Chapter 109 — Natural Resources and Environmental Protection

Sec. 109-20. Definitions.

For the purpose of this article, the following definitions apply.

Accessory structure or facility means a structure which is on the same parcel of property as the principal structure and the use of which is incidental to the use of the primary structure.

Addition means any walled and roofed expansion to the perimeter or height of a building.

Adjacent means areas located within the defined horizontal distance from the future-conditions floodplain boundary that are at or lower in elevation than either three feet above the base flood elevation or one foot above the future-conditions flood elevation, whichever is higher, unless the area is hydraulically independent (meaning absolutely no connection to the flooding source such as through pipes, sewer laterals, down drains, foundation drains, ground seepage, overland flow, gated or valved pipes, excavated and backfilled trenches, etc. with no fill or other manmade barriers creating the separation).

Appeal means a request for a review of the director's interpretation of any provision of this article.

Area of future-conditions flood hazard means the land area that would be inundated by the one-percent-annual-chance flood based on future-conditions hydrology (100-year future-conditions flood).

Area of shallow flooding means a designated AO or AH zone on a community's flood insurance rate map (FIRM) with a one percent or greater chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Area of special flood hazard means the land area subject to a one percent or greater chance of flooding in any given year. This includes all floodplain and floodprone areas at or below the base flood elevation designated as Zones A, A1-30, A-99, AE, AO, AH, and AR on a community's flood insurance rate map (FIRM).

Base flood means the flood having a one percent chance of being equaled or exceeded in any given year [i.e., the 100-year flood].

Base flood elevation means the highest water surface elevation anticipated at any given location during the base flood.

Basement means any area of a building having its floor subgrade below ground level on all sides.

Building has the same meaning as structure.

Critical facility means any public or private facility, which, if flooded, would create an added dimension to the disaster or would increase the hazard to life and health. Critical facilities include:

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

Director means director of City of Johns Creek community development department.

Elevated building means a non-basement building which has its lowest elevated floor raised above the ground level by foundation walls, shear walls, posts, piers, pilings, or columns.

Existing construction means any structure for which the start of construction commenced before December 19, 2006.

Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before December 19, 2006.

Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed, including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads.

FEMA means the Federal Emergency Management Agency.

Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from:

Flood insurance rate map or FIRM means an official map of a community, issued by the FEMA, delineating the areas of special flood hazard and/or risk premium zones applicable to the community.

Flood insurance study or FIS means the official report by FEMA providing an examination, evaluation and determination of flood hazards and corresponding flood profiles and water surface elevations of the base flood.

Floodplain or flood-prone area means any land area susceptible to flooding.

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

Floodway or regulatory floodway means the channel of a stream, river, or other watercourse and the adjacent areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

Freeboard means a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.

Functionally dependent use means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

Future-conditions flood means the flood having a one percent chance of being equaled or exceeded in any given year based on future-conditions hydrology. Also known as the 100-year future-conditions flood.

Future-conditions flood elevation means the highest water surface elevation anticipated at any given location during the future-conditions flood.

Future-conditions floodplain means any land area susceptible to flooding by the future-conditions flood.

Future-conditions hydrology means the flood discharges associated with projected land-use conditions based on a community's zoning maps, comprehensive land-use plans, and/or watershed study projections, and without consideration of projected future construction of stormwater management (flood detention) structures or projected future hydraulic modifications within a stream or other waterway, such as bridge and culvert construction, fill, and excavation.

Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Lowest floor means the lowest floor of the lowest enclosed area, including basement. An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of other provisions of this article.

Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed to be used with or without a permanent foundation when attached to the required utilities. The term includes any structure commonly referred to as a mobile home regardless of the date of manufacture. The term also includes parked trailers, travel trailers and similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property. The term does not include a recreational vehicle.

Mean sea level means the datum to which base flood elevations shown on a community's flood insurance rate map (FIRM) are referenced. For purposes of this article the term is synonymous with National Geodetic Vertical Datum (NGVD) of 1929 or the North American Vertical Datum (NAVD) of 1988.

New construction means any structure (see definition) for which the start of construction commenced on or after January 1, 1975 and includes any subsequent improvements to such structures.

New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after December 19, 2006.

Owner means the legal or beneficial owner of a site, including but not limited to, a mortgagee or vendee in possession, receiver, executor, trustee, lessee or other person, firm or corporation in control of the site.

Permit means the permit issued by the city to the applicant which is required for undertaking any development activity.

Repetitive loss means flood related damage sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25 percent of the market value of the structure before the damage occurred.

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

Start of construction includes substantial improvement, and means the date the permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of the structure on a site such as the pouring of slabs or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include initial land preparation, such as clearing, grading and filling;

nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Structure means a walled and roofed building (including a gas of liquid storage tank), that is principally above ground, or a manufactured home.

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

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. This term also includes repetitive loss.

Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement to a structure, taking place during a ten-year period, in which the cumulative cost equals or exceeds 50 percent of the market value of the structure prior to the improvement. The market value of the building means (1) the appraised value of the structure prior to the start of the initial repair or improvement, or (2) in the case of damage, the value of the structure prior to the damage occurring. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include those improvements of a structure required to comply with existing state or local health, sanitary, or safety code specifications which are the minimum necessary to assure safe living conditions, which have been identified by the code enforcement official. The term does also not include any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.

Substantially improved existing manufactured home park or subdivision means the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced.

Variance means a grant of relief from the requirements of this article.

Violation means the failure of a structure or other development to be fully compliant with the requirements of this article. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this article is presumed to be in violation until such time as that documentation is provided. (Ord. No. 2015-03-07, Exh. A, 3-16-2015)

Sec. 109-21. Permit procedures and requirements.

Unless specifically excluded by this article, any landowner or developer desiring a permit for a development activity shall submit to the city a permit application on a form provided by the city for that purpose.

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

When floodproofing is utilized for nonresidential structures, said certification shall be prepared by or under the direct supervision of a professional engineer and certified by same using the FEMA floodproofing certificate. This certificate shall also include the design and operation/ maintenance plan to assure continued viability floodproofing measures.

Any work undertaken prior to approval of these certifications shall be at the permit holder's risk. The director shall review the above referenced certification data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further work being allowed to proceed. Failure to submit certification or failure to make the corrections required hereby shall be cause to issue a stop work order for the project.

Sec. 109-22. Standards for development.

Sec. 109-23. Provisions for flood damage reduction.

In all areas of special flood hazard and areas of future-conditions flood hazard the following provisions apply:

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 subsection 109-23(a)(5)a.

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 subsection 109-23(a)(5)a.

New construction that has met all of the requirements of subsections 109-22(c) through (e) may be floodproofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be watertight to one 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 licensed 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 director using the FEMA floodproofing certificate along with the design and operation/maintenance plan.

Substantial improvement of any principal non-residential structure located in A1-30, AE, or AH zones, may be authorized by the director to be elevated or floodproofed.

Substantial improvements shall have the lowest floor, including basement, elevated no lower than one 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 subsection 109-23(a)(5)a. Substantial improvements may be floodproofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be watertight to one 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 licensed 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 director using the FEMA floodproofing certificate along with the design and operation/maintenance plan.

subsection 109-23(b)(1), including the anchoring and elevation requirements.

Non-residential buildings may be floodproofed in lieu of elevation.

If data are not available from these sources, the director may require a hydrologic assessment performed by a registered professional engineer to determine the base flood elevation and future-conditions flood elevation. Development for this situation shall comply with subsections 109-23 (a) through (c).

The applicant's or owner's engineer shall certify to the director the lowest floor elevation level complies and the record shall become a permanent part of the permit file;

Sec. 109-24. Variance procedures.

The following variance and appeals procedure shall apply to an applicant who has been denied a permit for a development activity, or to an owner or developer who has not applied for a permit because it is clear that the proposed development activity would be inconsistent with the provisions of this article.

Sec. 109-25. Violations, enforcement, and penalties.

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

Secs. 109-26—109-53. Reserved.

regulation of non-stormwater discharges to the City of Johns Creek separate storm sewer system to the maximum extent practicable as required by federal law. This chapter establishes methods for controlling the introduction of pollutants into the City of Johns Creek separate storm sewer system in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this article are to:

ARTICLE III. ILLICIT DISCHARGES AND ILLEGAL CONNECTIONS TO STORM SEWERS

Sec. 109-54. General provisions.

Sec. 109-55. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accidental discharge means a discharge prohibited by this article which occurs by chance and without planning or thought prior to occurrence.

