Forsyth County › Unified Development Code
Chapter 21 — Overlay Districts, Article 4 — THE ETOWAH RIVER CORRIDOR PROTECTION DISTRICT
§ 21-4.1
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 the Etowah River Corridor Protection District Overlay, subject to the following conditions and standards:
(A)Standards and requirements established in the Metropolitan River Protection Act and the Erosion and Sedimentation Act are not superseded by the Etowah River Corridor Protection District standards.
(B)Protection criteria:
(1)The Etowah River Corridor Protection District shall provide for the maintenance of a natural vegetative buffer except as otherwise provided herein.
(2)The Etowah River Corridor Protection District shall not prohibit the building of single family dwellings, including the usual appurtenances, within the buffer area, subject to the following conditions
(a)The dwelling shall be in compliance with all Forsyth County zoning regulations.
(b)The dwelling shall be located on a tract of land containing at least two acres. For the purpose of these standards, the size of the tract of land shall not include any area that lies within the protected river (that is, for tracts of land that include portions of a protected river, the area between the river banks cannot be counted towards the two acre minimum size).
(c)There shall be only one such dwelling on each two-acre or larger tract of land.
(d)A septic tank or tanks serving such a dwelling may be located within the buffer area.
(e)Septic tank drainfields shall not be located within the buffer area.
(C)Within the Etowah River Corridor Protection District, industrial and commercial land uses existing prior to the promulgation of the Etowah River Corridor Protection District are exempt from these criteria provided that:
(1)Industrial and commercial uses of river corridors shall not impair the drinking quality of the river;
and
(2)Industrial and commercial activity within the river corridor shall meet all state and federal environmental rules and regulations.
(D)Except as expressly provided for under section (20A-4.1) (b) of these criteria (dealing with single family dwellings within the Etowah River Corridor Protection District), septic tanks and septic tank drainfields are prohibited within river corridors.
(E)The Etowah River Protection District shall provide for the construction of road crossings and utility crossings of river corridors, provided that construction of such road and utility crossings shall meet all requirements of the Erosion and Sedimentation Control Act of 1975, and the Forsyth County Soil Erosion and Sedimentation Control Ordinance (Ordinance No. 73) and any other applicable local ordinances on soil erosion and sedimentation control.
(F)The Etowah River Protection District shall provide the following acceptable uses of river corridors, provided that such uses do not impair the long-term functions of the protected river or the river corridor and are consistent with applicable Federal, Georgia and Forsyth County regulations:
(1)Timber production and harvesting, subject to the following conditions:
(a)Forestry activity shall be consistent with best management practices established by the Georgia Forestry Commission, and
(b)Forestry activity shall not impair the drinking quality of the river water as defined by the federal Clean Water Act, as amended.
(2)Wildlife and fisheries management activities consistent with the purposes of O.C.G.A. 12-2.8.
(3)Wastewater treatment.
(4)Recreational usage consistent either with the maintenance of a natural vegetative buffer or with river-dependent recreation. For example, a boat ramp would be consistent with this criterion but a hard surface tennis court would not. Parking lots are not consistent with this criterion. Paths and walkways within the river corridor are consistent with this criterion.
(5)Natural water quality treatment or purification.
(6)Agricultural production and management, subject to the following conditions:
(a)Agricultural activity shall be consistent with best management practices established by the Georgia Soil and Water Conservation Commission;
(b)Agricultural activity shall not impair the drinking quality of the river water as defined by the federal Clean Water Act, as amended; and Unified Development Code of Forsyth County - 21 - 7 -
(c)Agricultural activity shall be consistent with all state and federal laws, and all regulations promulgated by the Georgia Department of Agriculture.
(7)Other uses permitted by the Department of Natural Resources or under Section 404 of the Clean Water Act.
(G)Handling areas for the receiving and storage of hazardous waste are prohibited within river corridors.
(H)Hazardous waste or solid waste landfills are prohibited within river corridors.
(I)The natural vegetative buffer shall be restored as quickly as possible following any land-disturbing activity within the river corridor.
(J)Except as noted above, all construction within the buffer area shall be prohibited.
§ 21-4.2
Exemptions.
(A)Land uses existing prior to the promulgation of the Etowah River Corridor Protection District.
(B)Mining activities, if permitted by the Department of Natural Resources pursuant to the Georgia Surface Mining Act of 1968, as amended.
(C)Utilities, (except as discussed above in Section 21-4.1 (E)), if such utilities cannot feasibly be located outside the buffer area (feasibility shall be decided conservatively by the local government), provided that:
(1)The utilities shall be located as far from the river bank as reasonably possible;
(2)Installation and maintenance of the utilities shall be such as to protect the integrity of the buffer; and
(3)Utilities shall not impair the drinking quality of the river water.
(D)Specific forestry and agricultural activities except as discussed above in Sections 21-4.1 (F) 1 and 21-4.1 (F) 6.
Unified Development Code of Forsyth County - 21 - 8 -ARTICLE V, WETLAND PROTECTION DISTRICT: