Duluth › Unified Development Code

Article 8 — Environmental Protection

current as of 2026-07-13verified current · checked 2026-08-24OfficialVerify with City of Duluth ↗37 sections · full chapter

§ 801

Definitions Related to Stream Buffer Protection

See Article 14 Interpretation and Definitions for definitions related to Stream Buffer Protection.

§ 802

Applicability

Division I of this Article shall apply to all land development activity, including subdividing and platting activities, on property containing a stream protection area as defined in Article 14 of this Code Division. These requirements are in addition to, and do not replace or supersede, any other applicable buffer requirements established under state law and approval or exemption from these requirements do not constitute approval or exemption from buffer requirements established under state law or from other applicable local, state or federal regulations.

802.01. Grandfather Provisions

Division I of this Article shall not apply to the following activities, when such activities were lawfully established prior to the effective date of this Code Division or its predecessor ordinance:

1.Work consisting of the repair, maintenance or replacement within the same disturbed area of any lawful use of land that is zoned and approved for such use.

2.Existing development and ongoing land disturbance activities including but not limited to existing agriculture, silviculture, landscaping, gardening and lawn maintenance, except that new development or land disturbance activities on such properties will be subject to all applicable buffer requirements.

3.Any lawful land development activity that was under construction, has a valid permit, or has submitted a valid and complete application for a permit.

4.Any lawful land development activity that has not been submitted for approval, but that is part of a Planned Development that has been conceptually approved.

802.02. Exemptions

The following specific activities are exempt from Section 803, however any activity within a state waters buffer must meet State requirements:

1.Activities for the purpose of building one of the following:

a.A stream crossing by a driveway, transportation route including but not limited to bike paths and pedestrian trails, or utility line;

b.Public water supply intake or public wastewater outfall structures;

c.Land development necessary to provide access to a property;

d.Public access facilities that must be on the water including boat ramps, docks, foot trails leading directly to the river, fishing platforms and overlooks;

e.Unpaved foot trails and paths;

f.Activities to restore and enhance stream bank stability, vegetation, water quality and/or aquatic habitat, so long as native vegetation and bioengineering techniques are used;

g.Stormwater outfalls to the stream, by pipe or channel, necessary to protect the buffer from erosion caused by high flow velocities due to steep slopes.

2.Public sewer line installation in easements running parallel with the stream where necessary, except that all easements (permanent and construction) and land disturbance within a state waters’ buffer must meet State requirements. This includes such impervious cover as is necessary for the operation and maintenance of the utility, including but not limited to manholes, vents and valve structures. This exemption shall not be construed as allowing the construction of roads, bike paths or other transportation routes in such easements, regardless of paving material, except for access for the uses specifically cited in subsection 802.02(a), above.

3.Land development activities within a dedicated transportation right-of-way existing at the time the requirements of this Code Division first took effect under the predecessor ordinance, or which are permitted under the terms of this Code Division.

4.Within an easement of any utility existing at the time the requirements of this Code Division first took effect under the predecessor ordinance or approved under the terms of this Code Division, land disturbance activities and such impervious cover as is necessary for the operation and maintenance of the utility, including but not limited to manholes, vents and valve structures.

5.Emergency work necessary to preserve life or property. However, when emergency work is performed under this subsection, the person performing it shall report such work to the Planning and Development Department on the next business day after commencement of the work. Within 10 business days thereafter, the person shall apply for a permit and perform such work within such time period as may be determined by the Planning and Development Department to be reasonably necessary to correct any impairment such emergency work may have caused to the water conveyance capacity, stability or water quality of the protection area.

6.Forestry and silviculture activities on land that is zoned for forestry, silvicultural or agricultural uses and are not incidental to other land development activity. If such activity results in land disturbance in the buffer that would otherwise be prohibited, then no other land disturbing activity other than normal forest management practices will be allowed on the entire property for three years after the end of the activities that intruded on the buffer.

7.Pervious surface multi-use trails no more than 12 feet in width and activities related to construction of a multi-use trail no more than 12 feet in width, provided the trail complies with the requirements of the Soil Erosion, Sedimentation and Pollution Control section in Article 10 of this Development Code.

8.Detention/water quality ponds provided said ponds comply with all other local, state and federal requirements including but limited to the Floodplain Management section of this Article, the Soil Erosion, Sedimentation Pollution Control section of Article 10 of this Development Code, and U.S Army Corp of Engineers wetlands regulations in this Article.

§ 803

Land Development Requirements

803.01. Buffer and Setback Requirements

All land development activity subject to this Code Division shall meet the following requirements:

1.An undisturbed buffer shall be maintained for 50 feet, measured horizontally, on both banks (as applicable) of the stream as measured from the line of wrested vegetation. The land forming the bank is also considered part of the buffer for purposes of this Code Division.

2.An additional setback shall be maintained for 25 feet, measured horizontally, beyond the undisturbed buffer, in which all impervious cover shall be prohibited. Grading, filling and earthmoving shall be minimized within the setback.

3.No septic tanks or septic tank drain fields shall be permitted within the buffer or the setback.

Any land development activity within a buffer established hereunder or any impervious cover within a setback established hereunder is prohibited unless a variance is granted pursuant to Section 803.02 herein.

803.02. Variance Procedures

Variance requests from the requirements of this Code Division shall be submitted on an application form as prescribed by the Planning and Development Director or the director’s designee, along with such fees as shall be established by the Mayor and City Council. The Planning and Development Director or the director’s designee shall coordinate the review of each variance request with all other affected City of Duluth departments and shall forward such comments or recommendations as may be received to the Zoning Board of Appeals for action in their normal course of business. The review must include a recommendation from the Planning and Development Department.

This section describes how to apply for a variance from this Code Division, however any activity within a state waters’ buffer must meet State requirements.

1.Variances may be granted in accordance with the following provisions:

a.The project involves the construction of one single family home for residential use by the owner of the subject property on a parcel that was platted prior to the effective date of this Code Division, and its shape, topography or other existing physical condition prevents land development consistent with this Code Division, and the Planning and Development Department finds and determines that the requirements of this Code Division prohibit the otherwise lawful use of the property by the owner, the Zoning Board of Appeals may grant a variance from the buffer and setback requirements hereunder, provided such variance requires mitigation measures to offset the effects of any proposed land development on the parcel. The Zoning Board of Appeals is authorized to use a consent agenda to fulfill the terms of this Subsection.

b.Except as provided above, the Zoning Board of Appeals shall grant no variance from any provision of this Code Division without first conducting a public hearing on the application for variance and authorizing the granting of the variance by an affirmative vote of the Board. The Planning and Development Department shall follow the Public Hearing, or “notice”, requirements for a variance to be heard by the Zoning Board of Appeals as provided in the Procedures and Permits Article of this UDC. No application or reapplication for a variance affecting the same stream segment on a property shall be heard within 12 months from the date of last action by the Zoning Board of Appeals unless such 12-month period is waived by the Zoning Board of Appeals, and in no case may such application or reapplication be reconsidered in less than six months from the date of last action by the Zoning Board of Appeals.

2.Variances will not be considered when, following adoption of this Code Division, actions of any property owner of a given property have created conditions of a hardship on that property.

3.Variances will be considered only in the following cases:

a.The applicant provides evidence that impacts to the buffer have been avoided or minimized to the fullest extent practicable; and

b.The project involves the construction or repair of a structure that, by its nature, must be located within the buffer. Such structures include dams and detention/retention ponds; or

c.Paved recreational foot trails and viewing areas, providing that impacts to the buffer are minimal; or

d.The proposed land disturbing activity within the buffer will receive a permit from the United States Army Corps of Engineers (USACE) under Section 404 of the federal Water Pollution Control Act Amendment of 1972, 33 U.S.C. Section 1344, and the Corps of Engineers has received a mitigation plan to be implemented as a condition of such a permit. In addition, land disturbing activities in the buffer that are outside the USACE’s jurisdiction must be mitigated; or

e.The buffer intrusion is mitigated using the procedure established in the Georgia Stormwater Management Manual, latest edition; or

f.A valid and complete application for rezoning of the property is submitted prior to the effective date of this Code Division and approval of the rezoning by the Mayor and City Council occurs after the effective date of this Code Division application, and the variance request is consistent with the intent of this Code Division factoring into account the property owner's reliance on standards in effect at the time of the rezoning.

