Gwinnett County › Unified Development Ordinance

Title 3 — Development and Permitting, Chapter 400 — Soil Erosion, Sedimentation, and Pollution Control

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§ 400-10

Title and Purpose

The real potential exists for excessive quantities of soil to erode from areas that are undergoing land disturbance.

The resulting sediment could clog storm sewers and road ditches, add mud to streams and silt lakes, rivers, and reservoirs. Excessive sediment limits the use of water for most beneficial purposes. Sediment choked streams are unsightly and their reduced channel capacity can result in flooding and associated damages, including the threat to the public health and safety. Therefore, it is the purpose of this chapter is to effectively contain soil erosion and sedimentation on the parcels where land is being disturbed by requiring provisions for water disposal and the protection of soil surfaces prior to, during, and after the land disturbance in order to promote the safety, public health, convenience, and general welfare of the citizens of Gwinnett County.

400-10.1 In the interpretation and application of Chapter 400 of this UDO, all provisions shall be:

1.Considered as minimum requirements.

2.Liberally construed in favor of Gwinnett County.

3.Deemed neither to limit nor repeal any other powers granted under state statutes.

§ 400-20

Exemptions

This Chapter shall apply to any land-disturbing activity undertaken by any person on any land except for the following:

400-20.1 Surface mining, as the same is defined in O.C.G.A. § 12-4-72, The Georgia Surface Mining Act of

1968.

400-20.2 Granite quarrying and land clearing for such quarrying.

400-20.3 Such minor land-disturbing activities as home gardens and individual home landscaping, repairs,

maintenance work, fences, and other related activities which result in minor soil erosion.

400-20.4 The construction of single-family residences, when such construction disturbs less than one acre

and is not a part of a larger common plan of development or sale with a planned disturbance of equal to or greater than one acre and not otherwise exempted under this paragraph; provided, however, that construction of any such residence shall conform to the minimum requirements set forth in Sections 400-30.1, 400-30.2, and 400-30.3 of this UDO, O.C.G.A. § 12-7-6, and this paragraph. For single-family residence construction covered by the provisions of this paragraph, there shall be a buffer zone between the residence and any state waters classified as trout streams pursuant to O.C.G.A. § 12-5-20 et seq. In any such buffer zone, no land disturbing activity shall be constructed between the residence and the point where vegetation has been wrested by normal stream flow or wave action from the banks of the trout waters. For primary trout waters, the buffer zone shall be at least 50 horizontal feet, and no variance to a smaller buffer shall be granted. For secondary trout waters, the buffer zone shall be at least 50 horizontal feet, but the Director of the Environmental Protection Division may grant variances to no less than 25 feet. Regardless of whether a trout stream is primary or secondary, for first order trout waters, which are streams into which no other streams flow except for springs, the buffer shall be at least 25 horizontal feet, and no variance to a smaller buffer shall be granted. The general provision and minimum requirements of 400-30.1 and the minimum requirements of Sections 400-30.2 and 400-30.3 of this UDO, O.C.G.A. § 12-7-6(b) and the buffer zones provided by this section shall be enforced by the Department.

400-20.5 Agricultural operations as defined in O.C.G.A. § 1-3-3 to include raising, harvesting, or storing of

crops; feeding, breeding, or managing livestock or poultry; producing or storing feed for use in the production of livestock, including, but not limited to, cattle, calves, swine, hogs, goats, sheep, and rabbits, or for use in the production of poultry, including, but not limited to, chickens, hens, ratites, and turkeys; producing plants, trees, fowl, or animals; or the production of aquacultural, horticultural, dairy, livestock, poultry, eggs, and apiarian products.

400-20.6 Forestry land management practices, including harvesting; provided, however, that when such

exempt forestry practices cause or result in land-disturbing or other activities otherwise prohibited in a buffer, as established in Subsections 400-30.3.O. and 400-30.3.P of this UDO, no other land disturbing activities, except for normal forest management practices, shall be allowed on the entire property upon which the forestry practices were conducted for a period of three years after completion of such forestry practices.