City of Johns Creek separate storm sewer system means any facility designed or used for collecting and/or conveying stormwater, including but not limited to any roads with drainage systems, highways, city streets, curbs, gutters, inlets, catch basins, piped storm drains, pumping facilities, structural stormwater controls, ditches, swales, natural and man-made or altered drainage channels, reservoirs and other drainage structures, and which is:

Clean Water Act means the Federal Water Pollution Control Act (33 USC 1251 et seq.), and any subsequent amendments thereto.

Construction activity means activities subject to the Georgia Erosion and Sedimentation Control Act or NPDES General Construction Permits. These include construction projects resulting in land disturbance. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.

Director means director of city community development department.

Illicit discharge means any direct or indirect non-stormwater discharge to the (municipal/ county) separate storm sewer system, except as exempted in section 109-56.

Industrial activity means activities subject to NPDES Industrial Permits as defined in 40 CFR 122.26(b)(14).

National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit means a permit issued by the Georgia EPD under authority delegated pursuant to 33 USC 1342(b) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group or general area-wide basis.

Non-stormwater discharge means any discharge to the storm drain system that is not composed entirely of stormwater.

Person means, except to the extent exempted from this article, any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, city, county or other political subdivision of the state, any interstate body or any other legal entity.

Pollutant means anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; petroleum hydrocarbons; automotive fluids; cooking grease; detergents (biodegrad-able or otherwise); degreasers; cleaning chemicals; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; liquid and solid wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; concrete and cement; and noxious or offensive matter of any kind.

Pollution means the contamination or other alteration of any water's physical, chemical or biological properties by the addition of any constituent and includes but is not limited to, a change in temperature, taste, color, turbidity or odor of such waters, or the discharge of any liquid, gaseous, solid, radioactive or other substance into any such waters as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety, welfare, or environment, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life.

Premises means any building, lot, parcel of land or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.

State waters means any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells and other bodies of surface and subsurface water, natural or artificial, lying within or forming a part of the boundaries of the State of Georgia which are not entirely confined and retained completely upon the property of a single person.

Stormwater runoff or stormwater means any surface flow, runoff and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.

Structural stormwater control means a structural stormwater management facility or device that controls stormwater runoff and changes the characteristics of that runoff including, but not limited to, the quantity and quality, the period of release or the velocity of flow. (Ord. No. O2006-12-27, ch. 14, art. 4, § 2, 12-19-2006)

Sec. 109-56. Prohibitions.

Sec. 109-57. Industrial or construction activity discharges.

Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the city community development department prior to allowing discharges to the municipal separate storm sewer system. (Ord. No. O2006-12-27, ch. 14, art. 4, § 4, 12-19-2006)

Sec. 109-58. Access and inspection of properties and facilities.

The city community development department shall be permitted to enter and inspect properties and facilities at reasonable times as often as may be necessary to determine compliance with this article.

Sec. 109-59. Notification of accidental discharges and spills.

Sec. 109-60. Violations, enforcement and penalties.

Secs. 109-61—109-78. Reserved.

ARTICLE IV. POST-CONSTRUCTION STORMWATER MANAGEMENT FOR NEW DEVELOPMENT AND REDEVELOPMENT*

Sec. 109-79. General provisions.

*Editor’s note—Ord. No. 2020-11-30, adopted Nov. 2, 2020, repealed the former art. IV, §§ 109-79—109-85, and enacted a new art. IV as set out herein. The former art. IV

pertained to postdevelopment stormwater management for new development and redevelopment and derived from Ord. No. O2006-12-27, ch. 14, art. 5, §§ 1—7, adopted Dec. 19, 2006; Ord. No. 2020-02-03, adopted Feb. 10, 2020.

Sec. 109-80. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section. Other terms used but not defined in this Article shall be interpreted based on how such terms are defined and used in the GSMM and the city's MS4 permit.

Administrator means the person appointed to administer and implement this article on post-construction stormwater management for new development and redevelopment in accordance with subsection 109-79(d).

Applicant means a person submitting a land development application and plan for approval.

BMP or best management practice means both structural devices to store or treat stormwater runoff and non-structural programs or practices which are designed to prevent or reduce the pollution of the waters of the state.