4.At a minimum, a variance request shall include the following information:

a.A site map that includes locations of all streams, wetlands, floodplain boundaries and other natural features, as determined by field survey;

b.A description of the shape, size, topography, slope, soils, vegetation and other physical characteristics of the property;

c.A dated site plan that shows the locations of all existing and proposed structures and other impervious cover, the limits of all existing and proposed land disturbance, both inside and outside the buffer and setback. The exact area of the buffer to be affected shall be accurately and clearly indicated;

d.Documentation that impacts to the buffer have been avoided or minimized to the fullest extent practicable;

e.A calculation of the total area and length of the proposed intrusion;

f.A stormwater management site plan, if applicable;

g.Proposed mitigation, if any, for the intrusion. If no mitigation is proposed, the request must include an explanation of why none is being proposed;

h.A description of the project, with details of the buffer disturbance, including estimated length of time for the disturbance and justification for why the disturbance is necessary;

i.Any other reasonable information related to the project that the Planning and Development Department may deem necessary to effectively evaluate the variance request;

j.A copy of the permit application, supporting documentation, and proposed mitigation plan as submitted to the United States Army Corps of Engineers under Section 404 of the federal Water Pollution Control Act Amendment of 1972, 33 U.S.C. Section 1344, if applicable;

k.A copy of the permit application, supporting documentation, and proposed mitigation plan as submitted to the Georgia Environmental Protection Division for a variance from the state waters’

buffer; and

l.A buffer mitigation plan in accordance with the procedure outlined in the Georgia Stormwater Management Manual.

5.The following factors will be considered in determining whether to issue a variance:

a.The shape, size, topography, slope, soils, vegetation and other physical characteristics of the property;

b.The locations of all streams on the property, including along property boundaries as determined from field inspection;

c.The location and extent of the proposed buffer or setback intrusion; and,

d.Whether alternative designs are possible which require less intrusion or no intrusion;

e.The long-term and construction water-quality impacts of the proposed variance;

f.Whether issuance of the variance is at least as protective of natural resources and the environment;

g.The value of mitigation activities as calculated in accordance with the Georgia Stormwater Management Manual, latest edition.

§ 804

Special Buffer Regulations and Requirements

804.01. Special Provisions

1.In addition to the provisions of this Code Division, the following requirements shall apply. Whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall be considered to take precedence.

2.The grandfather provisions and variances sections of this Code Division do not apply to this Section 804.

However, applicable exemptions are given below.

804.02. Chattahoochee Corridor

1.Vegetation shall be left in its natural state, and impervious surfaces shall not be permitted, for a distance of 50 horizontal feet as measured from both banks of the Chattahoochee River and its impoundments, and for a distance of 35 horizontal feet as measured from both banks of all other flowing stream channels within the Chattahoochee Corridor, except for footpaths, designated public access areas, river or stream crossings by transportation facilities, public water supply intake structures, public wastewater treatment plant outfalls and utility line crossings.

2.Subject and in addition to the restrictions set forth in 804.02(a) herein, impervious surfaces and structures shall not be permitted within, on or over any land that is 150 horizontal feet or less from either bank of the Chattahoochee River and its impoundments, except for footpaths, designated public access areas, river or stream crossings by transportation facilities, public water supply intake structures, public wastewater treatment plant outfalls and water supply and sewerage manholes that are designed and built at grade, unless it is determined by the Atlanta Regional Commission, after consideration by a Committee of the Atlanta Regional Commission as authorized by the Atlanta Regional Commission, and based in part upon the affidavit of, and substantial evidence submitted by, a registered professional engineer qualified in water quality and hydrology that the impervious surfaces and structures will not be harmful to the water and land resources of the Chattahoochee Corridor, will not significantly impede the natural flow of flood waters and will not result in significant land erosion, stream bank erosion, siltation or water pollution.

3.Not including the impervious surfaces and structures that are excepted above, any impervious surfaces or structures that, in the judgment of the Atlanta Regional Commission, must legally be permitted within, on or over any land that is 150 horizontal feet or less from either bank of the Chattahoochee River and its impoundments on lots of record as of March 16, 1973 for the portion of the Chattahoochee Corridor between Buford Dam and the downstream limit of the City of Atlanta water intake, which were designated by the local governing authority for a single-family detached residential use, shall meet the following standard:

a.For each 1-foot incursion into the 150-foot impervious surface buffer, 1 foot of natural vegetation shall be added to the 50-foot natural vegetation buffer.

b.In the event that the Atlanta Regional Commission determines that legal, physical, biological or hydrologic conditions on the site prevent the addition of all the required natural vegetation, substitute measures satisfactory to the Atlanta Regional Commission shall be taken to provide an equivalent level of land and water resource protection.

4.See also the Procedures and Permits Article for applicable standards required under the Metropolitan River Protection Act.

804.03. Exemptions

The following specific activities are exempt from Section 804.02; however, any activity within a state waters’ buffer must meet State requirements:

1.Pervious surface multi-use trails no more than 12 feet in width and activities related to construction of a multi-use trail no more than 12 feet width, provided the trail complies with the requirements of the Soil Erosion, Sedimentation and Pollution Control section of Article 10 of this Code.

2.Detention/water quality ponds provided said ponds comply with all other local, state and federal requirements including but limited to the Flood Damage Prevention section of this Article, the Soil Erosion, Sedimentation and Pollution Control section of Article 10 of this Development Code, and U.S Army Corp of Engineers wetlands regulations in this Article.

3.Additional Information Requirements for Development on Buffer Zone Properties. Any permit applications for property requiring buffers and setbacks hereunder must include the following:

a.A Site Plan Showing:

i.The location of all streams on the property.

ii.Limits of required stream buffers and setbacks on the property;

iii.Buffer zone topography with contour lines at no greater than 2-foot contour intervals;

iv.Delineation of forested and open areas in the buffer zone; and,

v.Detailed plans of all proposed land development in the buffer and of all proposed impervious cover within the setback;

b.A description of all proposed land development within the buffer and setback; and,

c.Any other documentation that the Planning and Development Department may reasonably deem necessary for review of the application and to ensure that the buffer zone requirements are addressed in the approval process.

d.All buffer and setback areas must be recorded on the final plat of the property following plan approval.

§ 805

Responsibility

Neither the issuance of a development permit nor compliance with the conditions thereof, nor with the provisions of this Code Division shall relieve any person from any responsibility otherwise imposed by law for damage to persons or property; nor shall the issuance of any permit hereunder serve to impose any liability upon City of Duluth, its officers or employees, for injury or damage to persons or property.

§ 806

Inspection

1.The Planning and Development Department may cause inspections of the work in the buffer or setback to be made periodically during the course thereof and shall make a final inspection following completion of the work. The permittee shall assist representatives of either department in making such inspections. The Director of the Planning and Development Department shall have the authority to conduct such investigations as he or she may reasonably deem necessary to carry out the duties as prescribed in this Code Division, and for this purpose to enter at reasonable time upon any property, public or private, for the purpose of investigating and inspecting the sites of any land development activities within the protection area.

2.No person shall refuse entry or access to any authorized representative or agent who requests entry for purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out official duties.

§ 807

Violations, Enforcement and Penalties

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

807.01. Enforcement Procedures

The following are the enforcement procedures authorized by Code Division. In the event the owner or responsible person fails to correct the violations after the deadline contained in the Notice of Violation, the Director of the Planning and Development Department is authorized to take or impose any one or more of the additional actions contained herein.

1.Notices of Violation. Enforcement shall begin with the issuance of a written Notice of Violation to the owner or responsible person by the Director of the Planning and Development Department. The notice may be delivered personally or sent by first class mail. The Notice of Violation shall contain at least the following information:

a.The name and address of the owner or responsible person;

b.The location or address of the site upon which the violation is occurring;

c.Description of the nature of the violation;

d.Description of the remedial actions or measures necessary to bring an action or inaction into compliance with a permit, approved plan or this Code Division;

e.The deadline or completion date of any such remedial actions or measures; and

f.A statement of the penalty or penalties that may be assessed against the owner or responsible person to whom the Notice of Violation is directed.

2.Stop Work Orders. The Director of the Planning and Development Department is authorized to issue Stop Work Orders to an owner or responsible person. Stop Work Orders are effective immediately and shall remain in effect until the necessary corrective actions or remedial measures as set forth in the Notice of Violation have occurred. Stop Work Orders may be withdrawn or modified by the Director of the Planning and Development Department or the director’s designee in order to enable an owner or responsible person to take necessary remedial actions or measures to correct the violations.

3.Refusal to Issue Certificates of Occupancy or Completion. The Director of the Planning and Development Department is authorized to refuse to issue Certificates of Occupancy or Completion for the building or other improvements constructed or being constructed on a site until the owner or responsible person has taken the remedial actions or measures as set forth in the Notice of Violation or has otherwise corrected the violations described therein.

4.Suspension, Revocation, or Modification of Permit. The Director of the Planning and Development Department is authorized to suspend, revoke or modify a permit that was issued authorizing land disturbing activities or development. The Director of the Planning and Development Department is authorized to reinstate a suspended, revoked or modified permit after the owner or responsible person has taken the remedial actions or measures stated in the Notice of Violation or has otherwise corrected the violations described therein. The Director of the Planning and Development Department is also authorized to reinstate such permit, which may include conditions as the Director of the Planning and Development Department may deem necessary, to enable the owner or responsible person to take the necessary remedial actions or measures to correct the violations.

5.Refusal to Approve Final Subdivision Plats. The Director of the Planning and Development Department is authorized to refuse to approve Final Plats until the owner or responsible person has taken the remedial actions or measures set forth in the Notice of Violation or has otherwise corrected the violations described therein.

6.Issuance of Citations or Summons to Court. The Director of the Planning and Development Department is authorized to issue a citation or summons to the owner or responsible person requiring such person to appear in a court of competent jurisdiction to answer charges for violations of this Code Division.

807.02. Legal Penalties and/or Remedies

1.Fine and/or Sentence. Any person convicted by a court of competent jurisdiction of violating any provision of this Code Division shall be guilty of violating a duly adopted ordinance of the City and shall be punished either by a fine not less than $100 per day and not greater than $1,000 per day, or by a sentence of imprisonment not to exceed 60 days in jail, or both a fine and jail or work alternate. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

2.Other Legal Remedies. In any case in which a violation of this Code Division has occurred, the City, in addition to other remedies provided by law, may petition for a restraining order, injunction, abatement, or take any other appropriate legal action or proceeding through a court of competent jurisdiction to prevent, restrain, or abate such unlawful use or activity.

807.03. Petition

In any case in which any land is, or is proposed to be, used or activities are undertaken in violation of this Code Division or any amendment thereto adopted by the Mayor and City Council in addition to other remedies provided by law, may petition for a restraining order, injunction, abatement, or take any other appropriate legal action or proceeding through a court of competent jurisdiction to prevent, restrain, or abate such unlawful use or activity.

§ 808

Administrative Appeal and Judicial Review

808.01. Administration

This Code Division shall be administered, interpreted, and enforced by the Director of the Planning and Development Department.

808.02. Administrative Appeal

Appeals of the interpretation by Director of the Department of the Planning and Development Department shall first be submitted in writing (on a form provided by the Planning and Development Department) to either director who shall review the request in a timely manner and receive comments from other affected departments. Such appeal shall be made within 15 days after the decision is to be appealed. The appeal thereupon shall be forwarded to the Zoning Board of Appeals for action in their normal course of business.

808.03. Judicial Review

Any person aggrieved by a decision or order of the Director of the Department of Planning and Development Department, after exhausting all administrative remedies, shall have the right to appeal certiorari to the Superior Court of Gwinnett County.

Division II. Chattahoochee River Tributary Protection

§ 809

Regulations Adopted by Reference

The Chattahoochee River Tributary Protection Ordinance adopted by the City on March 12, 1984, is incorporated herein by reference as if fully set out in this Code. Copies of such ordinance are on file and available for inspection in the offices of the City.

Division III. Wetland Protection

§ 810

Purpose

1.The wetlands in the City of Duluth are indispensable and fragile natural resources with significant development constraints due to flooding, erosion, and soils limitations. In their natural state, wetlands serve man and nature. They provide habitat areas for fish, wildlife and vegetation; water quality maintenance and pollution control; flood control; erosion control; natural resource education; scientific study; and open space and recreational opportunities. In addition, the wise management of forested wetlands is essential to the economic wellbeing of many communities within the State of Georgia.

2.Nationally, a considerable number of these important natural resources have been lost or impaired by draining, dredging, filling, excavating, building, pollution and other acts. Piecemeal or cumulative losses will, over time, destroy additional wetlands. Damaging or destroying wetlands threatens public safety and the general welfare.

3.The purpose of this Code Division is to promote wetlands protection, while taking into account varying ecological, economic development, recreational and aesthetic values. Activities that may damage wetlands should be located on upland sites to the greatest degree practicable as determined through a permitting process.

§ 811

Definitions Relating to Wetlands Protection

See Article 14 Interpretation and Definitions for definitions that relate to Wetlands Protection.

§ 812

Establishment of the Wetlands Protection District

1.The Wetlands Protection District is hereby established which shall correspond to all lands within the jurisdiction of the City of Duluth, Georgia that are mapped as wetland areas by the U.S. Fish and Wildlife Service National Wetlands Inventory Maps. This map shall be referred to as the Generalized Wetlands Map and is hereby adopted by reference and declared to be a part of this Article, together with all explanatory matter thereon and attached thereto.

2.The Generalized Wetlands Map does not represent the boundaries of jurisdictional wetlands within City of Duluth and cannot serve as a substitute for a delineation of wetland boundaries by the U.S. Army Corps of Engineers, as required by Section 404 of the Clean Water Act, as amended. Any local government action under this Code Division does not relieve the landowner from federal or state permitting requirements.

§ 813

Protection Criteria

Requirement for Local Permit or Permission. No regulated activity will be permitted within the Wetlands Protection District without written permission or a permit from the City of Duluth. If the area proposed for development is located within 50 feet of a Wetlands Protection District boundary, as determined by the City of Duluth Planning and Development Director using the Generalized Wetlands Map, a U.S. Army Corps of Engineers determination shall be required. If the Corps determines that wetlands are present on the proposed development site, the local permit or permission will not be granted until a Section 404 Permit or Letter of Permission is issued.

§ 814

Allowed Uses

The following uses shall be allowed as of right within the Wetlands Protection District to the extent that they are not prohibited by any other ordinance or law, including laws of trespass, and provided they do not require structures, grading, fill, draining, or dredging except as provided herein. [The activities listed in this section are exempted from Section 404 regulations provided they do not have impacts on a navigable waterway that would necessitate acquisition of an individual 404 permit. However, under Section 10 of the Rivers and Harbors Act, a permit may be required in some circumstances.]

1.Conservation or preservation of soil, water, vegetation, fish and other wildlife, provided it does not affect waters of Georgia or of the Unites States in such a way that would require an individual 404 Permit.

2.Outdoor passive recreational activities, including fishing, bird watching, hiking, boating, horseback riding, and canoeing.

3.Forestry practices applied in accordance with best management practices approved by the Georgia Forestry Commission and as specified in Section 404 of the Clean Water Act.

4.The cultivation of agricultural crops. Agricultural activities shall be subject to best management practices approved by the Georgia Department of Agriculture.

5.The pasturing of livestock, provided that riparian wetlands are protected, that soil profiles are not disturbed and that approved agricultural Best Management Practices are followed.

6.Education, scientific research, and nature trails.

§ 815

Prohibited Uses

The following uses are not permitted within the Wetlands Protection District.

1.Receiving areas for toxic or hazardous waste or other contaminants; and

2.Hazardous or sanitary waste landfills.

§ 816

Administration and Enforcement Procedures

816.01. Site Plans

Application for a local development permit within the Groundwater Recharge Areas shall include a site plan, drawn at a scale of 1 inch = 50 feet, with the following information:

1.A map of all planned excavation and fill, including calculations of the volume of cut and fill involved, cross sectional drawings showing existing and proposed grades. Elevations, horizontal scale and vertical scale must be shown on the cross-sectional drawings.

2.A map of any wetland boundaries occurring within the site must be provided. This boundary may be included on other maps provided by the applicant.

3.Location, dimensions and area of all impervious surfaces, both existing and proposed, on the site and adjacent to the site for a distance of 50 feet.

4.The orientation and distance from the boundaries of the proposed site to the nearest bank of an affected perennial stream or water body.

5.Elevations of the site and adjacent lands within 50 feet of the site at contour intervals of no greater than two feet; and no greater than one foot for slopes less than or equal to 2%.

6.Location and detailed design of any spill and leak collection systems designed for the purpose of containing accidentally released hazardous or toxic materials.

7.All proposed temporary disruptions or diversions of local hydrology.

816.02. Activities to Comply with Site Plan

All development activities or site work conducted after approval of the site plan shall conform with the specifications of said site plan. Significant changes to the site plan that would alter the amount and velocity of stormwater runoff from the site, increase the amount of impervious surface within the development, alter the overall density of development, result in a considerable increase in the amount of excavation, fill or removal of the overall appearance of the development as proposed, can be amended only with the approval of the Director of the Planning and Development Department. Minor changes, such as the realignment of streets or minor alterations to drainage structures and other infrastructure to meet unexpected conditions are exempted from this requirement.