400-20.7 Any project carried out under the active technical supervision of the Natural Resources

Conservation Service of the United States Department of Agriculture. This excludes those land-disturbing activities undertaken by a person who has requested technical advice only rather than active participation from the Natural Resources Conservation Service;

400-20.8 Any project involving 5,000 square feet or less of disturbed area; provided, however, that this

exemption shall not apply to any of the following activities:

1.Any land-disturbing activity within a larger common plan of development or sale with a planned disturbance of equal to or greater than 1 acre or; Within 200 feet of the bank of any state waters, and for purposes of this paragraph, "state waters" excludes channels and drainage ways which have water in them only during and immediately after rainfall events and intermittent streams which do not have water in them year-round; provided, however, that any person responsible for a project which involves 5,000 square feet or less of disturbed area and which is within 200 feet of any such excluded channel or drainage way, must prevent sediment from moving beyond the boundaries of the property on which such project is located. The provisions of this paragraph shall not apply to those projects specifically exempted by Sections 400-20.1 through 400-20.7 and Sections 400-20.9 through 400-20.10 of this section.

400-20.9 Construction or maintenance projects, or both, undertaken or financed in whole or in part, or

both, by the Georgia Department of Transportation, the Georgia Highway Authority, the State Road and Tollway Authority, or the Gwinnett County Department of Transportation; provided, however, that construction or maintenance projects of the Georgia Department of Transportation or the State Road and Tollway Authority which disturb one or more contiguous acres of land shall be subject to the provisions of O.C.G.A. § 12-7-7.1; except where the Georgia Department of Transportation, the Georgia Highway Authority, or the State Road and Tollway Authority is a secondary permittee for a project located within a larger common plan of development or sale under the state general permit, in which case a copy of a notice of intent under the state general permit shall be submitted to the local issuing authority, the local issuing authority shall enforce compliance with the minimum requirements set forth in O.C.G.A. § 12-7-6 as if a permit had been issued, and violations shall be subject to the same penalties as violations by permit holders;

400-20.10 Any land-disturbing activities conducted by any electric membership corporation or municipal

electrical system or any public utility under the regulatory jurisdiction of the Public Service Commission, any utility under the regulatory jurisdiction of the Federal Energy Regulatory Commission, any cable television system as defined in O.C.G.A. § 36-18-1, or any agency or instrumentality of the United States engaged in the generation, transmission, or distribution of power; except where an electric membership corporation or municipal electrical system or any public utility under the regulatory jurisdiction of the Public Service Commission, any utility under the regulatory jurisdiction of the Federal Energy Regulatory Commission, any cable television system as defined in O.C.G.A. § 36-18-1, or any agency or instrumentality of the United States engaged in the generation, transmission, or distribution of power is a secondary permittee for a project located within a larger common plan of development or sale under the state general permit, in which case the local issuing authority shall enforce compliance with the minimum requirements set forth in O.C.G.A. § 12-7-6 as if a permit had been issued, and violations shall be subject to the same penalties as violations by permit holders; and,

400-20.11 Any public water system reservoir.

§ 400-30

Requirements for Erosion and Sedimentation Control Using Best

Management Practices.

400-30.1 General Provisions.

Excessive soil erosion and resulting sedimentation can take place during land disturbing activities. Therefore, plans for those land-disturbing activities that are not exempted by this Chapter shall contain provisions for the application of soil erosion, sedimentation and pollution control measures and practices. These provisions shall be incorporated into the Erosion, Sedimentation, and Pollution Control Plans. Soil erosion, sedimentation and pollution control measures and practices shall conform to the requirements of Sections 400-30.2 and 400-30.3. The application of measures and practices shall apply to all features of the site, including street and utility installations, drainage facilities and other temporary and permanent improvements.

Measures shall be installed and continually maintained to prevent or control erosion, sedimentation and pollution during all stages of any land-disturbing activity in accordance with the requirements of this UDO and the NPDES general permit.

400-30.2 Minimum Requirements/Best Management Practices (BMP's).

