Article 11 — Erosion Control and Stormwater Management

Sec. 1102 - Responsibility.

As provided by Intergovernmental Agreement between Douglas County and the Douglasville-Douglas County Water and Sewer Authority (referred to throughout this Article as "the Authority), the County has delegated such powers, duties and jurisdiction to the Authority as follows for the administration and enforcement of this Article:

1102 (a) Soil erosion and sedimentation control.

The Authority shall have all the powers that the County has as an "issuing authority," except the ability to issue a development permit, which shall only be done by the Development Services Department with the approval of the Authority. When proper, the term "issuing authority" includes the Authority as the contractual agent of the County for all soil erosion and sedimentation control regulation and enforcement activities described in this Article.

1102 (b) Stormwater management.

The Authority shall have jurisdiction over all stormwater management activities within the unincorporated areas of the county and shall provide stormwater management services as provided in this Article.

1102 (c) Designation of floodplain administrator.

The Authority's Engineering Department is hereby appointed to administer, implement, and enforce the floodplain management provisions of this Article.

Sec. 1103 - Soil erosion, sedimentation and pollution control regulations.

1103 (a) Purpose and policy.

The purpose of this Section is to provide uniform rules, regulations, and policies regarding soil erosion, sedimentation and pollution control for all properties and land disturbing activities lying within the jurisdictional limits of any municipality or political subdivision of the State of Georgia with which the Authority has entered into an Intergovernmental Agreement for the Authority to provide stormwater management services, including but not limited to regulation and enforcement of soil erosion, sedimentation and pollution control, and to provide penalties for violations of this Section.

1103 (b) Definitions related to erosion and sediment control.

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:

Appropriate Governmental Entity: Douglas County, or any other municipality or political subdivision of the State of Georgia, with which the Authority has entered into an Intergovernmental Agreement for the Authority to provide stormwater management services, including but not limited to regulation and enforcement of soil erosion, sedimentation and pollution control.

Authority, The: The Douglasville-Douglas County Water and Sewer Authority and/or its authorized agents or representatives.

Best Management Practices (BMP's): 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" published by the Commission as of January 1 of the year in which the land-disturbing activity was permitted.

Board: The Board of Natural Resources.

Buffer: The area of land immediately adjacent to the banks of State Waters in its natural state of vegetation, which facilitates the protection of water quality and aquatic habitat.

Certified Personnel: A person who has successfully completed the appropriate certification course approved by the Commission.

CPESC: A Certified Professional in Erosion and Sediment Control with current certification by Certified Profession in Erosion and Sediment Control, Inc. a corporation registered in North Carolina, which is also referred to as CPESC or CPESC, Inc.

Commission: The Georgia Soil and Water Conservation Commission.

County: Douglas County, Georgia and/or its governing authority or authorized agents or representatives.

Cut: A portion of land surface or area from which earth has been removed or will be removed by excavation; the depth below original ground surface to excavated surface. Also know as "excavation."

Department: The Georgia Department of Natural Resources.

Design Professional: A professional licensed by the State of Georgia in the field of: engineering, architecture, landscape architecture, forestry, geology or land surveying; or a person that is a Certified Professional in Erosion and Sediment Control (CPESC) with a current certification by Certified Professional in Erosion and Sediment Control, Inc.

District: The West Georgia Soil and Water Conservation District.

Division: The Environmental Protection Division of the Department of Natural Resources.

Drainage Structure: 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 storm-water management, drainage control or flood control purposes.

Ephemeral State Waters: Streams, ditches and drainage ways that only have flowing water during and immediately after rainfall and do not receive any groundwater flow throughout the year as determined by the "Field Guide for Determining the Presence of State Waters that Require a Buffer" published by the Division and/or the "North Georgia Division of Water Quality Stream Identification Method."

Erosion: The process by which land surface is worn away by the action of wind, water, ice, or gravity.

Erosion, Sedimentation and Pollution Control Plan: A plan required by the Erosion and Sedimentation Act (O.C.G.A. Chapter 12-7) that includes, as a minimum protections at least as stringent as the State General Permit, best management practices and requirements of this Section.

Fill: A portion of land surface to which soil or other solid material has been added; the depth above the original ground.

Final Stabilization: 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 landfills cell that has been certified by the Division for waste disposal, 100% of the soil surface is uniformly covered in permanent vegetation with a density of 70% or greater, or equivalent permanent stabilization measures (such as use of rip rap, gabions, permanent mulches or textiles) have been used.

Permanent vegetation shall consist of planted trees, shrubs, perennial vines; a crop of perennial appropriate for the time of year and region; or a crop of annual vegetation and a seeding of target crop perennials appropriate for the region. Final stabilization applies to each phase of construction.

Finished Grade: The final elevation and contour of the ground after cutting or filling and conforming to the proposed design.

Grading: Altering the shape of ground surfaces to a predetermined condition; this includes stripping, cutting, filling, stockpiling and shaping, or any combination thereof, and shall include the land in its cut or filled condition.

Ground Elevation: The original elevation of the ground surface prior to cutting or filling.

Intermittent State Waters: A steam that has a seasonal dry weather flow or a pond that is charged by groundwater for any period of the year as determined by the "Field Guide for Determining the Presence of State Waters That Require a Buffer" published by the Division and/or the "North Carolina Division of Water Quality Stream Identification Method."

Land-Disturbing Activity: Any activity that 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 those practices that are exempt under Section 1103(c) of this Article.

Larger Common Plan of Development or Sale: A contiguous area where multiple separate and distinct construction activities are occurring under one (1) plan of development or sale. For purposes of this term and its usage in this Chapter, "plan" means an announcement; piece of documentation such as a sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning request, or computer design; or physical demarcation such as boundary signs, lot stakes, or surveyor markings, indicating that construction activities may occur on a specific plot.

Local Issuing Authority: The governing authority of Douglas County, or any other municipality or political subdivision of the State of Georgia with which the Authority has entered into an Intergovernmental Agreement, which have each respectively 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, or the Division in those instances where an application for a permit is submitted to the Division. As provided by the appropriate governmental entity has as a "Local Issuing Authority," except the ability to issue the land-disturbing activity permit with the approval of the Authority. When proper, the term "Local Issuing Authority" shall include the Authority as the contractual agent of the appropriate governmental entity for all soil erosion and sedimentation control regulation and enforcement activities described herein.

May: The regulation or requirement is permissive.

Metropolitan River Protection Act: A state law referenced as O.C.G.A. 12-5-440 et seq. which addresses environmental and developmental matters in certain metropolitan river corridors and their drainage basins.

Natural Ground Surface: The ground surface in its original state before any grading, excavation or filling.

Nephelometric Turbidity Units (NTU): 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.

NOI: A Notice of Intent form provided by the Division for coverage under the State General Permit.

NOT: A Notice of Termination form provided by the Division to terminate the coverage under the State General Permit.

Outfall: The location where stormwater in a discernable, confined and discrete conveyance, leaves a facility or site or, if there is a receiving water on site, becomes a point source discharging into that receiving water.

Perennial State Waters: Streams that flow continuously year round or ponds that hold water year round as determined by the "Field Guide for Determining the Presence of State Waters That Require a Buffer"

published by the Division and/or the "North Carolina Division of Water Quality Stream Identification Method."

Permit: The authorization necessary to conduct a land-disturbing activity under the provisions of this Article of the Unified Development Code.

Person: Any individual, firm, company, municipal or private corporation, partnership, co-partnership, joint stock company, trust, association, institution, enterprise, estate, commission, board, public or private institution, utility, cooperative, governmental agency, the State of Georgia, the United States of America, or other legal entity, or their representatives, agents, or assigns. The masculine gender shall include the feminine and the singular shall include the plural where indicated by the context.

Phase or Phased: Sub-parts or segments of construction projects where the sub-part or segment is constructed and stabilized prior to completing construction activities on the entire construction site.

Project: The entire proposed development project regardless of the size of the area of land to be disturbed.

Properly Designed: Designed in accordance with design requirements and specifications contained in the "Manual for Erosion and Sediment Control in Georgia" published by the Commission as of January 1 of the year in which the land-disturbing activity was permitted and amendments to the Manual as approved by the Commission up until the date of the NOI submittal.

Roadway Drainage Structure: A device such as a bridge, culvert or ditch, composed of a virtually nonerodible 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.

Sediment: Solid material, both organic and inorganic, that is in suspension, is being transported or has been moved from its site of origin by air, water, ice or gravity as a product of erosion.

Sedimentation: The process by which eroded material is transported and deposited by the action of water, wind, ice, or gravity.

Shall: The regulation or requirement is mandatory.

Soil and Water Conservation District Approved Plan: An erosion and sedimentation control plan approved in writing by the West Georgia Soil and Water Conservation District.

Stabilization: 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.

State General Permit: The National Pollution Discharge Elimination System general permit or permits for storm-water runoff from construction activities as is now in effect or as may be amended or reissued in the future pursuant to the State's authority to implement the same through federal delegation under the Federal Water Pollution Control Act, as amended, 33 U.S.C. Section 1251, et seq., and O.C.G.A. 12-5-30(f).

State Waters: 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.

Structural Erosion, Sedimentation and Pollution Control Measures: Practices for the stabilization of erodible or sediment-producing areas by utilizing the mechanical properties of matter for the purpose of either changing the surface of the land or storing, regulating or disposing of runoff to prevent excessive sediment loss. Examples of structural erosion and sedimentation control practices are riprap, sediment basins, dikes, level spreaders, waterways or outlets, diversions, grade stabilization structures, sediment traps and land grading. Such measures can be found in the publication Manual for Erosion and Sediment Control in Georgia.

Trout streams: All streams or portions of streams as designated by the Game and Fish 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, et seq., in the rules and regulations for Water Quality Control, Chapter 39-3-6 at www.gaepd.org. 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.

Vegetative Erosion and Sedimentation Control Measures: Measures for the stabilization of erodible or sediment-producing areas by covering the soil with:

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

Watercourse: Any natural or artificial watercourse, stream, river, creek, channel, ditch, canal, conduit, culvert, drain, waterway, gully, ravine, or wash in which water flows either continuously or intermittently and which has a definite channel, bed and banks, and including any area adjacent thereto subject to inundation by reason of overflow or floodwater.

Wetlands: Areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. The ecological parameters for designating wetlands include hydric soils, hydrophytic vegetation, and hydrological conditions that involve a temporary or permanent source of water to cause soil saturation.

Wetlands, protected: Those wetlands identified on the National Wetlands Inventory maps prepared by the U.S. Fish and Wildlife Service, or otherwise approved by the U.S. Army Corps of Engineers based on competent studies prepared by a registered and qualified professional engineer.

1103 (c) Exemptions.

the preparation and planting of pasture land; farm ponds; dairy operations; livestock and poultry management practices; and the construction of farm buildings.

§ 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 the notice of intent under the state general permit shall be submitted to the Authority, the Authority shall enforce compliance with the minimum requirements set forth in Sections 1103(f) and (g) as if a permit had been issued, and violations shall be subject to the same penalties as violations by permit holders.

12-7-6 as if a permit had been issued and violations shall be subject to the same penalties as violations by permit holders.

1103 (d) Compliance with minimum requirements.

Where Section 1103(c) requires compliance with the minimum requirements set forth in Sections 1103(f) and 1103(g) of this Article, the Authority shall enforce compliance with the minimum requirements as if a permit had been issued and violations shall be subject to the same penalties as violations by permit holders.

1103 (e) General provisions.

Excessive soil erosion and resulting sedimentation can take place during land-disturbing activities if requirements of this Section and the State General Permit are not met. Therefore, plans for those land-disturbing activities that are not excluded by this Section shall contain provisions for application of soil erosion, sedimentation and pollution control measures and practices. The provisions shall be incorporated into the soil erosion, sedimentation and pollution control plans. Soil erosion, sedimentation and pollution control measures and practices shall conform to the minimum requirements of Sections 1103(f), 1103(g) and 1103(m). 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, sedimentation and pollution during all stages of any land-disturbing activity in accordance with requirements of this Section and the State General Permit.

1103 (f) Minimum requirements; best management practices.

1103 (g) Minimum requirements - specific.

The rules and regulations, ordinances or resolutions adopted pursuant to O.C.G.A. 12-7-1 et. seq. for the purpose of governing land-disturbing activities shall 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" published by the Georgia Soil and Water Conservation Commission as of January 1 of the year in which the land-disturbing activity was permitted, as well as the following:

Unless exempted as provided in this Section, buffers of at least 50 feet with an additional building setback of 25 feet established pursuant to this Section shall remain in force unless a variance is granted by the Director as provided in this Paragraph.

Stream crossings for water lines; or Stream crossings for sewer lines.

Stream crossings for water lines; or Stream crossings for sewer lines.

1103 (h) Control of disturbed soil on subdivision lots that are less than one acre.

1103 (i) Local authority to exceed minimum requirements.

Nothing contained in O.C.G.A. 12-7-1 et. seq. shall prevent the Authority from adopting rules and regulations, ordinances, design and construction standards, or resolutions that contain requirements that exceed the minimum requirements in Sections 1103(f) and (g).

1103 (j) No presumption of violation.

The fact that land-disturbing activity for which a 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 Section or the terms of the permit.

1103 (k) Application/permit process; generally.

The property owner, developer, and designated planners and engineers shall design and review the general development plans and detailed plans before submittal to Authority. They shall review the appropriate governmental entity's zoning and subdivision ordinances and the Authority's stormwater management regulations, floodplain management regulations, this Section, and any other applicable ordinances or Authority Rules and Regulations or Design and Construction Standards which regulate the development of the subject land. However, the owner and/or operator are the only parties who may obtain a permit.

1103 (l) Application requirements.

12-5-23, provided that such fees shall not exceed $80.00 per acre of land-disturbing activity, and these fees shall be calculated and paid by the primary permittee as defined in the State General Permit for each acre of land-disturbing activity included in the planned development or each phase or development. All applicable fees shall be paid prior to issuance of the land disturbance permit. In a jurisdiction that is certified pursuant to subsection (a) of O.C.G.A. 12-7-8 half of such fees levied shall be submitted to the Division; except that any and all fees due from an entity which is required to give notice pursuant to paragraph (9) or (10) of O.C.G.A. 12-7-17 shall be submitted in full to the Division, regardless of the existence of a Local Issuing Authority in the jurisdiction.

1103 (m) Plan requirements.

Plans must be prepared to meet the minimum requirements as contained in Sections 1103(f) and (g) of this Article 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 Section. The plan for the land-disturbing activity shall consider the interrelationship of soil types, geological and hydrological characteristics, topography, watershed, vegetation, proposed permanent structures including roadways, constructed waterways, sediment control and stormwater management facilities, local ordinances, and state laws.

The plan shall include all the information required from the appropriate Erosion, Sedimentation and Pollution Control Plan Review Checklist established by the Commission as of January 1 of the year in which the land-disturbing activity was permitted as well as information required by the Authority's Design and Construction Standards.

Maps, drawings and supportive computations shall bear the signature and seal of a certified design professional who is a registered professional engineer, architect, landscape architect, and/or land surveyor, as applicable to satisfy the requirements of this Section. Persons involved in land development design, review, permitting, construction, monitoring or inspection of any land disturbing activity shall meet the education and training certification requirements as developed by the Commission and in consultation with the Division and the Stakeholder Advisory Board created pursuant to O.C.G.A. § 12-7-20.

Maintenance of all soil erosion and sedimentation control practices, whether temporary or permanent, shall be at all times the responsibility of the property owner.

1103 (n) Permits.

1103 (o) Inspection and enforcement.