BMP landscaping plan means a design for vegetation and landscaping that is critical to the performance and function of the BMP including how the BMP will be stabilized and established with vegetation. It shall include a layout of plants and plant names (local and scientific).

Channel means a natural or artificial watercourse with a definite bed and banks that conveys continuously or periodically flowing water.

Conservation easement means an agreement between a land owner and the city or other government agency or land trust that permanently protects open space or greenspace on the owner's land by limiting the amount and type of development that can take place, but continues to leave the remainder of the fee interest in private ownership.

Detention means the temporary storage of stormwater runoff in a stormwater detention facility for the purpose of controlling the peak discharge.

Detention facility means a structure designed for the storage and gradual release of stormwater runoff at controlled rates.

Developer means a person who undertakes land development activities.

Development means new development or redevelopment.

Director means director of the city community development department.

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

Erosion and sedimentation control plan means a plan that is designed to minimize the accelerated erosion and sediment runoff at a site during land disturbance activities.

Extended detention means the storage of stormwater runoff for an extended period of time.

Extreme flood protection means measures taken to prevent adverse impacts from large low-frequency storm events with a return frequency of 100 years or more.

Flooding means a volume of surface water that exceeds the banks or walls of a BMP or channel and that overflows onto adjacent lands.

Greenspace or open space means permanently protected areas of the site that are preserved in a natural state.

GSMM means the latest edition of the Georgia Stormwater Management Manual, Volume 2: Technical Handbook, and its Appendices.

Hotspot means a land use or activity on a site that has the potential to produce higher than normally found levels of pollutants in stormwater runoff. As defined by the administrator, hotspot land use may include gasoline stations, vehicle service and maintenance areas, industrial facilities (both permitted under the industrial stormwater general permit and others), material storage sites, garbage transfer facilities, and commercial parking lots with high-intensity use.

Hydrologic soil group (HSG) means a natural resource conservation service classification system in which soils are categorized into four runoff potential groups. The groups range from group A soils, with high permeability and little runoff produced, to group D soils, which have low permeability rates and produce much more runoff.

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

Industrial stormwater general permit means the National Pollutant Discharge Elimination System (NPDES) permit issued by Georgia Environmental Protection Division to an industry for stormwater discharges associated with industrial activity. The permit regulates pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies based on standard industrial classification (SIC) code.

Infiltration means the process of percolating stormwater runoff into the subsoil.

Inspection and maintenance agreement means a written agreement providing for the long-term inspection, operation and maintenance of stormwater management system and its components on a site or with respect to a land development project, which when properly recorded in the deed records constitutes a restriction on the title to a site or other land involved in a land development project.

Land development application means the application for a land development permit on a form provided by the city along with the supporting documentation required in subsection 109-81(d).

Land development permit means the authorization necessary to begin construction related, land-disturbing activity.

Land disturbing activity means any activity which may result in soil erosion from water or wind and the movement of sediments into state water or onto lands within the state, including but not limited to clearing, digging, dredging, grading, stripping, removal of vegetation, excavating, transporting and filling of land, construction, paving and any other installation of impervious cover. Land disturbing activity does not include agricultural practices as described O.C.G.A. § 12-7-17(5) or silvicultural land management activities as described O.C.G.A. § 12-7-17(6) within areas zoned for these activities.

Linear feasibility program means a feasibility program developed by the city and submitted to the Georgia Environmental Protection Division, which sets reasonable criteria for determining when implementation of stormwater management standards for linear transportation projects being constructed by the city is infeasible.

Linear transportation projects means construction projects on traveled ways including but not limited to roads, sidewalks, multi-use paths and trails, and airport runways and taxiways.

MS4 Permit means the NPDES permit issued by Georgia Environmental Protection Division for discharges from the city's municipal separate storm sewer system.

New development means land disturbing activities, structural development (construction, installation or expansion of a building or other structure), and/or creation of impervious surfaces on a previously undeveloped site.

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

Nonstructural stormwater management practice or nonstructural practice means any natural or planted vegetation or other nonstructural component of the stormwater management plan that provides for or enhances stormwater quantity and/or quality control or other stormwater management benefits, and includes, but is not limited to, riparian buffers, open and greenspace areas, overland flow filtration areas, natural depressions and vegetated channels.

Off-site facility means a stormwater management facility located outside the boundaries of the site.