816.03. Review Procedures

The application shall be made to the City of Duluth Planning and Development Department and will be reviewed within 10 days. At the time of the application, the applicant shall pay a filing fee as specified by City of Duluth Planning and Development Department. Filing fees up to the larger of $500 or $1,000 per acre may be required to evaluate the application. This fee may be used to retain expert consultants who will provide services pertaining to functional assessment, mitigation, and wetland boundary determinations, as deemed necessary by the Director of the Planning and Development Department. The review period shall include the preparation of findings (approval, approval with conditions, or disapproval) by the Director of the Planning and Development Department. The applicant will receive written notification of the findings of the Director of the Planning and Development Department. If the review process is not completed within 30 days of receipt of a complete application, the application is considered to be approved. Decisions of the Director of the Planning and Development Department may be appealed to the City Council.

816.04. Duration of Permit Validity

1.If construction described in the development permit has not commenced within 6 months from the date of issuance, the permit shall expire.

2.If construction described in the development permit is suspended or abandoned after work has commenced, the permit shall expire 6 months after the date that work ceased.

3.Written notice of pending expiration of the development permit shall be issued by the Director of the Planning and Development Department.

816.05. Penalties

1.When a building or other structure has been constructed in violation of this section, the violator may be required to remove the structure at the discretion of the Director of the Planning and Development Department.

2.When removal of vegetative cover, excavation, or fill has taken place in violation of this section, the violator may be required to restore the affected land to its original contours and to restore vegetation, as far as practicable, at the discretion of the Director of the Planning and Development Department.

3.If the Director of the Planning and Development Department discovers a violation of this Code Division that also constitutes a violation of any provision of the Clean Water Act as amended, the City Council shall issue written notification of the violation to the U.S. Environmental Protection Agency, the U.S. Army Corps of Engineers, and the landowner.

816.06. Suspension, Revocation

The Director of the Planning and Development Department may suspend or revoke a permit if he/she finds that the applicant has not complied with the conditions or limitations set forth in the permit or has exceeded the scope of the work set forth in the permit. The Director of the Planning and Development Department shall cause notice of denial, issuance, conditional issuance, revocation or suspension of a permit to be published in a daily newspaper having a broad circulation in the area where the wetland is located.

816.07. Judicial Review

1.Jurisdiction. All final decisions of the City of Duluth concerning denial, approval or conditional approval of a permit shall be reviewable in the Gwinnett County Superior Court.

2.Alternative Actions. Based on these proceedings and the decision of the Gwinnett County Superior Court, the City Council or its designee may, within the time specified by the Gwinnett County Superior Court, elect to:

a.Institute negotiated purchase or condemnation proceedings to acquire an easement or fee interest in the applicant's land;

b.Approve the permit application with lesser restrictions or conditions (i.e., grant a variance); or

c.Institute other appropriate actions ordered by the court that fall within the jurisdiction of the City Council.

816.08. Amendments

These regulations and the Ground-Water Pollution Susceptibility Map of Georgia Hydrologic Atlas 20 may from time to time be amended in accordance with procedures and requirements in the general statutes and as new information becomes available.

Division IV. Water Supply Watersheds

§ 817

Purpose

1.In order to provide for the health, safety, and welfare of the public and a healthy economic climate within the City of Duluth and surrounding communities, it is essential that the quality of public drinking water be assured. The ability of natural systems to filter stormwater runoff can be threatened by unrestricted development. Land-disturbing activities associated with development can increase erosion and sedimentation that threatens the storage capacity of reservoirs. In addition, stormwater runoff, particularly from impervious surfaces, can introduce toxins, nutrients and sediment into drinking water supplies, making water treatment more complicated and expensive and rendering water resources unusable for recreation. Industrial land uses that involve the manufacture, use, transport, and storage of hazardous or toxic waste materials result in the potential risk of contamination of nearby public drinking water supplies.

2.The purpose of this Code Division is to establish measures to protect the quality and quantity of the present and future water supply of the City of Duluth; to minimize the transport of pollutants and sediment to the water supply; and to maintain the yield of the water supply watershed. This Code Division shall apply to all existing and proposed water supply watersheds within the City of Duluth.

§ 818

Definitions Related to Water Supply Watersheds

See Article 14 Interpretation and Definitions for definitions that relate to Water Supply Watersheds.

§ 819

Establishment of a Water Supply Watershed District

1.The Chattahoochee Water Supply Watershed District is hereby designated and shall comprise the land that drains to the Chattahoochee River. The boundaries of these overlays are defined by the ridgelines of the respective watershed and the boundary of a radius of 7 miles upstream of the respective public water supply intakes or reservoirs. This overlay shall be further delineated and defined on the Water Supply Watershed Protection District Overlay Map of the City of Duluth. The Map is hereby incorporated into and made a part of this Code Division by reference.

2.The following water supply watershed district is hereby defined and the boundaries shall be identified on the Water Supply Watershed District Overlay Map.

3.The Chattahoochee River is a large water supply watershed. Intakes for the Atlanta-Fulton Water Resources and the DeKalb County Water System are located on this river within a 7-mile radius upstream from the City of Duluth. This water supply watershed does not contain a reservoir within the City of Duluth.

§ 820

Protection Criteria

820.01. Regulations

The following regulations shall apply to the Chattahoochee River Water Supply Watershed identified on the Adopted Map as a large water supply watershed without a reservoir within the City of Duluth.

1.New facilities, located within 7 miles of a water supply intake or water supply reservoir, which handle hazardous materials of the types listed in Section 312 of the Resource Conservation and Recovery Act of 1976 (excluding underground storage tanks) and amounts of 10,000 pounds or more on any one day, shall perform their operations on impervious surfaces and in conformance with any applicable federal spill prevention requirements or the requirements of the Standard Fire Prevention Code.

2.The corridors of all perennial streams outside a seven-mile radius upstream of a governmentally owned public drinking water supply intake must be protected by the following criteria:

a.A buffer shall be maintained for a distance of 50 feet on both sides of the stream as measured from the stream banks.

b.No impervious surface shall be constructed within a 75-foot setback area on both sides of the stream as measured from the stream banks.

c.Septic tanks and septic tank drain fields are prohibited in the 75-foot setback area as described in subparagraph 820.01(2)(b) above.

3.The impervious surface area of any development, including all public and private structures, utilities, or facilities, of the entire water supply watershed shall be limited to 25%, or existing use, whichever is greater.

4.New facilities which handle hazardous materials of the types listed in Section 312 of the Resource Conservation and Recovery Act of 1976 (excluding underground storage tanks) and amounts of 10,000 pounds or more on any one day, shall perform their operations on impervious surfaces and in conformance with any applicable federal spill prevention requirements or the requirements of the Standard Fire Prevention Code.

820.02. Exemptions

The following uses shall be exempted:

1.Land uses existing prior to the adoption of this Code Division.

2.Mining activities permitted by the Department of Natural Resources under the Surface Mining Act.

3.Utilities from the stream corridor buffer and setback area provisions in accordance with the following conditions if the utilities to be located in the buffer or setback areas cannot feasibly be located outside these areas:

a.The utilities shall be located as far from the stream bank as reasonably possible.

b.The installation and maintenance of the utilities shall be such to protect the integrity of the buffer and setback areas as best as reasonably possible.

c.The utilities shall not impair the quality of the drinking water stream.

4.Specific forestry and agricultural activities in the stream corridor buffer and setback areas in accordance with the following conditions.

a.The activity shall be consistent with best management practices established by the Georgia Forestry Commission or the Georgia Department of Agriculture.

b.The activity shall not impair the quality of the drinking water stream.

§ 821

Administration and Enforcement

821.01. Site Plans

Application for a local development permit within the Chattahoochee River Water Supply Watershed shall include a site plan, drawn at a scale of 1 inch = 50 feet, with the following information:

2.A map of any wetland boundaries occurring within the site must be provided. This boundary may be included on other maps provided by the applicant.

3.Location, dimensions and area of all impervious surfaces, both existing and proposed, on the site and adjacent to the site for a distance of 50 feet.

4.The orientation and distance from the boundaries of the proposed site to the nearest bank of an affected perennial stream or water body.

5.Elevations of the site and adjacent lands within 50 feet of the site at contour intervals of no greater than two feet; and no greater than one foot for slopes less than or equal to 2%.

6.Location and detailed design of any spill and leak collection systems designed for the purpose of containing accidentally released hazardous or toxic materials.

7.All proposed temporary disruptions or diversions of local hydrology.

821.02. Activities to Comply with Site Plan

821.03. Review Procedures

The application shall be made to the City of Duluth Planning and Development Department and will be reviewed within 10 days. At the time of the application, the applicant shall pay a filing fee as specified by City of Duluth Planning and Development Department. Filing fees up to the larger of $500 or $1,000 per acre may be required to evaluate the application. This fee may be used to retain expert consultants who will provide services pertaining to functional assessment, mitigation, and wetland boundary determinations, as deemed necessary by the Director of the Planning and Development Department. The review period shall include the preparation of findings (approval, approval with conditions, or disapproval) by the Director of the Planning and Development Department. The applicant will receive written notification of the findings of the Director of the Planning and Development Department. If the review process is not completed within 30 days of receipt of complete application, the application is considered to be approved. Decisions of the Director of the Planning and Development Department may be appealed to the City Council.

821.04. Duration of Permit Validity

1.If construction described in the development permit has not commenced within 6 months from the date of issuance, the permit shall expire.

2.If construction described in the development permit is suspended or abandoned after work has commenced, the permit shall expire 6 months after the date that work ceased.

3.Written notice of pending expiration of the development permit shall be issued by the Director of the Planning and Development Department.

821.05. Penalties

821.06. Suspension, Revocation

The Director of the Planning and Development Department may suspend or revoke a permit if he/she finds that the applicant has not complied with the conditions or limitations set forth in the permit or has exceeded the scope of the work set forth in the permit. The Director of the Planning and Development Department shall cause notice of denial, issuance, conditional issuance, revocation or suspension of a permit to be published in the legal organ having a broad circulation in the area where the wetland is located.

821.07. Judicial Review

1.Jurisdiction. All final decisions of the City of Duluth concerning denial, approval or conditional approval of a permit shall be reviewable in the Gwinnett County Superior Court.

a.Institute negotiated purchase or condemnation proceedings to acquire an easement or fee interest in the applicant's land;

b.Approve the permit application with lesser restrictions or conditions (i.e., grant a variance); or

c.Institute other appropriate actions ordered by the court that fall within the jurisdiction of the City Council.

Division V. Groundwater Recharge Areas

§ 822

Purpose

1.In order to provide for the health, safety, and welfare of the public and a healthy economic climate within the City of Duluth and surrounding communities, it is essential that the quality of public drinking water be ensured. For this reason, it is necessary to protect the subsurface water resources that City of Duluth and surrounding communities rely on as sources of public water.

2.Groundwater resources are contained within underground reservoirs known as aquifers. These aquifers are zones of rock beneath the earth’s surface capable of containing or producing water from a well. They occupy vast regions of the subsurface and are replenished by infiltration of surface water runoff in zones of the surface known as groundwater recharge areas. Groundwater is susceptible to contamination when unrestricted development occurs within significant ground-water recharge areas. It is, therefore, necessary to manage land use within groundwater recharge areas in order to ensure that pollution threats are minimized.

§ 823

Definitions Related to Groundwater Recharge Areas

See Article 14 Interpretation and Definitions for definitions that relate to Groundwater Recharge Areas.

§ 824

Establishment of the Groundwater Recharge Area Protection District

1.The Groundwater Recharge Area Protection District is hereby established which shall correspond to all lands within the jurisdiction of the City of Duluth, Georgia that are mapped as significant recharge areas by the Georgia Department of Natural Resources in Hydrologic Atlas 18, 1989 edition. Said map is hereby adopted and made a part of this Article.

2.Determination of Pollution Susceptibility.

a.Each recharge area shall be determined to have a pollution susceptibility of high, medium, or low based on the Georgia Groundwater Pollution Susceptibility Map, Hydrologic Atlas 20, 1992 edition. Said map is hereby adopted and made a part of this Code Division.

b.A copy of both maps can be found in the offices of the Planning and Development Department.

§ 825

Protection Criteria

1.No construction may proceed on a building or manufactured home to be served by a septic tank unless the Gwinnett County Environmental Health Department first approves the proposed septic tank installations as meeting the requirements of the Georgia Department of Human Resources’ Manual for On-Site Sewage Management Systems (hereinafter DHR Manual), and Section 825(2) and Section 825(3), below.

2.New homes served by a septic tank/drain field system shall be on lots having minimum size limitations as follows, based on application of Table MT-1 of the DHR Manual (hereinafter DHR Table MT-1). The minimums set forth in Table MT-1 may be increased further based on consideration of other factors, as set forth in Sections A-F of the DHR Manual.

a.150% of the subdivision minimum lot size calculated based on application of DHR Table MT-1 if they are within a high pollution susceptibility area;

b.125% of the subdivision minimum lot size calculated based on application of DHR Table MT-1 if they are within a medium pollution susceptibility area;

c.110% of the subdivision minimum lot size calculated based on application of DHR Table MT-1 if they are within a low pollution susceptibility area.

3.New manufactured home parks served by septic tank/drain field systems shall have lots or spaces having minimum size limitations as follows, based on application of Table MT-2 of the DHR Manual (hereinafter DHR Table MT-2). The minimums set forth in Table MT-2 may be increased further based on consideration of other factors, as set forth in Sections A-F of the DHR Manual.

a.150% of the subdivision minimum lot or space size calculated based on application of DHR Table MT-2 if they are within a high pollution susceptibility area;

b.125% of the subdivision minimum lot or space size calculated based on application of DHR Table MT-2 if they are within a medium pollution susceptibility area;

c.110% of the subdivision minimum lot or space size calculated based on application of DHR Table MT-2 if they are within a low pollution susceptibility area.

4.New agricultural waste impoundment sites shall be lined if they are within a high pollution susceptibility area; a medium pollution susceptibility area and exceed 15 acre-feet; or a low pollution susceptibility area and exceed 50 acre-feet. As a minimum, the liner shall be constructed of compacted clay having a thickness of one-foot and a vertical hydraulic conductivity of less than 5 x 10-7cm/sec or other criteria established by the Natural Resource and Conservation Service.

5.New above-ground chemical or petroleum storage tanks, having a minimum volume of 660 gallons, shall have secondary containment for 110% of the volume of such tanks or 110% of the volume of the largest tank in a cluster of tanks. Such tanks used for agricultural purposes are exempt, provided they comply with all federal requirements.

6.New facilities that handle hazardous materials of the types listed in Section 312 of the Resource Conservation and Recovery Act of 1976 (excluding underground storage tanks) and in amounts of 10,000 pounds or more on any one day, shall perform their operations on impervious surfaces and in conformance with any applicable federal spill prevention requirements and local fire code requirements.

7.Permanent storm water infiltration basins shall not be constructed in areas having high pollution susceptibility.

§ 826

Exemptions

Any lot of record approved prior to the adoption of this Code Division is exempt from the minimum lot size requirements contained in Section 825(2) and Section 825(3) of this Article.

§ 827

Administration and Enforcement Procedures

827.01. Site Plans

Application for a local development permit within the jurisdiction of the City of Duluth shall include a site plan, drawn at a scale of 1 inch = 50 feet, with the following information:

1.A map of all planned excavation and fill, including calculations of the volume of cut and fill involved, cross-sectional drawings showing existing and proposed grades. Elevations, horizontal scale and vertical scale must be shown on the cross-sectional drawings.

2.A map of any wetland boundaries occurring within the site must be provided. This boundary may be included on other maps provided by the applicant.

3.Location, dimensions and area of all impervious surfaces, both existing and proposed, on the site and adjacent to the site for a distance of 50 feet.

4.The orientation and distance from the boundaries of the proposed site to the nearest bank of an affected perennial stream or water body.

5.Elevations of the site and adjacent lands within 50 feet of the site at contour intervals of no greater than two feet; and no greater than one foot for slopes less than or equal to 2%.

6.Location and detailed design of any spill and leak collection systems designed for the purpose of containing accidentally released hazardous or toxic materials.

7.All proposed temporary disruptions or diversions of local hydrology.

827.02. Activities to Comply with Site Plan

All development activities or site work conducted after approval of the site plan shall conform to the specifications of said site plan. Significant changes to the site plan that would alter the amount and velocity of storm water runoff from the site, increase the amount of impervious surface within the development, alter the overall density of development, result in a considerable increase in the amount of excavation, fill or removal of the overall appearance of the development as proposed, can be amended only with the approval of the Director of the Planning and Development Department. Minor changes, such as the realignment of streets or minor alterations to drainage structures and other infrastructure to meet unexpected conditions are exempted from this requirement.