The Authority shall regulate both 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 best management practices where the tertiary permittee is conducting land-disturbing activities. If, through inspection, it is deemed that a person engaged in land-disturbing activities as defined herein has failed to comply with the approved plan, with permit conditions, or with the provisions of this Section, a written notice to comply shall be served upon that person. The notice 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 land-disturbing activity fails to comply within the time specified, he shall be deemed in violation of this Section.

1103 (p) Failure to obtain a permit for land-disturbing activity.

If any person commences any land-disturbing activity requiring a land-disturbing permit as prescribed in this Section without first obtaining said permit, the person shall be subject to termination of any water service provided by the Authority and revocation of his business license, any work permits, or other authorizations for the conduct of any business, including any land-disturbing activity and utility contracting and associated work activities, including but not limited to all site work, soil erosion and sedimentation control work, stormwater management work, and water and sewer construction work, within the jurisdictional boundaries of the appropriate governmental entity and the Authority.

1103 (q) Stop-work orders.

1103 (r) Bond forfeiture.

If, through inspection, it is determined that a person engaged in land-disturbing activities has failed to comply with the approved plan, a written notice to comply shall be served upon that person. The notice shall set forth the measures necessary to achieve compliance with the plan and shall state the time within which such measures must be completed. If the person engaged in the land-disturbing activity fails to comply within the time specified, he shall be deemed in violation of this Section and, in addition to other penalties, shall be deemed to have forfeited his performance bond, if required to post one under the provisions of this Article. The Authority may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor or use the Authority's own forces to stabilize the site of the land-disturbing activity and bring it into compliance.

1103 (s) Monetary penalties.

Any person who violates any provisions of this Section, any of the Authority's Rules and Regulations or Design and Construction Standards adopted pursuant hereto, or any permit condition or limitation established pursuant to this Section, or who negligently or intentionally fails or refuses to comply with any order or directive of the Authority or any final or emergency order of the Director issued as provided in this Section or as otherwise provided by state law may be held liable for a monetary penalty not to exceed $2,500.00 per day. For the purpose of enforcing the provisions of this Section, notwithstanding any provision in any city charter to the contrary, any municipal court shall be authorized to impose penalties not to exceed $2,500.00 for each violation. Notwithstanding any limitation of law as to penalties which can be assessed for violations of local or county ordinances, any magistrate court or any other court of competent jurisdiction trying cases brought as violations of this Section shall be authorized to impose penalties for such violations 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.

1103 (t) Administrative appeal; judicial review.

Any person receiving a notice of violation may appeal the determination of the Authority, including, but not limited to the issuance of a stop work order, the assessment of an administratively-imposed monetary penalty, the suspension, revocation, modification or grant with condition of a permit by the Authority upon finding that the holder is not in compliance with the approved erosion, sediment and pollution control plan, or that the holder is in violation of permit conditions, or that the holder is violation of any applicable ordinance or any of the Authority's Rules and Regulations or Design and Construction Standards, or the issuance of a notice of bond forfeiture. The notice of appeal must be in writing and must be received within thirty (30) days from the date of the notice of violation. A hearing on the appeal shall take place within fifteen (15) days from the date of receipt of the written notice of appeal by the Executive Director. All appeals shall be heard and decided by the Authority's designated Appeal Panel, which shall include the Executive Director, the Chief Financial Officer of the Authority, and the Deputy Director of Operations, or their designees. The Appeal Panel shall have the power to affirm, modify or reject the original penalty and the right to add or delete remedial actions required for correction of the violation and compliance with the Authority's Rules and Regulations, Design and Construction Standards, and any other applicable local, state or federal requirements. The decision of the Appeal Panel shall be final.

Any person, aggrieved by a decision or order of the Authority, after exhausting his administrative remedies, shall have the right to appeal to the Superior Court of Douglas County by petition for writ of certiorari, which must be filed within thirty (30) days of the final decision of the Appeal Panel.

1103 (u) Education and certification.

Persons involved in land development design, review, permitting, construction monitoring or inspection or any land disturbing activity 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.

1103 (v) Effectivity.

This article shall become effective upon approval by the Authority's Board of Directors, which shall be evidenced by a written resolution of the Authority's Board of Directors and which shall set forth the specific date for this Article and any amendments thereto.

1103 (w) Validty.

If any Section, Paragraph, clause, phrase or provision of this Section shall be adjudged invalid, unenforceable or unconstitutional, such decisions shall not affect the remaining portions of this Section.

1103 (x) Liability.

Sec. 1104 - Stormwater management regulations.

1104 (a) Stormwater management; purpose and policy.

The purpose of the stormwater management regulations set forth in this Section 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 increased post-development stormwater runoff and nonpoint source pollution associated with new development and redevelopment. The goal of proper management of post-development stormwater runoff is to minimize damage to public and private property and infrastructure, to safeguard the public health, safety, environment, and general welfare of the public, and to protect water and aquatic resources. The regulations set forth in this Section seek to meet that goal through the following objectives:

and,

1104 (b) Definitions relating to stormwater management.

The following definitions shall apply to Section 8 of these Rules and Regulations:

Applicant, Stormwater: A person submitting a post-development stormwater management application and plan for approval.

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

Conservation Easement: An agreement between a land owner and the Authority or other government agency or land trust that permanently protects open space or greenspace on the owner's land by limiting the amount and type of development that can take place, but continues to leave the remainder of the fee interest in private ownership. See also the Environmental Protection Article of this Development Code for further details.

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

Detention Facility: A detention basin or structure designed for the detention of stormwater runoff and gradual release of stored water at controlled rates.

Developer: Any person who undertakes land development activities and who is authorized to act on behalf of and with the full authority of the property owner in connection with the development of one or more tracts or parcels of land, including but not limited to construction activities associated with the installation of water, wastewater, and/or stormwater management structures, facilities, and measures and implementation and maintenance of soil erosion and sedimentation control practices.

Development: (1) A land development project involving the construction of streets, utilities, buildings, or other improvements required for the habitation or use of property, such as a residential neighborhood, an apartment complex, a store, or a shopping center; (2) any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, or permanent storage of materials; (3) the act of constructing or carrying out a land development project, including the alteration of land or vegetation in preparation for construction activity.

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

Erosion and Sedimentation Control Plan: A plan that is designed to minimize the accelerated erosion and sediment runoff at a site during land disturbance activities.

Executive Director: The chief executive officer of the Douglasville-Douglas County Water and Sewer Authority or an authorized designee or agent of the Executive Director.

Extended Detention: The detention of stormwater runoff for an extended period, typically 24 hours or greater.

Extreme Flood Protection: Measures taken to prevent adverse impacts from large low-frequency storm events with a return frequency of 100 years or more.

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

Georgia Stormwater Management Manual (GSMM): The latest edition of said manual, as defined on the GSMM website at www.georgiastormwater.com. Updates, errata and revisions will be provided on the website.

Greenspace or Open Space: Permanently protected areas of the site that are preserved in a natural state.

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

Hydrologic Soil Group (HSG): A Natural Resource Conservation Service classification system in which soils are categorized into four runoff potential groups, ranging from group A soils, which have high permeability rates and produce little runoff, to group D soils, which have low permeability rates and produce much more runoff.

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

Industrial Stormwater Permit: A National Pollutant Discharge Elimination System (NPDES) permit issued to an industry or group of industries, which regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies.

Infiltration: The process of percolating stormwater runoff into the subsoil.

Jurisdictional Wetland: See "Wetland, Jurisdictional."

Land Development: 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, and any other installation of impervious cover.

Land Development Activities: Those actions or activities that comprise, facilitate, or result in land development. See also "Development."

Land Development Project: A discrete land development undertaking.

Linear Development Project: A land development project that is linear in nature, including but not limited to (1) the construction of electric and telecommunication utility lines, natural gas and petroleum pipelines, water and sewer lines, and related facilities, including but not limited to electric substations and pumping stations; (2) construction of tracks, rights-of-way, bridges, communication facilities, and other related facilities of a railroad company; and (3) road and highway projects.

New Development: A land development activity on a previously undeveloped site.