Onsite facility means a stormwater management facility located within the boundaries of the site.

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

Owner means the legal or beneficial owner of a site, including but not limited to, a mortgagee or vendee in possession, receiver, executor, trustee, lessee or other person, firm or corporation in control of the site.

Person means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, city, county or other political subdivision of the state, any interstate body or any other legal entity.

Post-construction stormwater management means stormwater best management practices that are used on a permanent basis to control and treat runoff once construction has been completed in accordance with a stormwater management plan.

Post-development means the conditions anticipated to exist on site immediately after completion of the proposed development.

Practicability policy means the latest edition of the Metropolitan North Georgia Water Planning District's Policy on Practicability Analysis for Runoff Reduction.

Pre-development means the conditions that exist on a site immediately before the implementation of the proposed development. Where phased development or plan approval occurs (preliminary grading, roads and utilities, etc.), the existing conditions at the time before the first item being approved or permitted shall establish pre-development conditions.

Pre-development hydrology means (a) for new development, the runoff curve number determined using natural conditions hydrologic analysis based on the natural, undisturbed condition of the site immediately before implementation of the proposed development; and (b) for redevelopment, the existing conditions hydrograph may take into account the existing development when defining the runoff curve number and calculating existing runoff, unless the existing development causes a negative impact on downstream property.

Previously developed site means a site that has been altered by paving, construction, and/or land disturbing activity.

Redevelopment means structural development (construction, installation, or expansion of a building or other structure), creation or addition of impervious surfaces, replacement of impervious surfaces not as part of routine maintenance, and land disturbing activities associated with structural or impervious development on a previously developed site.

Redevelopment does not include such activities as exterior remodeling.

Regional stormwater management facility or regional facility means stormwater management facilities designed to control stormwater runoff from multiple properties, where the owners or developers of the individual properties may assist in the financing of the facility, and the requirement for onsite controls is either eliminated or reduced.

Routine maintenance means activities to keep an impervious surface as near as possible to its constructed condition. This includes ordinary maintenance activities, resurfacing paved areas, and exterior building changes or improvements which do not materially increase or concentrate stormwater runoff, or cause additional nonpoint source pollution.

Runoff means stormwater runoff.

Site means an area of land where development is planned, which may include all or portions of one or more parcels of land. For subdivisions and other common plans of development, the site includes all areas of land covered under an applicable land development permit.

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

Stormwater concept plan means an initial plan for post-construction stormwater management at the site that provides the groundwork for the stormwater management plan including the natural resources inventory, site layout concept, initial runoff characterization, and first round stormwater management system design.

Stormwater management facility means any infrastructure that effects stormwater management and which controls or conveys stormwater runoff.

Stormwater management measure means any stormwater management facility or nonstructural stormwater practice.

Stormwater management plan means a plan for post-construction stormwater management at the site that meets the requirements of subsection 109-81(c) and is included as part of the land development application.

Stormwater management standards means those standards set forth in subsection 109-82.

Stormwater management system means the entire set of non-structural site design features and structural BMPs for collection, conveyance, storage, infiltration, treatment, and disposal of stormwater runoff in a manner designed to prevent increased flood damage, streambank channel erosion, habitat degradation and water quality degradation, and to enhance and promote the public health, safety and general welfare.

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

Stormwater runoff means the flow on the surface of the ground, resulting from precipitation.

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

Subdivision means the division of a tract or parcel of land resulting in one or more new lots or building sites for the purpose, whether immediately or in the future, of sale, other transfer of ownership or land development, and includes divisions of land resulting from or made in connection with the layout or development of a new street or roadway or a change in an existing street or roadway. (Ord. No. 2020-11-30, 11-2-2020)

Sec. 109-81. Permit procedures and requirements.

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

hydrologic

Sec. 109-82. Stormwater management standards.

Green infrastructure/low impact development design shall conform to the city's green infrastructure/low impact development program.

State law reference—Georgia Safe Dams Act of 1978, O.C.G.A. § 12-5-370 et seq.

Sec. 109-83. Inspections to ensure plan compliance during construction.

If any variations or violations are found, the applicant shall be notified in writing of the nature of the violation and the required corrective actions.