827.03. Review Procedures

The application shall be made to the City of Duluth Planning and Development Department and will be reviewed within 10 days. At the time of the application, the applicant shall pay a filing fee as specified by City of Duluth Planning and Development Department. Filing fees up to the largest of $500 or $1,000 per acre may be required to evaluate the application. This fee may be used to retain expert consultants who will provide services pertaining to functional assessment, mitigation, and wetland boundary determinations, as deemed necessary by the Director of the Planning and Development Department. The review period shall include the preparation of findings (approval, approval with conditions, or disapproval) by the Director of the Planning and Development Department. The applicant will receive written notification of the findings of the Director of the Planning and Development Department. If the review process is not completed within 30 days of receipt of complete application, the application is considered to be approved. Decisions of the Director of the Planning and Development Department may be appealed to the City Council.

827.04. Duration of Permit Validity

1.If construction described in the development permit has not commenced within 6 months from the date of issuance, the permit shall expire.

2.If construction described in the development permit is suspended or abandoned after work has commenced, the permit shall expire 6 months after the date that work ceased.

3.Written notice of pending expiration of the development permit shall be issued by the Director of the Planning and Development Department.

827.05. Penalties

827.06. Suspension, Revocation

827.07. Judicial Review

1.Jurisdiction. All final decisions of the City of Duluth concerning denial, approval or conditional approval of a permit shall be reviewable in the Gwinnett County Superior Court.

2.Alternative Actions. Based on these proceedings and the decision of the City of Gwinnett County Superior Court, the City Council or its designee may, within the time specified by the Gwinnett County Superior Court, elect to:

a.Institute negotiated purchase or condemnation proceedings to acquire an easement or fee interest in the applicant's land;

b.Approve the permit application with lesser restrictions or conditions (i.e., grant a variance); or

c.Institute other appropriate actions ordered by the court that fall within the jurisdiction of the City Council.

3.Amendments. These regulations and the Pollution Susceptibility Map may from time to time be amended in accordance with procedures and requirements in the general statutes and as new information becomes available.

Division VI. Floodplain Management

§ 828

Findings

It is hereby determined that:

1.The flood hazard areas of the city are subject to periodic inundations which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood relief and protection, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

2.Flood hazard areas can serve important stormwater management, water quality, streambank protection, stream corridor protection, wetland preservation and ecological purposes when permanently protected as undisturbed or minimally disturbed areas.

3.Effective floodplain management and flood hazard protection activities can:

a.Protect human life and health;

b.Minimize damage to private property;

c.Minimize damage to public facilities and infrastructure such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; and

d.Minimize expenditure of public money for costly flood control projects associated with flooding and generally undertaken at the expense of the general public.

4.Article IX, Section II of the Constitution of the State of Georgia and O.C.G.A. § 36-1-20(a) has delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the city does ordain this Code Division 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.

§ 829

Purpose and Intent

The purpose of this Division VI of this Article 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, streambank and stream corridor protection, wetlands preservation and ecological and environmental protection by provisions designed to:

1.Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

2.Restrict or prohibit uses which are dangerous to health, safety and property due to flooding or erosion hazards, or which increase flood heights, velocities, or erosion;

3.Control filling, grading, dredging and other development which may increase flood damage or erosion;

4.Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands;

5.Limit the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters; and,

6.Protect the stormwater management, water quality, streambank protection, stream corridor protection, wetland preservation and ecological functions of natural floodplain areas.

§ 830

Definitions Related to Floodplain Management

See Article 14 Interpretation and Definitions for definitions that relate to Floodplain Management.

§ 831

Applicability

Division VI of this Article shall be applicable to all areas of special flood hazard within the city.

§ 832

Designation and Duties of Division Administrator

832.01. Designation and Duties of Division Administrator

The Planning and Development Director is hereby appointed to administer and implement the provisions of this Code Division.

832.02. Duties and Responsibilities of the Administrator

Duties of the Planning and Development Director shall include, but shall not be limited to:

1.Review all development applications and permits to ensure that the requirements of this Article have been satisfied and to determine whether proposed building sites will be reasonably safe from flooding;

2.Require that copies of all necessary permits from governmental agencies from which approval is required by federal or state law, including but not limited to Section 404 of the Clean Water Act Amendments of 1972, 33 U.S.C. 1334, be provided and maintained on file;

3.When base flood elevation data or floodway data have not been provided, then the Director of the Planning and Development Department shall require the applicant to obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other sources in order to meet the provisions of Section 836 and Section 837;

4.Review and record the actual elevation in relation to mean sea level (or highest adjacent grade) of the lowest floor, including basement, of all new or substantially improved structures;

5.Review and record the actual elevation, in relation to mean sea level to which any substantially improved structures have been flood-proofed;

6.When flood-proofing is utilized for a non-residential structure, the Director of the Planning and Development Department shall obtain certification of design criteria from a registered professional engineer or architect;

7.Notify affected adjacent communities and the state department of natural resources prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Emergency Management Agency (FEMA);

8.Where interpretation is needed as to the exact location of boundaries of the areas of special flood hazard (e.g., where there appears to be a conflict between a mapped boundary and actual field conditions) the Director of the Planning and Development Department shall make the necessary interpretation. Any person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this Article. Where floodplain elevations have been defined, the floodplain shall be determined based on flood elevations rather than the area graphically delineated on the floodplain maps; and,

9.All records pertaining to the provisions of this Article shall be maintained in the office of the Director of the Planning and Development Department and shall be open for public inspection; and,

10.Coordinate all FIRM revisions with GA DNR and FEMA; and,

11.Review variance applications and make recommendations to the Zoning Board of Appeals.

§ 833

Basis for Area of Special Flood Hazard-Flood Area Maps and Studies

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

1.The flood insurance study (FIS), dated September 29, 2006, with accompanying maps and other supporting data and any revision thereto are hereby adopted by reference. For those land areas acquired by the City through annexation, the current effective FIS and data for Gwinnett County, dated September 29, 2006, with accompanying maps and other supporting data and any revision thereto are hereby adopted by reference.

2.Other studies which may be relied upon for the establishment of the base flood elevation or delineation of the one hundred-year floodplain and flood-prone areas include:

a.Any flood or flood-related study conducted by the United States Army Corps of Engineers, the United States Geological Survey or any other local, state or federal agency applicable to the city;

b.Any base flood study authored by a registered professional engineer in the State of Georgia which has been prepared by FEMA approved methodology and approved by the Planning and Development Department.

3.Other studies which may be relied upon for the establishment of the future-conditions flood elevation or delineation of the future-conditions floodplain and flood-prone areas include:

a.Any flood or flood-related study conducted by the United States Army Corps of Engineers, the United States Geological Survey, or any other local, state or federal agency applicable to the city;

b.Any future-conditions flood study authored by a registered professional engineer in the state, which has been prepared by FEMA approved methodology and approved by the Duluth Planning and Development Department.

4.The repository for public inspection of the FIS, accompanying maps and other supporting data is located online.

§ 834

Warning and Disclaimer of Liability

The degree of flood protection required by this Article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur; flood heights may be increased by manmade or natural causes. This Article 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 Article shall not create liability on the part of the city or by any officer or employee thereof for any flood damages that result from reliance on this Article or any administrative decision lawfully made there under.

§ 835

Permit Procedures and Requirements

835.01. Permit Application Requirements.

1.No owner or developer shall perform any development activities on a site where an area of special flood hazard is located without first meeting the requirements of this Code Section prior to commencing the proposed activity.

2.Unless specifically excluded by this Article, any landowner or developer desiring a permit for a development activity shall submit to the Duluth Planning and Development Department a permit application on a form provided by the Planning and Development Department for that purpose.

3.No permit will be approved for any development activities that do not meet the requirements, restrictions and criteria of this Code Division.

