LandCode
Forsyth CountyUnified Development Code

Chapter 21 — Overlay Districts, Article 3 — PROTECTED GROUNDWATER RECHARGE AREA DISTRICT

current as of 2026-04-02currency checked manuallyOfficialofficial source2 sections · full chapter
§ 21-3.1

Permitted Uses.

All uses allowed in the underlying zoning districts as established by this Code except for those listed in prohibited uses below are permitted in a Protected Groundwater Recharge Area Overlay District subject to the following conditions and standards:

(A)The Department of Natural Resources shall not issue any permits for new sanitary landfills not having synthetic liners and leachate collection systems.
(B)The Department of Natural Resources shall not issue any new permits for the land disposal of hazardous wastes.
(C)The Department of Natural Resources shall require all new facilities permitted or to be permitted to treat, store, or dispose of hazardous waste to perform such operations on an impermeable pad having a spill and leak collection system.
(D)New above-ground chemical or petroleum storage tanks, having a minimum volume of 660 gallons, shall have secondary containment for 110 percent of the volume of such tanks or 110 percent of the volume of the largest tank in a cluster of tanks. (Note: These figures are consistent with US EPA rules for oil pollution prevention, 40 CFR 112.1.) Such tanks used for agricultural purposes are exempt, provided they comply with all Federal requirements.
(E)New agricultural waste impoundment sites shall be lined if they are within:
(1)A high pollution susceptibility area;
(2)A medium pollution susceptibility area and exceed 15 acre-feet;
(3)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 x10-7 cm/sec or other criteria established by the U.S. Soil Conservation Service; the Georgia Department of Natural Resources, Environmental Protection Division; and/or Forsyth County. (The average size of existing agricultural waste impoundments in Georgia is about 15 acre-feet; sheeps-foot rollers or pans with heavy rubber tires, which are normal equipment for most Georgia earth moving contractors, should be able to compact clay to the recommended vertical hydraulic conductivity.)

(F)New homes served by septic tank/drain field systems shall be on lots having the following minimum size limitations as identified on Table MT-1 of the Department of Human Resources' Manual for On-Site Sewage Management Systems (hereinafter "DHR Table MT-1"):
(1)150% of the subdivision minimum lot size of DHR Table MT-1 if they are within a high pollution susceptibility area; and
(2)125% of the subdivision minimum lot size of DHR Table MT-1 if they are within a medium pollution susceptibility area; and
(3)110% of the subdivision minimum lot size of DHR Table MT-1 if they are within a low pollution susceptibility area.
(G)New manufactured/mobile home parks served by septic tank/drain field systems shall have lots or spaces having the following size limitation as identified on Table MT-2 of the Department of Human Resources' Manual for On-Site Sewage Management Systems (hereinafter "DHR Table MT-2):
(1)150% of the subdivision minimum lot or space size of DHR Table MT-2 if they are within a high pollution susceptibility area; and
(2)125% of the subdivision minimum lot or space size of DHR Table MT-2 if they are within a medium pollution susceptibility area, and
(3)110% of the subdivision minimum lot or space size of DHR Table MT-2 if they are within a low pollution susceptibility area.
(H)If Forsyth County requires a larger lot size than that required by (F) above for homes or by (G) above for manufactured/mobile homes, the larger lot size shall be used.
(I)No construction may proceed on a building or manufactured/mobile home to be served by a septic tank unless the Forsyth County Health Department first approves the proposed septic tank installation as meeting the requirements of the DHR Manual and (F), (G), and (H) above.
(J)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), in amounts of 10,000 pounds on any one day or more, shall perform their operations on impervious surfaces in conformance with any applicable federal spill prevention requirements or the requirements of the Standard Fire Prevention Code.

Unified Development Code of Forsyth County - 21 - 5 -

(K)The Department of Natural Resources shall require conservative design in any new permits for the spray irrigation of waste waters or the land spreading of waste water sludge in areas having high pollution susceptibility. This shall be accomplished by comparing the Department's CRITERIA FOR SLOW RATE LAND TREATMENT (February, 1986 or latest edition) with amendments and other technical publications to site specific information submitted by a registered professional engineer for each project.
(L)Permanent storm water infiltration basins shall not be constructed in areas having high pollution susceptibility.
(M)Exclusive of mining settling basins, new waste water treatment basins shall have an impermeable liner in areas having high pollution susceptibility.
§ 21-3.2

Exemptions.

Any lot of record on or before February 14, 2000 is exempt from the lot requirements of Section 21-3.1 (F) and (G) above.

Unified Development Code of Forsyth County - 21 - 6 -ARTICLE IV, THE ETOWAH RIVER CORRIDOR PROTECTION DISTRICT: