply with the notice is a violation of this article.
(4)Inspection programs by the city may be established on any reasonable basis, including but not limited to routine inspections, random inspections, inspections based upon complaints or other notice of possible violations, and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to, reviewing maintenance and repair records, sampling discharges, surface water, groundwater, and material or water in stormwater management systems, and evaluating the condition of those systems.
(d)Records of maintenance activities. Parties responsible for the operation and maintenance of a stormwater management system shall maintain records of all maintenance and repairs and provide copies to the department upon request.
(e)Failure to maintain. If an owner is in breach of subsections (a), (b), (c)(2) or (c)(3) of this section, the city, after 30 days written notice (except, that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours notice shall be sufficient), may correct any violation by performing the necessary work to place the stormwater management system in proper working condition. The city may assess the owner of the system for the cost of repair work which shall be a lien on the property, and may be placed on the ad valorem tax bill for such property and collected in the ordinary manner for such taxes. (Ord. No. 2020-66(20-O-1498), § 1, 11-25-20)
§ 74-521
Enforcement; notice of violation.
Sec. 74-521. Enforcement; notice of violation.
(a)Notwithstanding any enforcement action authorized by other parts of this article, any action or inaction which violates the provisions of this article, the requirements of an approved stormwater management plan, a permit, or an operation and maintenance agreement or other similar agreement, may be subject to:
(1)the enforcement actions outlined in this section and section 522;
(2)injunctive or other equitable relief where any such action or inaction is continuous with respect to time; or
(3)a combination of (1) and (2) above.
(b)A violation of any provisions of this article may be subject to civil penalties, criminal penalties, and stop work orders as set out in section 74-522, whether or not a notice of violation is issued.
(c)Right-of-entry for inspection. The city may enter a property at reasonable times and in a reasonable manner for the purpose of inspection or abatement. This includes the right to enter a property when it has a reasonable basis to believe that a violation of this article is occurring or has occurred, or that entry is necessary for the abatement of a public nuisance or correction of a violation of this article. Refusing entry or access to any authorized representative or agent of the city who requests entry for the purposes of inspection or abatement, and who presents appropriate credentials, or obstructing, hampering or interfering with any such representative while in the process of carrying out his or her official duties, is a violation of this article.
(d)Any enforcement activities for violations of the provisions of this article which are also violations of chapter 74 <http://library.municode.com/HTML/10376/leve12/PTIICOORENOR CH74EN.html>Article II of the Code for landdisturbing activities shall be undertaken pursuant to the provisions of that article.
(e)Any enforcement activities for violations of the provisions of this which are also violations of chapter 158 <http://library.municode.com/ HTML/10376/leve12/PTIICOORENOR CH158VE.html>of the Code for vegetation shall be undertaken pursuant to that chapter <http:// library.municode.com/HTML/10376/leve12/PTIICOORENOR CH158VE.html>.
(f)Notice of violation. If the city determines that an applicant or owner has failed to comply with a permit, an approved stormwater management plan, operation and maintenance agreement or other similar agreement, or any provision of this article (whether or not other enforcement action is authorized by another part of this article), it shall issue a written notice of violation to such applicant or owner. Where a person is engaged in development without having first secured a permit, the notice of violation shall be served on the owner or person that is apparently in charge of the development being conducted on the site. The notice of violation shall contain:
(1)The name and address of the owner, the applicant or the person apparently in charge of the development being conducted on the site;
(2)The address or other description of the land upon which the violation is occurring;
(3)A statement specifying the nature of the violation;
(4)A description of the remedial measures necessary to bring the action or inaction into compliance with the permit, the stormwater management plan, this article or the Code and the date for the completion of such remedial action;
(5)A statement of the penalty or penalties that may be assessed against the person to whom the notice of violation is directed; and
(6)A statement that the determination of violation may be appealed to the municipal court by filing a written notice of appeal within 30 days after the date on which the notice of violation was issued (except, that in the event the violation constitutes an immediate danger to public health or public safety, or where a person is taking action without a required permit, such a notice of violation must be appealed within 24 hours of receiving the notice). (Ord. No. 2020-66(20-O-1498), § 1, 11-25-20)
§ 74-522
Penalties.
Sec. 74-522. Penalties.
(a)Penalties. Subject to section 74-521(b), in the event the remedial measures described in a notice of violation have not been completed within the time provided in the notice of violation for appeal to the municipal court, any one or more of the following actions or penalties may be taken or assessed against the person to whom the notice of violation was directed.