A.Best Management Practices as set forth in Sections 400-30.2 and 400-30.3 shall be required for all land disturbing activities. Proper design, installation, and maintenance of Best Management Practices shall constitute a complete defense to any action by the Director of the Environmental Protection Division or to any other allegation of noncompliance with Subsection B of this Section or any substantially similar terms contained in a permit for the discharge of stormwater issued pursuant to O.C.G.A. § 12-5-30(f), the Georgia Water Quality Control Act. As used in this section, the terms "proper design" and "properly designed" mean designed in accordance with the hydraulic design specifications contained in the "Manual for Erosion and Sediment Control in Georgia" specified in O.C.G.A. § 12-7-6(b).

B.A discharge of stormwater runoff from disturbed areas where Best Management Practices have not been properly designed, installed, and maintained shall constitute a separate violation of any land disturbance permit issued by Gwinnett County or of any state general permit issued by the Environmental Protection Division of the Georgia Department of Natural Resources pursuant to O.C.G.A. § 12-5-30(f), the Georgia Water Quality Control Act, for each day on which such discharge results in the turbidity of receiving waters being increased by more than 25 nephelometric turbidity units (NTU's) for waters supporting warm water fisheries or by more than ten nephelometric turbidity units (NTU's) for waters classified as trout waters. The turbidity of the receiving waters shall be measured in accordance with guidelines issued by the Director of the Environmental Protection Division of the Georgia Department of Natural Resources. This paragraph shall not apply to any land disturbance associated with the construction of single-family homes which are not part of a larger common plan of development or sale unless the planned disturbance for such construction is equal to or greater than 5 acres.

C.Failure to properly design, install, maintain, or remove Best Management Practices shall constitute a violation of any land disturbance permit issued by Gwinnett County or of any state general permit issued by the Environmental Protection Division of the Georgia Department of Natural Resources pursuant to O.C.G.A. § 12-5-30(f) for each day on which such failure occurs.

D.The Director of the Environmental Protection Division of the Georgia Department of Natural Resources may require, in accordance with regulations adopted by the Georgia Board of Natural Resources, reasonable and prudent monitoring of the turbidity level of receiving waters into which discharges from land-disturbing activities occur.

400-30.3 Additional Minimum Requirements.

The rules and regulations, ordinances or resolutions adopted pursuant to O.C.G.A. § 12-7-1 et seq. for the purpose of governing land-disturbing activities shall require, as a minimum, protections at least as stringent as the state general permit; and Best Management Practices, including sound conservation and engineering practices to prevent and minimize erosion and resultant sedimentation which are consistent with, and no less stringent than the state general permit, and those practices contained in the Manual for Erosion and Sediment Control in Georgia published by the Georgia Soil and Water Conservation Commission as of January 1 of the year in which the land-disturbing activity was permitted, shall be observed by all land disturbers and plan preparers, as well as the following:

A.Stripping of vegetation, regrading, and other development activities shall be conducted in a manner so as to minimize erosion.

B.Cut-fill operations must be kept to a minimum.

C.Development plans must conform to topography and soil type so as to create the lowest practical erosion potential.

D.Whenever feasible, natural vegetation shall be retained, protected, and supplemented.

E.The disturbed areas and the duration of exposure to erosive elements shall be kept to a practicable minimum.

F.Disturbed soil shall be stabilized as quickly as practicable.

G.Temporary vegetation or mulching shall be employed to protect exposed critical areas during development. The disturbed area shall be stabilized with temporary vegetation or mulch if land-disturbing activity temporarily ceases for more than 14 calendar days.

H.Permanent vegetation and structural erosion control measures shall be installed as soon as practicable.

The disturbed area shall be stabilized with permanent vegetation if land-disturbing activity ceases for more than 30 calendar days.

I.To the extent necessary, sediment in run-off water must be trapped by the use of debris basins, sediment basins, silt traps, or similar measures until the disturbed area is stabilized. As used in this paragraph, a disturbed area is stabilized when it is brought to a condition of continuous compliance with the requirements of this Chapter and O.C.G.A. § 12-7-1 et seq.

J.Adequate provisions must be provided to minimize damage from surface water to the cut face of excavations or the sloping surface of fills.

K.Cuts and fills may not endanger adjoining property.

L.Fills may not encroach upon natural watercourses or constructed channels in a manner so as to adversely affect other property owners.

M.Grading equipment must cross flowing streams by means of bridges or culverts except when such methods are not feasible, provided, in any case, that such crossings shall be kept to a minimum.