835.02. Floodplain Management Plan Requirements.

1.An application for a development project with any area of special flood hazard located on the site will be required to include a floodplain management / flood damage prevention plan. This plan shall include the following items:

a.Site plan drawn to scale, which includes but is not limited to:

i.Existing and proposed elevations of the area in question and the nature, location and dimensions of existing and/or proposed structures, earthen fill placement, amount and location of excavation material, and storage of materials or equipment;

ii.For all proposed structures, spot ground elevations at building corners and twenty-foot or smaller intervals along the foundation footprint, or 1-foot contour elevations throughout the building site;

iii.Proposed locations of water supply, sanitary sewer, and utilities;

iv.Proposed locations of drainage and stormwater management facilities;

v.Proposed grading plan;

vi.Base flood elevations and future-conditions flood elevations;

vii.Boundaries of the base flood floodplain and future-conditions floodplain;

viii.If applicable, the location of the floodway; and

ix.Certification of the above by a registered professional engineer or surveyor.

b.Building and foundation design details, including but not limited to:

i.Elevation in relation to mean sea level (or highest adjacent grade) of the lowest floor, including basement, of all proposed structures;

ii.Elevation in relation to mean sea level to which any nonresidential structure will be floodproofed;

iii.Certification that any proposed non-residential floodproofed structure meets the criteria in 837.02(b);

iv.For enclosures below the base flood elevation, location and total net area of foundation openings as required in Section 837.01(e).

v.Design plans certified by a registered professional engineer or architect for all proposed structure(s).

c.Description of the extent to which any watercourse will be altered or relocated as a result of the proposed development;

d.Hard copies and digital files of computer models, if any, copies of work maps, comparison of pre-and post-development conditions base flood elevations, future-conditions flood elevations, flood protection elevations, special flood hazard areas and regulatory floodway widths, flood profiles and all other computations and other information similar to that presented in the FIS;

e.Copies of all applicable state and federal permits necessary for proposed development including but not limited to permits required by Section 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1334; and.

f.All appropriate certifications required under this Code Division.

2.The approved floodplain management/flood damage prevention plan shall contain certification by the applicant that all development activities will be done according to the plan or previously approved revisions. Any and all development permits and/or use and occupancy certificates or permits may be revoked at any time if the construction and development activities are not in strict accordance with approved plans.

835.03. Construction Stage Submittal Requirements.

1.Certification Required.

a.For all new construction and substantial improvements on sites with a floodplain management/flood damage prevention plan, the permit holder shall provide to the Director of the Planning and Development Department a certified as-built elevation certificate or flood-proofing certificate for nonresidential construction including the lowest floor elevation or flood-proofing level immediately after the lowest floor or flood-proofing is completed.

b.A final elevation certificate shall be provided after completion of construction including final grading of the site.

c.Any lowest floor certification made relative to mean sea level shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same.

d.When flood-proofing is utilized for non-residential structures, required certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same using the FEMA Floodproofing Certificate. This certification shall also include the design and operation/maintenance plan to assure continued viability of the floodproofing measures.

e.Any work undertaken prior to approval of these certifications shall be at the permit holder's risk.

2.Review of Certification Data.

a.The Director of Planning and Development Department shall review the above referenced certification data submitted.

b.Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further work being allowed to proceed.

c.Failure to submit certification or failure to make the corrections required hereby shall be cause to issue a stop work order for the project.

§ 836

Standards for Development.

836.01. Definition of Floodplain Boundaries.

1.Studied "A" zones, as identified in the FIS, shall be used to establish base flood elevations whenever available.

2.For all streams with a drainage area of 100 acres or greater, the future-conditions flood elevations shall be provided by FEMA. If future-conditions elevation data is not available from the Planning and Development Department, then it shall be determined by a registered professional engineer using a method approved by FEMA and the Planning and Development Department.

836.02. Definition of Floodway Boundaries.

1.The width of a floodway shall be determined from the FIS or FEMA approved flood study.

2.If floodway data is not available from FEMA, then it shall be determined by a registered professional engineer using a method approved by FEMA and the Planning and Development Department.

836.03. General Standards.

1.No development shall be allowed within any Area of Special Flood Hazard or any future-conditions floodplain that could result in any of the following:

a.Raising the base flood elevation or future-conditions flood elevation equal to or more than 0.01 foot;

b.Reducing the base flood or future-conditions flood storage capacity;

c.Changing the flow characteristics as to the depth and velocity of the waters of the base flood or future-conditions flood as they pass both the upstream and the downstream boundaries of the development area; or,

d.Creating hazardous or erosion-producing velocities or resulting in excessive sedimentation.

2.Any development within any Area of Special Flood Hazard or any future-conditions floodplain allowed under Subsection (a) above shall also meet the following conditions:

a.Compensation for storage capacity shall occur between the average ground water table elevation and the base flood elevation for the base flood, and between the average ground water table elevation and the future-condition flood elevation for the future-conditions flood, and lie either within the boundaries of ownership of the property being developed and shall be within the immediate vicinity of the location of the encroachment. 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. 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;

b.Cut areas shall be stabilized and graded to a slope of no more than 2 to 1;

c.Effective transitions shall be provided such that flow velocities occurring on both upstream and downstream properties are not increased or decreased;

d.Verification of no-rise conditions (0.01 foot or less), flood storage volumes, and flow characteristics shall be provided via a step-backwater analysis meeting the requirements of 836.04.

e.Public utilities and facilities, such as water, sanitary sewer, gas, and electrical systems, shall be located and constructed to minimize or eliminate infiltration or contamination from flood waters; and

f.Any significant physical changes to the base flood floodplain shall be submitted as a conditional letter of map revision (CLOMR) or conditional letter of map amendment (CLOMA), whichever is applicable. The CLOMR submittal shall be subject to approval by the Planning and Development Department using the community consent forms before forwarding the submittal package to FEMA for final approval. The responsibility for forwarding the CLOMR to FEMA and for obtaining the CLOMR approval shall be the responsibility of the applicant. Within six months of the completion of construction, the applicant shall submit as-built surveys for a final letter of map revision (LOMR).

836.04. 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 any land within the future-conditions floodplain, except for a residential single-lot development on streams without established base flood elevations and/or floodways for which the provisions of 836.04 apply. 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 Planning and Development Department prior to the approval of any permit which would authorize the disturbance of land located within the future-conditions floodplain. Such study shall include:

1.Description of the extent to which any watercourse or floodplain will be altered or relocated as a result of the proposed development;

2.Step-backwater analysis, using a FEMA-approved methodology approved by the Planning and Development Department. 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 profiles, and future-conditions flood profiles;

3.Floodplain storage calculations based on cross-sections (at least one every 100 feet) showing existing and proposed floodplain conditions to show that base flood floodplain and future-conditions floodplain storage capacity would not be diminished by the development;

4.The study shall include a preliminary plat, grading plan, or site plan, as appropriate, which shall clearly define all future-conditions floodplain encroachments.

836.05. 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 flood waters, 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:

1.Encroachments are prohibited, including earthen fill, new construction, substantial improvements or other development within the regulatory floodway, except for activities specifically allowed in (2) below.

2.Encroachments for bridges, culverts, roadways and utilities within the regulatory floodway may be permitted provided it is demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the encroachment shall not result in any increase to the pre-project base flood elevations, floodway elevations, or floodway widths during the base flood discharge. A registered professional engineer must provide supporting technical data and certification thereof; and,

3.If the applicant proposes to revise the floodway boundaries, no permit authorizing the encroachment into or an alteration of the floodway shall be issued by the Planning and Development Department until an affirmative conditional letter of map revision (CLOMR) is issued by FEMA and no-rise certification is approved by Planning and Development Department.

836.06. Maintenance Requirements.

1.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.

2.The Planning and Development Department may direct the property owner (at no cost to city) 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 Planning and Development Department.

§ 837

Provisions for Flood Damage Reduction.

837.01. General Standards.

In all areas of special flood hazard the following provisions apply:

1.New construction of principal buildings (residential or non-residential), including manufactured homes, shall not be allowed within the limits of the future-conditions floodplain, unless all requirements of Sections 836.03, 836.04 and 836.05 have been met;

2.New construction or substantial improvements of existing structures shall be anchored to prevent flotation, collapse or lateral movement of the structure;

3.New construction or substantial improvements of existing structures shall be constructed with materials and utility equipment resistant to flood damage;

4.New construction or substantial improvements of existing structures shall be constructed by methods and practices that minimize flood damage;

5.Elevated Buildings. All new construction and 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.

a.Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following minimum criteria:

i.Provide a minimum of two openings having a total net area of not less than 1 square inch for every square foot of enclosed area subject to flooding;

ii.The bottom of all openings shall be no higher than 1 foot above grade; and,

iii.Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwater in both directions.

b.So as not to violate the "lowest floor" criteria of this Article, the unfinished and flood resistant enclosure shall solely be used for parking of vehicles, limited storage of maintenance equipment used in connection with the premises, or entry to the elevated area; and,

c.The interior portion of such enclosed area shall not be partitioned or finished into separate rooms.

6.All heating and air conditioning equipment and components (including ductwork), all electrical, ventilation, plumbing, and other service facilities shall be designed and/or located 3 feet above the base flood elevation or 1 foot above the future-conditions flood elevation, whichever is higher, so as to prevent water from entering or accumulating within the components during conditions of flooding;

7.Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. 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;

8.New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;

9.New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters;

10.On-site waste disposal systems shall be located and constructed to avoid impairment to them, or contamination from them, during flooding; and,

11.Any alteration, repair, reconstruction or improvement to a structure which is not compliant with the provisions of Code Division, shall be undertaken only if the non-conformity is not furthered, extended or replaced.

12.If the proposed development is located in multiple flood zones or multiple base flood elevation across the proposed site, the higher or more restrictive base flood elevation or future condition elevation and development standards shall take precedence.

13.All proposed development shall include adequate drainage and stormwater management facilities per the requirements of the City of Duluth to reduce exposure to flood hazards.

14.Other public utilities such as gas and electric systems shall be located and constructed to avoid impairment to them, or public safety hazards from them, during flooding.

15.When only a portion of a proposed structure is located within a flood zone or the future conditions floodplain, the entire structure shall meet the requirements of this Code Division.

16.Subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, shall be reasonably safe from flooding:

a.All such proposals shall be consistent with the need to minimize flood damage within the flood-prone area;

b.All public utilities and facilities, such as sewer, gas, electrical, and water systems shall be located and constructed to minimize or eliminate flood damage; and

c.Adequate drainage shall be provided to reduce exposure to flood hazards.

837.02. Building Standards for Structures and Buildings within the Future-Conditions Floodplain.

The following provisions, in addition to those in Section 837.01, shall apply:

1.Residential Buildings.

a.New Construction. New construction of principal buildings, including manufactured homes shall not be allowed within the limits of the future-conditions floodplain unless all requirements of Sections 836.03, 836.04 and 836.05 have been met. If all of the requirements of Sections 836.03, 836.04 and 836.05 have been met, all new construction shall have the lowest floor, including basement, elevated no lower than 3 feet above the base flood elevation or 1 foot above the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate the 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 837.01(5).

b.Substantial Improvements. Substantial improvement of any principal structure or manufactured home shall have the lowest floor, including basement, elevated no lower than 3 feet above the base flood elevation or 1 foot above the future-conditions flood elevation, whichever is higher.

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 flood waters shall be provided in accordance with standards of Section 837.01(5).

2.Nonresidential Buildings.

a.New Construction. New construction of principal non-residential structures shall not be allowed within the limits of the future-conditions floodplain unless all requirements of Sections 836.03, 836.04 and 836.05 have been met. If all of the requirements of Sections 836.03, 836.04 and 836.05 have been met, all new construction shall have the lowest floor, including basement, elevated no lower than 1 foot above the base flood elevation or at least as high as the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of 837.01(5)(a). New construction of principal buildings, including manufactured homes shall not be allowed within the limits of the future-conditions floodplain unless all requirements of Sections 836.03, 836.04 and 836.05 have been met. New construction that has met all of the requirements of Sections 836.03, 836.04 and 836.05 may be floodproofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be watertight to 1 foot above the base flood elevation, or at least as high as the future-conditions flood elevation, whichever is higher, 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 Planning and Development Director using the FEMA Floodproofing Certificate along with the design and operation/maintenance plan.

b.Substantial Improvements. Substantial improvement of any principal non-residential structure located in A1-30, AE, or AH zones, may be authorized by the Planning and Development Director 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 1 foot above the base flood elevation, or at least as high as the future-conditions flood elevation, whichever is higher, 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 Planning and Development Director using the FEMA Floodproofing Certificate along with the design and operation/maintenance plan.

c.Accessory Structures and Facilities. Accessory structures and facilities (i.e., barns, sheds, gazebos, detached garages, parking lots, recreational facilities and other similar non-habitable structures and facilities) which are allowed to be located within the limits of the floodplain shall be constructed of flood-resistant materials and designed to pass all floodwater in accordance with Section 837.01(5) and be anchored to prevent flotation, collapse or lateral movement of the structure.

d.Standards for Recreational Vehicles. All recreational vehicles placed on sites must either:

i.Be on the site for fewer than 180 consecutive days and be fully licensed and ready for highway use, (a recreational vehicle is ready for highway use if it is licensed, on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached structures or additions); or

ii.The recreational vehicle must meet all the requirements for residential buildings—substantial improvements, subsection (a)(2), including the anchoring and elevation requirements.

e.Standards for Manufactured Homes.

i.New manufactured homes shall not be allowed to be placed within the limits of the future-conditions floodplain unless all requirements of Sections 836.03, 836.04 and 836.05 have been met. If all of the requirements of Sections 836.03, 836.04 and 836.05 have been met, all new construction and substantial improvement shall have the lowest floor, including basement, elevated no lower than 3 feet above the base flood elevation or 1 foot above the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate the structure, opening sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of Section 837.01(5)(a).

ii.Manufactured homes placed and/or substantially improved in an existing manufactured home park or subdivision shall be elevated so that either:

1.The lowest floor of the manufactured home is elevated no lower than 3 feet above the level of the base flood elevation, or 1 foot above the future-conditions flood elevation, whichever is higher; or

2.The manufactured home chassis is elevated and supported by reinforced piers (or other foundation elements of at least an equivalent strength) of no less than 36 inches in height above grade.

iii.All manufactured homes must be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement in accordance with standards of Section 837.01(7).

837.03. Building Standards for Structures and Buildings Authorized Adjacent to the Future-

Conditions Floodplain.

1.Residential Buildings. For new construction or substantial improvement of any principal residential building or manufactured home, the elevation of the lowest floor, including basement and access to the building, shall be at least 3 feet above the base flood elevation or 1 foot above the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of Section 837.01(5)(a).

2.Nonresidential Buildings. For new construction or substantial improvement of any principal non-residential building, the elevation of the lowest floor, including basement and access to the building, shall be at least 1 foot above the level of the base flood elevation or at least as high as the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to automatically equalize the hydrostatic flood forces on exterior walls shall be provided in accordance with standards of Section 837.01(5)(a). Non-residential buildings may be floodproofed in lieu of elevation.

837.04. Building Standards for Residential Single-Lot Developments on Streams without

Established Base Flood Elevations and/or Floodway (A-Zones).

1.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 Planning and Development Director 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 Article.

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

a.No encroachments, including structures or fill material, shall be located within an area equal to twice the width of the stream or 50 feet from the top of the bank of the stream, whichever is greater.

b.In special flood hazard areas without base flood or future-conditions flood elevation data, new construction and substantial improvements of existing structures shall have the lowest floor of the lowest enclosed area (including basement) elevated no less than 3 feet above the highest adjacent grade at the building site. Openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with Section 837.01(5).

837.05. Building Standards for Areas of Shallow Flooding (AO-zones).

Areas of special flood hazard may include designated "AO" shallow flooding areas. These areas have base flood depths of 1 to 3 feet above ground, with no clearly defined channel. In these areas the following provisions apply:

1.New and all substantial improvements of residential and nonresidential structures shall have the lowest floor, including basement, elevated to no lower than 1 foot above the flood depth number in feet specified on the flood insurance rate map (FIRM), above the highest adjacent grade. If no flood depth number is specified, the lowest floor, including basement, shall be elevated at least 3 feet above the highest adjacent grade. Openings sufficient to facilitate the unimpeded movements of flood waters shall be provided in accordance with standards of 837.01(5).

2.New and substantial improvements of a non-residential structure may be flood-proofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be watertight to the specified FIRM flood level plus 1 foot above the highest adjacent grade, 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 and shall provide such certification to the Director of the Planning and Development Department using the FEMA Floodproofing Certificate along with the design and operation/maintenance plan; and,

3.Drainage paths shall be provided to guide floodwater around and away from any proposed structure.

837.06. Standards for Subdivisions.

1.All subdivision proposals shall identify the special flood hazard area and Areas of Future-conditions Flood hazard therein and provide base flood elevation data and future-conditions flood elevation data;

2.All residential lots in a subdivision proposal shall have sufficient buildable area outside of the future-conditions floodplain such that encroachments into the future-conditions floodplain for residential structures will not be required;

3.All subdivision plans will provide the elevations of proposed structures in accordance with Section 835.02;

4.All subdivision proposals shall be consistent with the need to minimize flood damage;

5.All subdivision proposals shall have public utilities and facilities such as water, sanitary sewer, gas, and electrical systems located and constructed to minimize or eliminate infiltration of flood waters, and discharges from the systems into flood waters; and all subdivision proposals shall include adequate drainage and stormwater management facilities per the requirements of the city to reduce potential exposure to flood hazards.