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

Nonstructural Stormwater Management Practice or Nonstructural Practice: Any natural or planted vegetation or other nonstructural component of the stormwater management plan that provides for or enhances stormwater quantity and/or quality control or other stormwater management benefits, including but not limited to riparian buffers, open and greenspace areas, overland flow filtration areas, natural depressions, and vegetated channels.

NPDES Permit: A national pollutant discharge elimination system permit issued by the State of Georgia, Department of Natural Resources, Environmental Protection Division or EPA pursuant to the Clean Water Act for the purpose of regulating the discharge of sewage, industrial wastes and other wastes (under the authority of Section 402 of the Clean Water Act), into the navigable waters of the United States.

Off-Site Stormwater Facility: A stormwater management facility located outside the boundaries of the site.

On-Site Stormwater Facility: A stormwater management facility located within the boundaries of the site.

Overbank Flood Protection: Measures taken to prevent an increase in the frequency and magnitude of out-of-bank flooding (i.e., flow events that exceed the capacity of the channel and enter the floodplain) and that are intended to protect downstream properties from flooding for the 2-year through 25-year frequency storm events.

Owner: 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, firm, or corporation in control of the site.

Permit: See "Development Permit."

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

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

Project: A land development project.

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

Regional Stormwater Management Facility or Regional Facility: Stormwater management facilities designed to control stormwater runoff from multiple properties, where the owners or developers of the individual properties may assist in the financing of the facility, and the requirement for on-site controls is either eliminated or reduced.

Runoff: Stormwater runoff.

Site: The parcel of land being developed, or the portion thereof on which the land development project is located.

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

Stormwater Management: The collection, conveyance, storage, treatment, and disposal of stormwater runoff in a manner intended to prevent increased flood damage, stream bank channel erosion, habitat degradation, and water quality degradation and to enhance and promote the public health, safety, and general welfare.

Stormwater Management Facility: Any infrastructure that controls or conveys stormwater runoff.

Stormwater Management Measure: Any stormwater management facility or nonstructural stormwater practice.

Stormwater Management Plan: A document describing how existing runoff characteristics will be affected by a land development project and containing measures for complying with the provisions of this Section.

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

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

Stormwater Runoff: The flow of surface water resulting from precipitation.

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

Subdivision: The division of a tract or parcel of land resulting in one or more new lots or building sites for the purpose, whether immediately or in the future, of sale, other transfer of ownership, or land development, 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.

Watercourse: A channel in which a flow of water occurs, whether continuously or intermittently.

Waters of the State: All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies of accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through or border upon the state or any portion thereof. See also "State Waters."

Wetlands. Jurisdictional: An area that meets the definitional requirements for wetlands as determined by the U.S . Army Corps of Engineers.

1104 (c) Stormwater management; applicability.

This Section shall be applicable to all land development, including, but not limited to, site plan applications, subdivision applications, and grading applications, unless specifically exempted pursuant to Paragraph B., below. This Section shall apply to any new development or redevelopment site that meets one or more of the following criteria:

The Authority's Engineering Department is hereby appointed to administer, implement, and enforce the provisions of this Section.

1104 (d) Compatibility with other regulations.

This Section is not intended to modify or repeal any other ordinance, rule, regulation, resolution, or other provision of law. The requirements of this Section are in addition to the requirements of any other ordinance, rule, regulation, resolution, or other provision of law, and where any provision of this Section imposes restrictions different from those imposed by any other ordinance, rule, regulation, resolution, or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control.

1104 (e) Stormwater design manual.

The Authority will utilize the policy, criteria, and information, including technical specifications and standards in the latest edition of the Georgia Stormwater Management Manual and the technical criteria, specifications, and standards set forth in the Authority's Design and Construction Standards for the proper implementation of the requirements of this Section. The Authority's Design and Construction Standards may be updated and expanded periodically, based on improvements in science, engineering, monitoring, and local maintenance experience.

1104 (f) Stormwater management permit application requirements.

No person shall perform any land development activities without first meeting the requirements of this Section prior to commencing the proposed activity.

Unless specifically exempted by this Section, any owner or developer proposing a land development activity shall submit to the Authority a permit application on a form provided by the Authority for that purpose.

Unless otherwise exempted by this Section, a permit application shall be accompanied by the following items, in order to be considered:

1104 (g) Stormwater management concept plan and consultation meeting.

It is recommended that the land owner or developer meet with the Authority for a consultation meeting on a concept plan for the post-development stormwater management system to be utilized in the proposed land development project. This consultation meeting should take place prior to the time of submittal of the preliminary plat of subdivision or other early step in the development process. The purpose of this meeting is to discuss the post-development stormwater management measures necessary for the proposed project, as well as to discuss and assess constraints, opportunities, and potential ideas for stormwater management designs before the formal site design engineering is commenced.

The following information shall be included in the concept plan, which shall be submitted in advance of the meeting:

Existing conditions and proposed site layout sketch plans, which illustrate at a minimum:

existing and proposed topography; perennial and intermittent streams; mapping of predominant soils from soil surveys (when available); boundaries of existing predominant vegetation and proposed limits of clearing and grading; and location of existing and proposed roads, buildings, parking areas, and other impervious surfaces.

A written or graphic inventory of the natural resources at the site and surrounding area as it exists prior to the commencement of the project. This description should include a discussion of soil conditions, forest cover, topography, wetlands, and other native vegetative areas on the site, as well as 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 setbacks required by Section 2 of these Rules and Regulations, drinking water well setbacks, and septic setbacks). Particular attention should be paid to environmentally sensitive features that provide particular opportunities or constraints for development.

A written or graphic concept plan of the proposed post-development stormwater management system including: preliminary selection and location of proposed structural stormwater controls; location of proposed structural stormwater controls; location of existing and proposed conveyance systems, such as grass channels, swales, and storm drains; flow paths; location of floodplain/floodway limits; relationship of site to upstream and downstream properties and drainages; and preliminary location of proposed stream channel modifications, such as bridge or culvert crossings.

Local watershed plans, any applicable local greenspace projection plans, and any relevant resource protection plans will be consulted in the discussion of the concept plan.

1104 (h) Stormwater management plan requirements.

A topographic map of existing site conditions with the drainage basin boundaries indicated; acreage, soil types, and land cover of areas for each subbasin affected by the project; all perennial and intermittent streams and other surface water features; all existing stormwater conveyances and structural control facilities; direction of flow and exits from the site; analysis of runoff provided by off-site areas upstream of the project site; and methodologies, assumptions, site parameters, and supporting design calculations used in analyzing the existing conditions site hydrology. For redevelopment sites, predevelopment conditions shall be modeled using the established guidelines for the portion of the site undergoing land development activities.

A topographic map of developed site conditions with the post-development drainage basin boundaries indicated; total area of post-development impervious surfaces and other land cover areas for each subbasin affected by the project; calculations for determining the runoff volumes that need to be addressed for each subbasin for the development project to meet the post-development stormwater management performance criteria in Sec. 1104 (n), below, and the performance criteria set forth in the Authority's Design and Construction Standards; location and boundaries of proposed natural feature protection and conservation areas; documentation and calculations for any applicable site design credits that are being utilized; methodologies, assumptions, site parameters, and supporting design calculations used in analyzing the existing conditions site hydrology. If the land development activity on a redevelopment site constitutes more than 50 percent of the site area for the entire site, then the performance criteria in Section 8-14, below, and the performance criteria set forth in the Authority's Design and Construction Standards must be met for the stormwater runoff from the entire site.

The description, scaled drawings, and design calculations for the proposed post-development stormwater management system, which shall include: a map and/or drawing or sketch of the stormwater management facilities, including the location of nonstructural site design features 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; 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; 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); documentation and supporting calculations to show that the stormwater management system adequately meets the post-development stormwater management performance criteria in Sec. 1104 (n), below, and the performance criteria set forth in the Authority's Design and Construction Standards; 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 where applicable, a narrative describing how the stormwater management system corresponds with any watershed protection plans and/or local greenspace protection plan.