(b)Notice. Upon expiration of the notice, the city may notify the person in violation of its intent to seek penalties and of any other enforcement to be taken under this section. Before taking any of the following actions or imposing any of the following penalties, the city shall first notify the owner or the applicant in writing of its intended action, and shall provide not more than 72 hours (except, that in the event the violation constitutes an immediate danger to public health or public safety, or taking action without a required permit 24 hours notice shall be provided) to cure such violation. In the event the owner or the applicant fails to cure such violation after such notice and cure period, the city may take any one or more of the following actions or impose any one or more of the following penalties:
(1)Stop work order. The city may issue a stop work order which shall be served on the owner or the applicant. It shall stop all activities at the site except for the work required to remedy the violation or violations. The stop work order shall remain in effect until the owner or the applicant has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein.
(2)Withholding, suspension, or revocation of certificate of occupancy or certificate of completion. The city may refuse to issue, suspend, or revoke, a certificate of occupancy or certificate of completion, for the building or other improvements constructed or being constructed on the site until the owner or the applicant has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein. A suspended or revoked certificate of occupancy or certificate of completion may be reinstated after the owner or the applicant has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein.
(3)Suspension, revocation or modification of permit. the city may suspend, revoke or modify the permit authorizing the development. A suspended, revoked or modified permit may be reinstated after the owner or the applicant has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein. Suspension, revocation or modification of a permit shall not prohibit the owner or the applicant from taking the necessary remedial measures to cure the violations.
(4)Civil penalties. In the event the owner or the applicant fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within the time provided in the notice of violation, or such greater period as the city shall deem appropriate after the city has taken one or more of the actions described above, the city may issue a citation for the violation of this article and impose a penalty not to exceed $2,500.00 per violation, depending on the severity of the violation, for each day the violation remains unremedied after receipt of the notice of violation.
(5)Criminal penalties. For intentional and flagrant violations of this article, the city may issue a citation to the owner or the applicant, requiring such person to appear in municipal court to answer charges for such violation. Upon conviction, such person shall be punished by a fine not to exceed $1,000.00 or imprisonment for 60 days or both. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense. Imposition of criminal penalties shall be a separate and distinct action from the imposition of civil penalties pursuant to subsection (4) of this section.
(6)Liability. Implementation of this section does not reduce liability under any other applicable state or federal law, rule, or requirement.
(c)Remedies not exclusive. The remedies listed in this article are not exclusive of any other remedies available under any applicable federal, state or local law. Each remedy listed in this subsection may be sought and imposed for each day of violation and the Department may seek cumulative remedies. (Ord. No. 2020-66(20-O-1498), § 1, 11-25-20)
§ 74-523
Determining infeasibility.
Sec. 74-523. Determining infeasibility.
(a)An applicant or owner that cannot fully comply with the following stormwater management standards shall make a request for a determination of infeasibility to the department:
(1)For all development, the runoff reduction stormwater management standard in section 74-513(a); and
(2)For linear transportation projects, the stream channel protection, overbank flood protection and extreme flood protection standards in sections 74-513(c) though (e).
(b)The request must be submitted prior to the stormwater consultation meeting in accordance with section 74-510(c)(5), or as soon as the applicant believes such a request is necessary.
(c)The request for a determination of infeasibility shall include all information required by the runoff reduction feasibility policy or the linear transportation project feasibility policy, as applicable. This information shall demonstrate that implementing the relevant stormwater management standards are infeasible for all, or portions of a development. For development other than linear transportation projects, the request shall also discuss which alternative under section 74-524 is proposed to be implemented.
(d)The commissioner may approve or deny the request for determination of infeasibility after considering any relevant provisions of the Code, the runoff reduction feasibility policy or linear transportation project feasibility policy as applicable, other department policies, and the request for determination of infeasibility as submitted by the applicant or owner.
(e)An applicant shall be notified of the approval or the denial of a determination of infeasibility in writing. This notice shall be accompanied by appropriate findings and justifications for the Determination.
Note: A determination of infeasibility allows development other than linear transportation projects, to utilize the alternative compliance process to achieve stormwater management. (Ord. No. 2020-66(20-O-1498), § 1, 11-25-20)
§ 74-524
Alternative compliance process.
Sec. 74-524. Alternative compliance process.
(a)The alternative compliance process described in the following subsections shall only be used for development, other than linear transportation projects, that has received a determination of infeasibility.
(b)The applicant, when considering alternatives under this process, shall examine the merits of relocating elements of the development to avoid conditions and constraints on the site that prevent runoff reduction. Volume reduction techniques considered shall include vegetated green infrastructure, infiltration, rainwater harvesting and reuse, canopy interception and evapotranspiration, impervious surface removal and disconnection, green roofs, and stormwater better site design.