N.Land-disturbing activity plans for erosion, sedimentation and pollution control shall include provisions for treatment or control of any source of sediments and adequate sedimentation control facilities to retain sediments on-site or preclude sedimentation of adjacent waters beyond the levels specified in Section 400-30.2b.

O.Except as provided in Subsection P of this section, there is established a 25-foot buffer along the banks of all state waters, as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action, except where the Director of the Environmental Protection Division determines to allow a variance that is at least as protective of natural resources and the environment, where otherwise allowed by the Director of the Environmental Protection Division pursuant to O.C.G.A. § 12-2-8, or where a drainage structure or a roadway drainage structure must be constructed, provided that adequate erosion control measures are incorporated in the project plans and specifications, and are implemented; or along any ephemeral stream. As used in this paragraph, the term "ephemeral stream" means a stream: that under normal circumstances has water flowing only during and for a short duration after precipitation events; that has the channel located above the ground-water table year-round; for which ground water is not a source of water; and for which runoff from precipitation is the primary source of water flow. Unless exempted as along an ephemeral stream, the buffers of at least 25 feet established pursuant to O.C.G.A. § 12-5-440 shall remain in force unless a variance is granted by the Director of the Environmental Protection Division as provided in this paragraph. The following requirements shall apply to any such buffer:

1.No land-disturbing activities shall be conducted within a buffer, and it shall remain in its natural, undisturbed state of vegetation until all land-disturbing activities on the construction site are completed.

2.Once the final stabilization of the construction site is achieved, a buffer may be thinned or trimmed of vegetation as long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed.

3.Exception: Any person constructing a single-family residence, when such residence is constructed by or under contract with the owner for his or her own occupancy, may thin or trim vegetation in a buffer at any time as long as protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed.

4.The buffer shall not apply to the following land-disturbing activities, provided that they occur at an angle, as measured from the point of crossing, within 25 degrees of perpendicular to the stream; cause a width of disturbance of not more than 50 feet within the buffer; and adequate erosion control measures are incorporated into the project plans and specifications and are implemented:

a.Stream crossings for water lines; or,

b.Stream crossings for sewer lines; and,

c.Prior to action by the Director of the Environmental Protection Division, buffer variance requests along state waters with drainage areas greater than 20 acres shall be reviewed for approval or denial by the director using the same buffer variance criteria as adopted by the Board of the Georgia Department of Natural Resources.

P.There is established a 50-foot buffer as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action, along the banks of any state waters classified as "trout streams" pursuant to O.C.G.A. § 12-5-20 et seq, except where a roadway drainage structure must be constructed; provided, however, that small springs and streams classified as trout streams which discharge an average annual flow of 25 gallons per minute or less shall have a 25-foot buffer or they may be piped, at the discretion of the landowner, pursuant to the terms of a rule providing for a general variance promulgated by the Board of Natural Resources providing for notice to the Environmental Protection Division or the County of the location and extent of the piping and prescribed methodology for minimizing the impact of such piping and for measuring the volume of water discharged by the stream. Any such pipe must stop short of the downstream landowner's property, and the landowner must comply with the buffer requirement for any adjacent trout streams.

The Director of the Environmental Protection Division may grant a variance from such buffer to allow land-disturbing activity, provided that adequate erosion control measures are incorporated in the project plans and specifications and are implemented. The following requirements shall apply to any such buffer:

1.No land-disturbing activities shall be conducted within a buffer and it shall remain in its natural, undisturbed state of vegetation until all land-disturbing activities on the construction site are completed.

a.Stream crossings for water lines; or,

b.Stream crossings for sewer lines.

§ 400-40

Proof or Presumption of Violation by Injury

The fact that land-disturbing activity for which a land disturbance permit has been issued results in injury to the property of another shall neither constitute proof of, nor create a presumption of, a violation of the standards provided for in this UDO or the terms of a land disturbance permit.

§ 400-50

Permit Application and Plan Requirements

400-50.1 General.

The property owner, developer and designated planners and engineers shall review the general development plans and detailed plans of Gwinnett County that affect the tract to be disturbed and the area surrounding it. They shall review the UDO and any other ordinances, regulations, or permits that regulate the development of land within the unincorporated areas of Gwinnett County. However, the operator is the only party who may obtain a land disturbance permit.