A downstream peak flow analysis, which includes the assumptions, results, and supporting calculations to show safe passage of post-development design flows downstream. The analysis of downstream conditions in the report shall address each and every point or area along the project site's boundaries at which runoff will exit the property. The analysis shall focus on the portion of the drainage channel or watercourse immediately downstream from the project. This area shall extend downstream from the project to a point in the drainage basin where the project area is 10 percent of the total basin area. In calculating runoff volumes and discharge rates, consideration may need to be given to any planned future upstream land use changes. The analysis shall be in accordance with the Authority's Design and Construction Standards and/or the Georgia Stormwater Management Manual.

The Construction-Phase Erosion and Sedimentation Control Plan shall be in accordance with the Georgia Erosion and Sedimentation Control Act, this Section, and any applicable NPDES Permit for Construction Activities. The plan shall also include information on the sequence/phasing of construction and temporary stabilization measures and temporary structures that will be converted into permanent stormwater controls and a description of who will be responsible for their maintenance.

A detailed landscaping and vegetation plan describing the woody and herbaceous vegetation that will be used within and adjacent to stormwater management facilities and practices. The landscaping plan must also include: the arrangement of planted areas, natural and greenspace areas, and other landscaped features on the site plan;

information necessary to construct the landscaping elements shown on the plan drawings; descriptions and standards for the methods, materials, and vegetation that are to be used in the construction; density of plantings; descriptions of the stabilization and management techniques used to establish vegetation; and a description of who will be responsible for ongoing maintenance of vegetation for the stormwater management facility and what practices will be employed to ensure that adequate vegetative cover is preserved.

Detailed description of ongoing operations and maintenance procedures for stormwater management facilities and practices to ensure their continued function as designed and constructed or preserved. These plans will identify the parts or components of a stormwater management facility or practice that need to be regularly or periodically inspected and maintained and the equipment and skills or training necessary. The plan shall include an inspection and maintenance schedule, maintenance tasks, responsible parties for maintenance, funding, access, and safety issues. Provisions for the periodic review and evaluation of the effectiveness of the maintenance program and the need for revisions or additional maintenance procedures shall be included in the plan.

The applicant shall certify and provide documentation to the Authority that all other applicable environmental permits have been acquired for the site prior to approval of the stormwater management plan.

1104 (i) Final survey plat notation regarding ownership and maintenance of stormwater management structures.

"Approval of this plat and acceptance of the project represented herein shall be deemed to be an acceptance by the Douglasville-Douglas County Water and Sewer Authority (the "Authority") of all dedicated water mains, sanitary sewer mains, and lift stations that serve more than one property owner, as well as all stormwater collection and conveyance structures located in the public right-of-way, including inlets, catch basins, pipes, ditches, and channels. Approval of this plat and acceptance of the project represented herein shall not be deemed an acceptance, either express or implied, of any stormwater facilities, structures, or features located outside the public right-of-way on private property. All stormwater facilities, structures, and features located on private property shall be owned and maintained by the property owner(s), in accordance with the requirements of the Authority's Rules and Regulations. The Authority shall not be responsible or liable for any drainage outside of the right-of-way; for any drainage leading from drop inlets, catch basins, or surface drainage; for flooding or erosion from storm drains; or from flooding from high water of natural creeks or rivers. This statement is included on this final plat as a condition of acceptance and shall be in the nature of a covenant running with the land, serving as notice to all future owners of the existence of the drainage easements and stormwater features as shown on the plat and the private duty to maintain them in perpetuity. As a condition of approval of this plat and acceptance of this project by the Authority, the developer and owner hereby covenant that any future deed conveying all or any portion of the property or lots shown herein shall specifically refer to this plat and incorporate this plat by reference."

1104 (j) Stormwater management performance and maintenance bonds.

The Authority shall have the right to require the posting of performance and maintenance bonds to ensure the proper construction and ongoing maintenance of stormwater management facilities by private owners, which bonds may be called or forfeited upon any failure to comply with the requirements of this Section.

1104 (k) Stormwater management application procedure.

1104 (l) Stormwater management application review fees.

The fee for review of any stormwater management application shall be based on the fee structure established by the Authority and shall be paid prior to the issuance of any building permit for the development by the appropriate governmental entity.

1104 (m) Modifications for off-site stormwater management facilities.

1104 (n) Post-development stormwater management performance criteria.

The following performance criteria shall be applicable to all stormwater management plans, unless otherwise provided for in this Section:

All stormwater runoff generated from a site shall be adequately treated before discharge. It will be presumed that a stormwater management system complies with this requirement if:

Protection of stream channels from bank and bed erosion and degradation shall be provided by using all of the following three approaches:

Downstream overbank flood and property protection shall be provided by controlling (attenuating) the post-development peak discharge rate to the pre-development rate for the 25-year, 24-hour return frequency storm event. If control of the 1-year, 24-hour storm under Paragraph B, above, is exempted, then peak discharge rate attenuation of the 2-year through the 25-year return frequency storm event must be provided.

Extreme flood and public safety protection shall be provided by controlling and safely conveying the 100-year, 24-hour return frequency storm event such that flooding is not exacerbated.

All structural stormwater management facilities shall be selected and designed using the appropriate criteria from the Georgia Stormwater Management Manual. All structural stormwater controls must be designed appropriately to meet their intended function. 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 Authority before being included in the design of a stormwater management system. In addition, if hydrologic or topographic conditions, or land use activities warrant greater control than that provided by the minimum control requirements, the Authority 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 stormwater runoff or increased nonpoint source pollution loads created on the site in question.

Applicants 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.

The use of one or more site design measures by the applicant may allow for a reduction in the water quality treatment volume required under Sec. 1104 (n)(1), above. If approved by the Authority, the applicant may take credit for the use of stormwater better site design practices and reduce the water quality volume requirement. For each potential credit, there is a minimum set of criteria and requirements that identify the conditions or circumstances under which the credit may be applied. 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.

Stormwater conveyance facilities, which may include, but are not limited to, culverts, stormwater drainage pipes, catch basins, drop inlets, junctions boxes, headwalls, gutter, swales, channels, ditches, and energy dissipaters shall be provided when necessary for the protection of public right-of-way and private properties adjoining project sites and/or public right-of-ways. Stormwater conveyance facilities that are designed to carry runoff from more than one parcel, existing or proposed, shall meet the following requirements:

Any land disturbing activity that involves a site that proposes a dam shall comply with the Georgia Safe Dams Act and Rules for Dam Safety, as applicable.

1104 (o) Construction inspections of post-development stormwater management system.

Upon completion of a project, and before a certificate of occupancy shall be g ranted, the applicant is responsible for certifying that the completed project is in accordance with the approved stormwater management plan. All applicants are required to submit actual "as-built"

plans for any stormwater management facilities or practices after final construction is completed. The plan must show the final design specifications for all stormwater management facilities and practices and must be certified by a Professional Engineer. A final inspection by the Authority is required before the release of any performance securities can occur.

1104 (p) Long-term maintenance inspection of stormwater facilities and practices.

1104 (q) Right-of-entry for inspection.

Pursuant to Sec. 1104 (h)(3)j, above, the Authority shall have the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection. This includes the right to enter a property when the Authority has a reasonable basis to believe that a violation of this Section is occurring or has occurred and to enter when necessary for abatement of a public nuisance or correction of a violation of this Section.

1104 (r) Records of maintenance activities.

Parties responsible for the operation and maintenance of a stormwater management facility shall provide records of all maintenance and repairs to the Authority upon request.

1104 (s) Failure to maintain stormwater management facilities.

If a responsible person fails or refuses to meet the maintenance requirements of the plan or this Section, the Authority, 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 a violation of the design standards or maintenance requirements by performing the necessary work to place the facility or practice in proper working condition. The Authority may assess the owner(s) of the facility for the cost of repair work which shall be a lien on the property, and may be added to the water bill of the served property and/or all properties draining to the stormwater management structure on a pro-rata basis, and/or placed on the ad valorem tax bill for each such property and collected in the ordinary manner for such taxes.