(c)An applicant shall consider and document each alternative that is set out below starting with Alternative #1 and only moving to the next alternative where the previous alternative cannot be met. applicants shall document the specific reasons why each alternative cannot be met.
(d)Alternative #1. The applicant shall comply with the following conditions:
(1)Manage on-site at least 75 percent of the applicable stormwater management standard in section 74-513(a); and
(2)Development shall use a stormwater management system designed to remove at least 80 percent of the calculated average annual post-development total suspended solids (TSS) load as defined in the Georgia Stormwater Management Manual for Runoff from a 1.2 inch rainfall event minus the volume treated using runoff reduction.
(e)Alternative #2. The applicant shall comply with the following conditions:
(1)Manage on-site at least 50 percent of the applicable stormwater management standard in section 74-513(a); and
(2)Development shall use a stormwater management system designed to remove at least 80 percent of the calculated average annual post-Development total suspended solids (TSS) load as defined in the Georgia Stormwater Management Manual for Runoff from a 1.2 inch rainfall event minus the volume treated using runoff reduction.
(f)Alternative #3. The applicant shall comply with the following conditions:
(1)Manage on-site at least 25 percent of the applicable stormwater management standard in section 74-513(a); and
(2)Development shall use a stormwater management system designed to remove at least 80 percent of the calculated average annual post-development total suspended solids (TSS) load as defined in the Georgia Stormwater Management Manual for Runoff from a 1.2 inch rainfall event minus the volume treated using runoff reduction.
(g)Alternative #4. The applicant shall comply with the following conditions:
(1)Runoff reduction for the first 1.0" of rainfall at an off-site facility or regional stormwater management facility using the following methods:
a.the donation of conservation easements to the city, in a form approved by the city, that protect streams and stream buffers, floodplains, forested areas, or greenspace;
b.purchase, reforestation, and dedication to the city, of floodplain properties, especially undevelopable and repetitive loss properties; or
c.Vegetated green infrastructure, or rainwater harvesting and reuse installed on public or private property;
(2)The location of the off-site facility must be chosen according to the following order of preference:
a.Locations that yield benefits to the same receiving water that receives runoff from the original construction activity;
b.Locations serviced by the combined sewer system;
c.Locations within the same catchment area as the original construction activity;
d.Locations within the next adjacent catchment area upstream;
e.Locations anywhere within the city's jurisdiction; and
(3)Development shall use a stormwater management system designed to remove at least 80 percent of the calculated average annual post-development total suspended solids (TSS) load as defined in the Georgia Stormwater Management Manual for Runoff from a 1.2 inch rainfall event minus the volume treated using runoff reduction.
(h)When all conditions are fulfilled within a particular alternative, the process is complete, and that alternative becomes the stormwater management standard from section 74-513(a) for the development. (Ord. No. 2020-66(20-O-1498), § 1, 11-25-20)
§ 74-525
Stormwater master plans.
Sec. 74-525. Stormwater master plans.
(a)Development of a site that is proposed to be carried out in two or more phases extending over multiple years, under more than one permit, may be subject to a stormwater master plan approved by the commissioner.
(b)A master plan is a principle framework for the management of runoff with respect to development on the site.
(c)A master plan may be approved by the commissioner at the same time a permit first triggers the application of this article. The Commissioner must be satisfied that the master plan demonstrates that the provisions of this article at the time of approval of the master plan, are capable of being complied with once all phases of the development are complete, even if this article cannot be complied with at a particular phase of the development. The commissioner may impose conditions on the master plan requiring identified stormwater management systems to be installed at a particular phase of the development.
(d)No phase or part of a phase of a development shall be approved if the construction of that phase or part of a phase results in an increase in runoff above the existing rate prior to the permit that first triggers the application of this article.
(e)The department must monitor the implementation of a master plan to ensure that on completion of the development, the master plan results in the site complying with the terms of this article. To assist in this evaluation the applicant or owner shall submit an annual report showing the progress towards meeting the requirements of this article when compared to the implementation of the master plan.
(f)For a site that is subject to an approved master plan, the owner must enter into any operation and maintenance agreement when such an agreement is first triggered by the provisions of this article. The agreement must be recorded over all parcels of land that comprise the master plan, whether or not a stormwater management system is located on such a parcel. The owner will be required to update the agreement for each phase of the development.
(g)For each permit that triggers that the requirements of this article (after the initial permit which approves the master plan), the applicant or owner must provide a copy of the approved master plan and provide a narrative explaining how the current phase of the development is in compliance with the terms of the master plan, and detail any impact of the current phase on past and future phases of the development.