400-50.2 Application Requirements.

A.Land Disturbance Permit Required. Land-disturbing activities within the jurisdictional boundaries of Gwinnett County shall not be conducted by any person without first obtaining a land disturbance permit from the Gwinnett County Department of Planning and Development to perform such activity and providing a copy of the NOI submitted to the Environmental Protection Division if applicable. If land is to be disturbed or developed in phases, then a separate land disturbance permit shall be required for each phase.

B.Application Submittal. The application for a permit shall be submitted to the Gwinnett County Department of Planning and Development and shall include the applicant's Erosion, Sedimentation, and Pollution Control Plan accompanied by supporting data as necessary. Plans shall include, as a minimum, the data specified in Section 400-30.2 and 400-30.3. Erosion, Sedimentation, and Pollution Control Plans, together with supporting data, shall demonstrate affirmatively that the land-disturbing activity proposed will be carried out in such a manner that the provisions of Sections 400-30.2 and 400.30.3 will be met. Applications for a permit will not be accepted unless accompanied by a full set of the applicant's Erosion, Sedimentation, and Pollution Control Plans. All applications shall contain a certification stating that the plan preparer, or the designee thereof, visited the site prior to creation of the plan in accordance with the Environmental Protection Division Rule 391-3-7.10.

C.Fees. A land disturbance permit fee, in an amount as established by the Board of Commissioners, shall be charged for each acre or fraction thereof in the project area. In addition to the land disturbance permit fee, fees shall be assessed pursuant to O.C.G.A. § 12-5-23(a) (5), provided that such fees shall not exceed $80.00 per acres of land-disturbing activity, and these fees shall be calculated and paid by the primary permittee as defined in the state general permit for each acre of land-disturbing activity included in the planned development or each phase of development. All applicable fees shall be paid prior to issuance of the land disturbance permit. In a jurisdiction that is certified pursuant O.C.G.A. § 2-7-8(a), half of such fees levied shall be submitted to the Georgia Environmental Protection Division;

except that any and all fees due from an entity that is required to give notice pursuant to O.C.G.A. § 12-7-17(9) and (10) shall be submitted in full to the Georgia Environmental Protection Division regardless of the existence of a Local Issuing Authority in the jurisdiction. The local issuing authority with plan review authority shall approve or disapprove a revised plan within 35 days of receipt.

D.Review by County Departments. After having received a complete land disturbance permit application, having been reviewed same by the Department of Planning and Development, and finding it to be in compliance with all titles of this UDO, the requirements of Chapter 400 and any variances required by Subsections 400-30.3.O. and 400-30.3.P. are obtained, the Department of Planning and Development shall issue the land disturbance permit.

E.Permit Suspension, Revocation, or Modification. The land disturbance permit may be suspended, revoked, or modified by the Department of Planning and Development, as to all or any portion of the land affected by the plan, upon finding that the holder or the holder's successor in the title is not in compliance with the approved Erosion, Sedimentation, and Pollution Control Plan or that the holder or the holder's successor in title is in violation of this Chapter. A holder of a land disturbance permit shall notify any successor in title to the holder as to all or any portion of the land affected by the approved plan of the conditions contained in the permit. If a permit applicant has had two or more violations of previous permits of this Chapter, of this ordinance section or of the Erosion and Sedimentation Act, as amended, within three years prior to the date of filing the application under consideration, the local issuing authority may deny the permit application.

400-50.3 Plan Requirements.

A.Plans shall be prepared as outlined in Chapter 330 of this UDO.

§ 400-60

Inspections

400-60.1 The Department will periodically inspect the sites of land-disturbing activities for which land

disturbance permits have been issued to determine if the activities are being conducted in accordance with the plan and if the measures and practices required in the plan are effective in controlling erosion and sedimentation.

Also regulated by Gwinnett County are primary, secondary, and tertiary permittees as such terms are defined in the state general permit. Primary permittees shall be responsible for installation and maintenance of best management practices where the primary permittee is conducting land-disturbing activities. Secondary permittees shall be responsible for installation and maintenance of best management practices where the secondary permittee is conducting land-disturbing activities. Tertiary permittees shall be responsible for installation and maintenance where the tertiary permittee is conducting land-disturbing activities.

400-60.2 The Director shall have the power to conduct such investigations as reasonably deemed necessary

to carry out the duties as prescribed in this ordinance, and for this purpose to enter at reasonable times upon any property, public or private, for the purpose of investigation and inspecting the sites of land-disturbing activities.

400-60.3 Entry or access shall not be refused by any person to any authorized representative or agent of the

Department who requests entry for the purpose of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out his official duties.

§ 400-70

Violations, Enforcement, and Penalties

Any action or inaction that violates the provisions of this Chapter 400 shall be subject to the enforcement actions and penalties identified in Chapter 120 of this UDO.

§ 400-80

Education and Certification Required

400-80.1 Persons involved in land development design, review, permitting, construction, monitoring, or

inspection or any land-disturbing activity shall meet the education and training certification requirements, dependent on their level of involvement with the process, as developed by the Georgia Soil and Water Conservation Commission in consultation with the Environmental Protection Division of the Department of Natural Resources and the stakeholder advisory board created pursuant to O.C.G.A. § 12-7-20.

400-80.2 For each site on which land-disturbing activity occurs, each entity or person acting as either a

primary, secondary, or tertiary permittee, as defined in the state general permit, shall have as a minimum one person who is in responsible charge of erosion and sedimentation control activities on behalf of said entity or person and meets the applicable education or training certification requirements developed by the Georgia Soil and Water Conservation Commission present on site whenever land-disturbing activities are conducted on that site. A project site shall herein be defined as any land disturbance site or multiple sites within a larger common plan of development or sale permitted by an owner or operator for compliance with the state general permit.

400-80.3 Persons or entities involved in projects not requiring a state general permit but otherwise requiring

certified personnel on site may contract with certified persons to meet the requirements of this ordinance.

400-80.4 If a state general permittee who has operational control of land-disturbing activities for a site has

met the certification requirements of O.C.G.A. § 12-7-19(b)(1), then any person or entity involved in land-disturbing activity at that site and operating in a subcontractor capacity for such permittee shall meet those educational requirements specified in O.C.G.A. § 12-7-19(b)(4) and shall not be required to meet any educational requirements that exceed those specified in said paragraph.

§ 400-90

Variance and Appeal

400-90.1 Variance and Appeal.

A.A variance from the requirements of this chapter or of the decision or interpretation of the Director shall be submitted by the property owner on an application form as prescribed by the Department, along with such fees as may be established from time-to-time by the Board of Commissioners.

B.The suspension, revocation, or modification with condition of a permit by the Department of Planning and Development upon finding that the holder is not in compliance with the approved erosion and sediment control plan; or that the holder is in violation of permit conditions; or that the holder is in violation of this chapter of the UDO; shall entitle the person submitting the plan or holding the permit to a hearing before the Board of Construction Adjustments and Appeals to be scheduled in their normal course of business after receipt by the Department of Planning and Development of written notice of appeal.

C.The property owner shall state clearly why the requirements of this chapter cannot be met or why the interpretation or decision of the Director is in error.

D.The Director shall transmit a copy of the appeal application to all affected County departments, including the Soil and Water Conservation District, soliciting their respective recommendations and coordinate the recommendations of each respondent. The other responses together with the Director's recommendation shall be forwarded to the Board of Construction Adjustments and Appeals, with the exception of appeals from buffer variance request decisions, for final action in their normal course of business.

E.Buffer variance appeals shall be decided upon by the Soil and Water Conservation District in their normal course of business whose decision shall be final. An appeal in conflict with the provisions of the Georgia Erosion and Sedimentation Act, O.C.G.A. § 12-7-1 et seq., shall not be considered or approved by the Board of Construction Adjustments and Appeals.

F.After final action by the Board of Construction Adjustments and Appeals, the Director shall transmit a copy of said action to the Soil and Water Conservation District of Gwinnett County and to the property owner.

G.Any person aggrieved by a decision or order of Gwinnett County, after exhausting his or her administrative appeals, shall have the right to appeal de novo to the Superior Court of Gwinnett County.