1104 (t) Stormwater management; violations, enforcement, and penalties.

Any action or inaction which violates the provisions of this Section or the requirements of an approved stormwater management plan or permit may be subject to the enforcement actions outlined in this Section. Any such action or inaction that is continuous with respect to time is deemed to be a public nuisance and may be abated by injunctive or other equitable relief. The imposition of any of the penalties described below shall not prevent such equitable relief.

If the Authority determines that an applicant or other responsible person has failed to comply with the terms and conditions of a permit, an approved stormwater management plan, or the provisions of this Section, the Authority shall issue a written notice of violation to such applicant or other responsible person. Where a person is engaged in activity covered by this Section without having first secured a permit therefore, the notice of violation shall be served on the owner or the responsible person in charge of the activity being conducted on the site.

In the event the remedial measures described in the notice of violation have not been completed by the date set forth for such completion in the notice of violation, 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. Before taking any of the following actions or imposing any of the following penalties, the Authority shall first notify the applicant or other responsible person in writing of its intended action, and shall provide a reasonable opportunity, of not less than ten days (except, that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours notice shall be sufficient) to cure such violation. In the event the applicant or other responsible person fails to cure such violation after such notice and cure period, the Authority may take any one or more of the following actions or impose any one or more of the following penalties.

The Authority may issue a stop work order that shall be served on the applicant or other responsible person. The stop work order shall remain in effect until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein, provided the stop work order may be withdrawn or modified to enable the applicant or other responsible person to take the necessary remedial measures to cure such violation or violations.

The Authority may terminate water service and/or request that the City refuse to issue a certificate of occupancy for the building or other improvements constructed or being constructed on the site until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein.

The Authority may suspend, revoke, or modify the permit authorizing the land development project. A suspended, revoked, or modified permit may be reinstated after the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein, provided such permit may be reinstated [upon such conditions as the Authority may deem necessary] to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations.

In the event the applicant or other responsible person 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 Authority shall deem appropriate (except, that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours notice shall be sufficient) after the Authority has taken one or more of the actions described above, the Authority may impose a penalty not to exceed $1,000 (depending upon the severity of the violation) for each day the violation remains unremedied after receipt of the notice of violation.

For intentional and flagrant violations of this Section, the Authority may issue a citation to the applicant or other responsible person, requiring such person to appear in the Magistrate Court of Douglas County, or any other court of competent jurisdiction to answer charges for such violation. Upon conviction, such person shall be punished by a fine not to exceed $1,000 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.

Sec. 1105 - Floodplain management regulations.

Article IX, Section II of the Constitution of the State of Georgia and Section 36-1-20 (a) of the Official Code of Georgia Annotated have delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. There, Douglas County, Georgia, does ordain this ordinance and establishes this set of floodplain management and flood hazard reduction policies for the purpose of regulating the use of flood hazard areas. It is determined that the regulation of flood hazard areas and the prevention of flood damage are in the public interest and will minimize threats to public health and safety, as well as to private and public property.

1105 (a) Floodplain management regulations; purpose and policy.

The purpose of the floodplain management regulations set forth in this Section is to protect, maintain, and enhance the public health, safety, environment, and general welfare and to minimize public and private losses due to flood conditions in flood hazard areas, as well as to protect the beneficial uses of floodplain areas for water quality protection, stream bank and stream corridor protection, wetlands preservation, and ecological and environmental protection by provisions designed to:

1105 (b) Definitions related to floodplain management.

The following definitions shall apply to Section 9 of these Rules and Regulations:

Addition (to an existing building): Any walled or roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a firewall. Any walled and roofed addition that is connected by a firewall or is separated by an independent perimeter load-bearing wall shall be considered New Construction.

Adjacent to the Floodplain: All land within a development that would flood if the one hundred-year (100-year) flood elevation increase by ten (10) feet.

Appeal: A request for a review of the Authority's Engineering Department's interpretation of any provision of this ordinance.

Area of Shallow Flooding: A designated AO or AH Zone on the applicable local Flood Insurance Rate Map

Area of Special Flood Hazard: The land in the floodplain subject to a one percent or greater chance of flooding in any given year. In the absence of official designation by the Federal Emergency Management Agency, Areas of Special Flood Hazard shall be those designated by the local community and referenced in Section 1105(e). 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 FHBM or the FIRM) and all floodplain and flood prone areas at or below the future-conditions flood elevation. All streams with a drainage area of one hundred (100) acres or greater shall have the area of Special Flood Hazard delineated.

Authority: The Douglasville-Douglas County Water and Sewer Authority and/or its authorized agents or representatives.

Base Flood: The flood having a 1% or greater chance of being equaled or exceeded in any given year (i.e., the "100-year flood").

Base Flood Elevation: The highest water surface elevation anticipated at any given point during the base flood.

Basement: That portion of a building having its floor subgrade (below ground level) on at least one side.

Building: See "Structure."

County: Unincorporated Douglas County, Georgia and/or it's governing authority or authorized agents or representatives.

Development: Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, clearing, grubbing, grading, paving, any other installation of impervious cover, excavation or drilling operations or storage of equipment or materials.

Elevated Building: A non-basement building built to have the lowest floor of the lowest enclosed area elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns, piers, or shear walls adequately anchored so as not to impair the structural integrity of the building during a base flood event.

Existing Construction: Any structure for which the "start of construction" commenced before February 3, 1987 for structures within unincorporated Douglas County.

Existing Manufactured Home Park or Subdivision: A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum the installation of utilities, the construction of streets, and final site grading or the pouring of concrete pads) is completed before January 1, 1980, for structures within unincorporated Douglas County.

Expansion to an Existing Manufactured Home Park or Subdivision: The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed, including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads.

Fair Market Value: The pre-flood market value as determined by an independent property appraisal by a licensed/certified appraiser or the recorded property value assessed by the Douglas County Tax Assessor.

FEMA: The Federal Emergency Management Agency.

Flood or Flooding: A general and temporary condition of partial or complete inundation of normally dry land areas from:

Flood Hazard Boundary Map (FHBM): An official map of a community, issued by the Federal Insurance Administration, where the boundaries of area of special flood hazard have been defined as Zone A.

Flood Insurance Rate Map (FIRM): An official map of a community, issued by the Federal Insurance Administration, delineating the areas of special flood hazard and/or risk premium zones applicable to the community.

Flood Insurance Study (FIS): The official report by the Federal Insurance Administration evaluating flood hazards and containing flood profiles and water surface elevations of the base flood.

Floodplain: Any land area susceptible to flooding.

Floodway or Regulatory Floodway: The channel of a stream or other watercourse and the adjacent areas of the floodplain which is necessary to contain and discharge the base flood flow without cumulatively increasing the base flood elevation more than one foot.

Floodproofing: Any combination of structural and non-structural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Functionally Dependent Use: A use that cannot perform its intended purpose unless it is located or carried out in close proximity to water.

Future-Conditions Flood: The flood having a one percent (1%) chance of being equaled or exceeded in any given year based on future-conditions hydrology. Also known as the 100 year Future-Conditions Flood.

Future-Conditions Floodplain: Any land area susceptible to flooding by the future-conditions flood.

Future-Conditions Flood Elevation: The flood standard equal to or higher than the Base Flood Elevation.

The Future-Conditions Flood Elevation is defined as the highest water surface at any given point during the Future-Conditions Flood.

Future-Conditions Hydrology: The flood discharge associated with projected land-use conditions based on zoning maps and future land use maps without consideration of projected future construction of flood detention structures or projected future hydraulic modifications within a stream or waterway, such as a bridge and culvert construction, fill and excavation.

Highest Adjacent Grade: The highest natural elevation of the ground surface, prior to construction, adjacent to the proposed foundation of a building.

Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

or

Land Development Activities: Those actions or activities that comprise, facilitate or result in developments.

Land Development Project: A discrete land development undertaking.

Lowest Floor: The lowest floor of the lowest enclosed area, including basement. An unfinished or flood resistant enclosure, 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 enclosure is not built so as to render the structure in violation of other provisions of this code.

Manufactured Home: A building, transportable in one or more sections, built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term includes any structure commonly referred to as a "mobile home" regardless of the date of the manufacture. The term also includes parked trailers, travel trailers and similar transportable structures placed on a site for 180 consecutive date or longer and intended to be improved property.

May: A regulation or requirement that is permissive.

Mean Sea Level: The average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For purposes of this Code, the term is synonymous with National Geodetic Vertical Datum (NGVD) of 1988.

National Geodetic Vertical Datum (NGVD): As corrected in 1929, is a vertical control used as a reference for establishing varying elevations within the floodplain.

New Construction: Means any "structure" for which the "start of construction" commenced after February 3, 1987, for structures within unincorporated Douglas County and includes any subsequent improvements to the structure.

New Manufactured Home Park or Subdivision: A manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after January 1, 1980, for structures within unincorporated Douglas County.

North American Vertical Datum (DAVD) of 1988: A vertical control used as a reference for establishing varying elevations within the floodplain.

Ordinance: Refers to this Ordinance, means Article 11 of the Unified Development Code regarding Floodplain Management and any applicable provisions set forth in the Authority's Design and Construction Standards.

Owner: 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, firm or corporation in control of the site.

Permit: The land development permit issued by the County and released by the Authority to the applicant, which is required for undertaking any land development activity.

Regulatory Floodplain: The future-conditions one hundred-year (100-year) floodplain where available.

Where the future-conditions base floodplain has not been determined, the regulatory floodplain means the existing one hundred-year (100-year) base floodplain.

Repetitive Loss: Flood-related damages sustained by a structure on two separate occasions during a ten-year (10-year) period for which the cost of repairs at the time of each such flood event, on the average equals or exceeds twenty-five percent (25%) of the market value of the structure before the damages occurred.

Section: When referring to this Section, includes all provisions set forth in Chapter 9 of the Authority's Rules and Regulations and all applicable provisions of the Authority's Design and Construction Standards adopted in conjunction herewith.

Shall: The regulation or requirement is mandatory.

Site: The parcel of land being developed or the portion thereof on which the land development project is located.

Start of Construction: The date the permit was issued, provided the actual start of construction, repair, reconstruction or improvement was within one hundred eighty (180) days of the permit date. The actual start means the first placement of permanent construction of the structure, such as pouring of slabs or footing, installation of pipes, construction of columns, or any work beyond the stage of excavation, and includes the placement of a manufactured home on a foundation. Permanent construction doe not include initial land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footing, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of buildings appurtenant to the permitted structures, such as garages or shed not occupied as dwelling units or part of the main structure. (Note: Accessory structures are not exempt from any requirement of this Section.) For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Structure: A walled and roofed building that is principally above ground, a manufactured home, or a gas or liquid storage tank.

Subdivision: The division of a tract or parcel of land resulting in one or more new lots or building sites for the purposed, whether immediately or in the future, of sale, other transfer of ownership, or land development, and includes division of land resulting from or made in connection with the layout of development of a new street or roadway or a change in an existing street or roadway.

Substantial Damage: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred. Damage could be from a single event or cumulative damage for a period not to exceed ten (10) years.

Substantial Improvement: Any combination of repairs, reconstruction, alteration, or improvements to a building, taking place during a ten-year (10-year) period, in which the cumulative cost equals or exceeds fifty (50) percent of the market value of the structure prior to the improvement. The market value of the building means (1) the appraised value of the structure prior to the start of the initial repair or improvement, or (2) in the case of damage, the value of the structure prior to the damage occurring.

This term includes structures that have incurred "substantial damage" regardless of the actual amount of repair work performed. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. The term does not, however, include those improvements of a building required to comply with existing health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, which have been pre-identified by the Authority or any County Code Enforcement official, and not solely triggered by an improvement or repair project.

Substantially Improved Existing Manufactured Home Park or Subdivision: is where the repair, reconstruction, rehabilitation, or improvement of the streets, utilities, and pads equals or exceeds 50% of the value of the streets, utilities, and pads before the repair, reconstruction, or improvement commenced.

Variance: A grant of relief from the requirements of this Article, which permits construction in a manner otherwise prohibited by this Article.

Variance Board: The Appeal Panel designated by the Authority, which shall include the Executive Director, the Chief Financial Officer of the Authority and Authority Counsel, or their designees, which shall hear and decide appeals and requests for variances from the requirements of this Article.

Violation: The failure of a structure or other development to be fully compliant with the floodplain management regulations. A structure or other development without a required elevation certificate, other certificates, or other evidence of compliance required in this Section 1105, is presumed to be a violation until such time as that documentation is provided.

1105 (c) Floodplain management regulations; applicability.

This Section shall be applicable to all Areas of Special Flood Hazard within Douglas County, i.e. floodplain and flood prone areas as defined herein at or below the base flood elevation or the regulatory flood elevation (including A, AO, AH, AE, A1-30, or A-99 on the FIRM), and all new or substantial improvement residential units, all subdivisions, non-residential structures, manufactured home, recreational vehicles, and utilities located within these areas. In addition, all streams within a drainage area of 100 acres or more have an area of special flood hazard.

1105 (d) Designation of administrator.

The Authority's Engineering Department is hereby appointed to administer, implement and enforce the provision of this Section.

1105 (e) Basis for area of special flood hazard; flood area maps and studies.

For the purposes of this Section, the following are adopted by reference:

1105 (f) Compatibility with other regulations.

The regulations set forth in this Section are not intended to modify or repeal any other ordinance, rule, regulation, resolution, statute, easement, covenant, deed restriction, or other provision of law. The requirements of this Section are in addition to the requirements of any other ordinance, rule, regulation, resolution, or other provision of law, and where any provision of this Section imposes restrictions different from those imposed by any other ordinance, rule, regulation, resolution, or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control.

1105 (g) 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.

1105 (h) Warning and disclaimer of liability.

The degree of flood protection required by this Section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur, and flood heights may be increased by manmade or natural causes. This Section does not imply that land outside the Areas of Special Flood Hazard or uses permitted within such areas will be free from flooding or flood damages. This Section shall not create any liability on the part of the Authority or any officer or employee thereof for any flood damages that result from reliance on this Section or any administrative decision lawfully made hereunder.

1105 (i) Permit application requirements.

1105 (j) Floodplain management plan requirements.

and

1105 (k) Construction stage submittal requirements.

1105 (l) Duties and responsibilities of the authority.

Duties of the Authority shall include, but shall not be limited to:

of the lowest floor, including basement, of all new or substantially improved structures;

1105 (m) Definition of floodplain boundaries.

1105 (n) Definition of floodway boundaries.

The width of a floodway shall be determined from the FIS or FEMA approved flood study. For all streams with a drainage are of one hundred (100) acres or greater, the regulatory floodway shall be provided by the Authority. If floodway data is not available from the Authority, then it shall be determined by a professional engineer using methods approved by FEMA and the Authority, the cost of which shall be paid by the applicant.

1105 (o) General standards for land development.

Acceptable means of providing required compensation include: lowering of natural ground elevations within the floodplain; or lowering of adjoining land areas to create additional floodplain storage. All cut areas are to be graded to a slope of no less than three percent ( 3.0 %). In no case shall any required compensation be provided via bottom storage or by excavating below the elevation of the top of the natural (pre-development) stream channel unless such excavation results from the widening or relocation of the stream channel. A step-backwater analysis will be required to determine the volume of flood storage created by raising the regulatory flood elevation;

In all cases, effective transitions must be provided such that flow velocities occurring on both upstream and downstream properties are not increased or decreased.

1105 (p) Engineering study requirements for floodplain encroachments.