(h)A master plan may be amended by the commissioner on application in writing by the applicant or owner. (Ord. No. 2020-66(20-O-1498), § 1, 11-25-20)
Secs. 74-526—74-600. Reserved.
ARTICLE XI. LITTER CONTROL
§ 74-601
Purpose and intent.
Sec. 74-601. Purpose and intent.
The purpose of this article is to provide for the public health, safety, and general welfare through the regulation and prevention of litter. The objectives of this article are:
(a)Provide for uniform prohibition throughout the City of Atlanta of any and all littering on public or private property; and
(b)Prevent the desecration of the beauty and quality of life of the City of Atlanta and prevent harm to the public health, safety, and general welfare, including the potential degradation of water and aquatic resources caused by litter. (Ord. No. 2007-07, § 1, 2-13-07)
§ 74-602
Applicability.
Sec. 74-602. Applicability.
This article shall apply to all public and private property within the City of Atlanta. (Ord. No. 2007-07, § 1, 2-13-07)
§ 74-603
Compatibility with other regulations.
Sec. 74-603. Compatibility with other regulations.
This article is not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute, or other provision of law. The requirements of this article should be considered minimum requirements, and where any provision of this article imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall control. (Ord. No. 2007-07, § 1, 2-13-07)
§ 74-604
Severability.
Sec. 74-604. Severability.
If the provisions of any article, section, subsection, paragraph, subdivision or clause of this article shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of this article. (Ord. No. 2007-07, § 1, 2-13-07)
§ 74-605
Definitions.
Sec. 74-605. Definitions.
The following definitions will apply to this article except where the context clearly indicates a different meaning:
"Handbill" means any printed or written matter, any sample or device, circular, leaflet, pamphlet, placard, paper, booklet, flyer or any other printed or otherwise reproduced original which:
(1)Advertises or contains advertisement for sale of any merchandise, product, service, business, opportunity; or
(2)Directs attention to any business or commercial establishment or other activity, for the purpose of promoting sales; or
(3)Directs attention to or advertises an event of any kind for which an admission fee is charged.
"Litter" means any organic or inorganic waste material, rubbish, refuse, garbage, trash, hulls, peelings, debris, grass, weeds, yard trimmings; ashes, sand, gravel, slag, brickbats, metal, plastic, and, glass containers, broken glass, dead animals, or intentionally or unintentionally discarded materials of every kind and description which are not "solid waste" as such term is defined in Chapter 130 of this Code.
"Property open to the public" means the right of way of any road or highway; any body of water or watercourse or the shores or beaches thereof, waterways and drainage systems, any park, playground, building, refuge, or conservation or recreation area; timberlands, or forests, and residential, commercial, or industrial, properties.
"Unsolicited newspaper" means one that has not been ordered, subscribed to or requested by the recipient.
"Yard trimmings" means plant material (leaves, grass clippings, branches, brush, flowers, roots, wood waste, etc.); debris commonly thrown away in the course of maintaining yards and gardens, including sod; and biodegradable or compostable waste approved for the yard trimmings programs. It excludes loose soils; food waste; plastics and synthetic fibers; lumber; any wood or tree limbs over four inches in diameter or four feet in length; human or animal excrement; soil contaminated with hazardous materials; and all matter resulting from landscaping development and maintenance by a professional contractor. (Ord. No. 2007-07, § 1, 2-13-07; Ord. No. 202502(25-O-1006), § 1, 1-23-25)
§ 74-606
Unlawful disposal of litter.
Sec. 74-606. Unlawful disposal of litter.
(a)It shall be unlawful for any person, persons, or entity to throw, dump, sweep, push, blow, deposit, or leave litter on any private property or property open to the public within the City of Atlanta unless the litter is placed into a receptacle or container installed on such property.
(b)It shall be unlawful for any person, persons, or entity to throw, dump, sweep, push, blow, deposit, or leave litter in any public or private gutter, street, right of way, waterway, or storm water collection system within the City of Atlanta.
(c)It shall be unlawful for any person, persons, or entity to throw, dump, sweep, push, blow, deposit, or leave litter on any private property or property open to the public within the City of Atlanta, such that any pieces or components of the litter so disposed shall be located on an area of 100 square feet or more of private property or property open to the public within the City of Atlanta. (Ord. No. 2007-07, § 1, 2-13-07; Ord. No. 2023-41 (23-O-1603), § 1, 11-29-23)
§ 74-607
Distribution of handbills and unsolicited newspapers.