An engineering study is required, as appropriate to the proposed development activities on the site, whenever a development proposes to disturb the base floodplain or future-conditions floodplain. This study shall be prepared by a currently registered Professional Engineer in the State of Georgia and made a part of the application for a permit. This information shall be submitted to and approved by the Authority prior to the approval of any permit that would authorize the disturbance of land located within the floodplain. Such study shall include:

Cross-sections (which may be supplemented by the applicant) and flow information will be obtained whenever available. Computations will be shown duplicating FIS results and will then be rerun with the proposed modifications to determine the new base flood and regulatory flood profiles;

1105 (q) Floodway encroachments.

Located within Areas of Special Flood Hazard are areas designated as floodway. A floodway may be an extremely hazardous area due to velocity floodwaters, debris, or erosion potential. In addition, floodways must remain free of encroachment in order to allow for the discharge of the base flood without increased flood heights. Therefore, the following provisions shall apply:

1105 (r) Maintenance requirements.

The property owner shall be responsible for continuing maintenance as may be needed within an altered or relocated portion of a floodplain on his property so that the flood-carrying or flood storage capacity is not diminished. The Authority may direct the property owner (at no cost to the Authority) to restore the flood-carrying or flood storage capacity of the floodplain if the owner has not performed maintenance as required by the approved floodplain management plan on file with the Authority.

1105 (s) General standards for flood hazard reduction.

In all Areas of Special Flood Hazard, the following provisions apply:

All 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 and 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.

square inch for every square foot of enclosed area subject to flooding;

Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable State requirements for resisting wind forces;

1105 (t) Building standards for structures and buildings within the floodplain.

New construction of residential buildings, including manufactured homes, shall not be allowed within the limits of the base floodplain or future-condition floodplain.

Substantial improvement of any structure or manufactured home shall have the lowest floor, including basement, elevated no lower than three (3) feet above the base flood elevation or one (1) foot above the future-conditions flood elevation, whichever is highest. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to equalize the hydrologic flood forces on exterior walls and to facilitate the unimpeded movements of floodwaters shall be provided in accordance with standards of Section 1105(s)(6) "Enclosures."

New construction of principal buildings shall not be allowed within the limits of the future-conditions floodplain unless all requirements of Article 11, Section 1105(j), (k), (o),

Substantial improvement of any principal non-residential structure located in A1-30, AE, or AH zones may be authorized by the Authority to be flood-proofed in lieu of elevation.

The structure, together with attendant utility and sanitary facilities, must be designed to be water tight to one (1) foot above the base flood elevation, or at least as high as the future-conditions flood elevation, whichever is highest, with walls substantially impermeable to the passage of water, and structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered Professional Engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions above, and shall provide such certification to the Authority.

Accessory structures and facilities (i.e., barns, sheds, gazebos, detached garages, parking lots, recreational facilities, and other similar structures and facilities) which are permitted to be located within the limits of the floodplain shall be constructed of flood-resistant materials and designed and constructed to pass all floodwater in a manner consistent with Section 1105 (s)

1105 (u) Building standards for structures and buildings authorized adjacent to the floodplain.

All buildings shall comply with the County's building codes, in addition to the following:

No new residential structures maybe constructed within the base floodplain or the future-conditions floodplain. For new construction adjacent to the base floodplain or future-conditions floodplain or substantial improvement to any existing residential building or manufactured home within a floodplain, the elevation of the lowest floor, including basement and access to the building, shall be at least three (3) feet above the level of the highest base flood (one hundred-year (100-year)) elevation or one (1) foot above the future-conditions flood elevation, whichever is higher.

For new construction or substantial improvement of any principal non-residential building, the elevation of the lowest floor, including the basement and access to the building, shall be at least one (1) foot above the level of the base flood (one hundred-year (100-year)) elevation or at least as high as the future-conditions flood elevation, whichever is highest.

1105 (v) Building standards for streams without established base flood elevations and/or floodway (A-Zones).

For a residential single-lot development not part of a subdivision that has Areas of Special Flood Hazard, where streams exist but no base flood data have been provided (A-Zones), the Authority shall review and reasonably utilize any available scientific or historic flood elevation data, base flood elevation and floodway data or future-conditions flood elevation data available from a Federal, State, local or other source, in order to administer the provisions and standards of this ordinance.

If data are not available from any of these sources, the following provisions shall apply:

1105 (w) Building standards for X Zone areas.

1105 (x) Building standards for Areas of Shallow Flooding (AO-Zones).

Areas of Special Flood Hazard may include designated "AO" shallow flood areas. These areas have base flood depths of one to three feet above ground, with no clearly defined channel. In these areas, the following provisions apply:

The applicant's or owner's engineer shall certify to the Authority that the lowest floor elevation level is at least three (3) feet above the highest adjacent grade and the record shall become a permanent part of the permit file.

1105 (y) Standards for subdivisions.

1105 (z) Standards for utilities.

1105 (aa) Repetitive loss structures/substantial damage.

percent of the fair market value of the structure at the time of each flood eve, and;

1105 (bb) Variance procedures.

The following variance and appeals procedures shall apply to an applicant who has been denied a permit for a development or to an owner or developer who has not applied for a permit because it is clear that the proposed development activity would be inconsistent with the provisions of this Article. A request for a variance may be submitted by an applicant who has been denied a permit by the Authority or by an owner or developer who has not been previously applied for a permit stated above.

All such requests shall be heard and decided in accordance with procedures established by the Authority. At a minimum, such procedures shall include notice to all affected parties and the opportunity to be heard.

1105 (cc) Violations, enforcement, and penalties.

Any action or inaction which violates the provisions of this Section or the requirements of an approved stormwater management plan or permit may be subject to the enforcement actions outlined in this Section. Any such action or inaction that is continuous with respect to time is deemed to be a public nuisance and may be abated by injunctive or other equitable relief. The imposition of any of the penalties described below shall not prevent such equitable relief.

If the Authority determines that an applicant or other responsible person has failed to comply with the terms and conditions of a permit, an approved stormwater management plan or the provisions of this Section, it shall issue a written notice of violation to such applicant or other responsible person. Where a person is engaged in activity covered by this Section without having first secured a permit therefore, the notice of violation shall be served on the owner or the responsible person in charge of the activity being conducted on the site.

In the event the remedial measures described in the notice of violation have not been completed by the date set forth for such completion in the notice of violation, 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. Before taking any of the following actions or imposing any of the following penalties, the Authority shall first notify the applicant or other responsible person in writing of its intended action, and shall provide a reasonable opportunity, of not less than 10 days (except, that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours notice shall be sufficient) to cure such violation. In the event the applicant or other responsible person fails to cure such violation after such notice and cure period, the Authority may take any one or more of the following actions or impose any one or more of the following penalties:

The Authority may issue a stop-work order, which shall be served on the applicant or other responsible person. The stop-work order shall remain in effect until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein, provided the stop-work order may be withdrawn or modified to enable the applicant or other responsible person to take the necessary remedial measures to cure such violation or violations.

The Authority may terminate water service and/or request that the County refuse to issue a certificate of occupancy for the building or other improvements constructed or being constructed on the site until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein.

The Authority may suspend, revoke, or modify the permit authorizing the land development project. A suspended, revoked, or modified permit may be reinstated after the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein, provided such permit may be reinstated (upon such conditions as the Authority may deem necessary) to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations.

In the event the applicant or other responsible person fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within 10 days, or such greater period as the Authority shall deem appropriate (except, that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours notice shall be sufficient) after the Authority has taken one or more of the actions described above, the Authority may impose a penalty not to exceed $1,000 (depending upon the severity of the violation) for each day the violation remains unremitted after receipt of the notice of violation.

For intentional and flagrant violations of this Section, the Authority may issue a citation to the applicant or other responsible person, requiring such person to appear in the magistrate or other court of competent jurisdiction to answer charges for such violation.

Upon conviction, such person shall be punished by a fine not to exceed $1,000 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.