Sec. 74-607. Distribution of handbills and unsolicited newspapers.
(a)It shall be unlawful for any person or persons to throw, deposit, leave, place, or to cause the throwing, depositing, leaving, or placing of any commercial or noncommercial handbill or unsolicited newspaper on any property open to the public within the City of Atlanta, however, it shall not be a violation of this article to hand out or to distribute handbills or unsolicited newspapers to any person or persons.
(b)Handbills or unsolicited newspapers placed on private property shall be placed or deposited in a manner reasonably designed to prevent the handbill from being blown or drifted about such private property or property open to the public, including streets, storm water catchment and conveyance systems and other public places.
(c)Nothing in this article shall be deemed an authorization to place handbills in mailboxes when such use is prohibited by federal law or by postal regulations.
(d)It shall be unlawful for any person or persons to deposit or leave, or to cause the depositing or placing of any commercial or noncommercial handbill or unsolicited newspaper on any parked vehicle within the City of Atlanta. (Ord. No. 2007-07, § 1, 2-13-07; Ord. No. 200861(08-O-1247), § 1, 7-16-08)
§ 74-608
Vehicle loads causing litter.
Sec. 74-608. Vehicle loads causing litter.
It shall be unlawful to transport by any type of vehicle, a load which is falling, shifting, blowing, dropping or in any way escaping from the vehicle. All loads being transported throughout the city limits shall use a tarpaulin or other appropriate cover to secure the load. (Ord. No. 2007-07, § 1, 2-13-07)
§ 74-609
Maintenance of litter receptacles and placement of litter.
Sec. 74-609. Maintenance of litter receptacles and placement of litter.
(a)Maintenance of litter receptacles. To facilitate the proper disposal of litter, all litter receptacles provided by commercial businesses and institutions for the use of public patrons shall be well-maintained and regularly emptied. The types of businesses and institutions required to meet this provision include but are not limited to, fast-food outlets, shopping centers, convenience stores, supermarkets, service stations, commercial parking lots, motels, hospitals, schools, government facilities, and public transportation facilities.
(b)Placing materials into receptacles. A person or persons placing litter, including household garbage and recyclables, in public receptacles or in authorized private receptacles, shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any public or private property. (Ord. No. 2007-07, § 1, 2-13-07)
§ 74-610
Violations, enforcement and penalties.
Sec. 74-610. Violations, enforcement and penalties.
(a)Violations. It shall be unlawful for any person, persons, or entity to cause or throw, deposit, dump, place or leave litter in any manner within the city limits of the City of Atlanta. Any person, persons, or entity that violates the provisions of this ordinance shall be subject to penalties as provided by this section. Each day that a violation exists shall constitute a separate offense.
(b)Citations. Any person, persons, or entity who violates this article shall be issued a citation that requires them to appear before the judge of the municipal court for a hearing on the charge of violation of this chapter.
(c)Penalties. Upon a finding that a section of this ordinance has been violated, the violator shall be subject to one or more of the following penalties:
(1)A fine not exceeding $1,000.00 a day; except that a violation of subsection (c) of section 74-606 shall be punishable by a minimum fine of $500.00 a day.
(2)Reimbursement to the City of Atlanta for the reasonable cost of removing any litter thrown, deposited, dumped, placed or left in violation of this chapter.
(3)Probation by order of the court in the form of mandatory litter cleanup of any public property, public street or right-ofway, for a distance not to exceed one mile.
(4)The court may publish the names of persons convicted of violating this article.
(Ord. No. 2007-07, § 1, 2-13-07; Ord. No. 2023-41 (23-O-1603), § 2, 11-29-23)
§ 74-611
Enforcement.
Sec. 74-611. Enforcement.
Any person empowered by the City of Atlanta to issue citations may issue citations to enforce compliance with this chapter. (Ord. No. 2007-07, § 1, 2-13-07)
Secs. 74-612—74-699. Reserved.
Chapter 75 SUSTAINABLE DEVELOPMENT DESIGN STANDARDS* Sec. 75-1.
Policy.
Secs. 75-2—75-15. Reserved.
Sec. 75-16. Purpose.
Sec. 75-17. Organizations affected.
Sec. 75-18. Definitions.
Sec. 75-19. Policy and goals.
Sec. 75-20. Procedures and responsibilities.
Sec. 75-21. Budgeting and financing.
Sec. 75-22. Training.
Sec. 75-23. Request for proposal.
Sec. 75-24. Implementation.
Sec. 75-25. Exemptions.
Sec. 75-26. Facility design prerequisites.