The required certification under part (1) shall include a certification of volume, or other performance test applicable to the type of stormwater management system component, to ensure each component is functioning as designed and built according to the design specifications in the approved stormwater management plan. This certification and the required performance tests shall be performed by a qualified person and submitted to the city community development department with the request for a final inspection. The city community development department shall perform a final inspection with applicant to confirm applicant has fulfilled these responsibilities. (Ord. No. 2020-11-30, 11-2-2020)

Sec. 109-84. Reserved.

Sec. 109-85. Violations, enforcement and penalties.

Any violation of the approved stormwater management plan during construction, failure to submit as-built drawings, failure to submit a final BMP landscaping plan, or failure of the final inspection shall constitute and be addressed as violations of, or failures to comply with, the underlying land disturbance permit pursuant to chapter 109 and chapter 113 of the city's land development ordinances or the underlying building permit pursuant to chapter 105 of the city's buildings and building regulations ordinance. To address a violation of this article, the city shall have all the powers and remedies that are available to it for other violations of building and land disturbance permits, including without limitation the right to issue notices and orders to ensure compliance, stop work orders, and penalties as set forth in the applicable ordinances for such permits.

Sec. 109-86. Maintenance by owner of stormwater management systems predating current GSMM.

For any stormwater management systems approved and built based on requirements predating the current GSMM and that is not otherwise subject to an inspection and maintenance agreement, such stormwater management systems shall be maintained by the owner so that the stormwater management systems perform as they were originally designed. (Ord. No. 2020-11-30, 11-2-2020)

Sec. 109-87. Inspection and maintenance agreements.

serving as the point of contact for the new owner. Any failure of an owner to keep the point of contact up to date shall, following 30-days' notice, constitute a failure to maintain the stormwater management system.

Sec. 109-88. Right of entry for maintenance inspections.

The terms of the inspection and maintenance agreement shall provide for the city's right of entry for maintenance inspections and other specified purposes. If a site was developed before the requirement to have an inspection and maintenance agreement or an inspection and maintenance agreement was for any reason not entered into, recorded, or has otherwise been invalidated or deemed insufficient, then the city shall have the right to enter and make inspections pursuant to the city's general provisions for property maintenance inspections pursuant to chapter 105 of the City's Code and local administration procedures for the Georgia Statewide Minimum Construction Codes. (Ord. No. 2020-11-30, 11-2-2020)

Sec. 109-89. Owner's failure to maintain the stormwater management system.

The terms of the inspection and maintenance agreement shall provide for what constitutes a failure to maintain a stormwater management system and the enforcement options available to the City of Johns Creek. If a site was developed before the requirement to have an inspection and maintenance agreement or an inspection and maintenance agreement was for any reason not entered into, recorded, or has otherwise been invalidated or deemed insufficient, then:

Secs. 109-90—109-113. Reserved.

Sec. 109-114. Title.

This article shall be known as the "City of Johns Creek Stream Buffer Protection Ordinance." (Ord. No. O2006-12-27, ch. 14, art. 6, § 1, 12-19-2006)

Sec. 109-115. Findings and purposes.

Sec. 109-116. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Buffer means, with respect to a stream, a natural or enhanced vegetated area lying adjacent to the stream.

Director means director of the city community development department.

Floodplain means any land area susceptible to flooding, which would have at least a one percent probability of flooding occurrence in any calendar year based on the basin being fully developed as shown on the current land use plan; i.e., the regulatory flood.

Impervious cover means any man-made paved, hardened or structural surface regardless of material. Impervious cover includes but is not limited to rooftops, buildings, streets, roads, decks, swimming pools and any concrete or asphalt.

Land development means any land change, including, but not limited to, clearing, grubbing, stripping, removal of vegetation, dredging, grading, excavating, transporting and filling of land, construction, paving and any other installation of impervious cover.

Land development activity means those actions or activities which comprise, facilitate or result in land development.

Land disturbance means any land or vegetation change, including, but not limited to, clearing, grubbing, stripping, removal of vegetation, dredging, grading, excavating, transporting and filling of land, that do not involve construction, paving or any other installation of impervious cover.

Land disturbance activity means those actions or activities which comprise, facilitate or result in land disturbance.

Parcel means any plot, lot or acreage shown as a unit on the latest county tax assessment records.

Permit means the permit issued by the city community development department required for undertaking any land development activity.

Person means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, city, county or other political subdivision of the state, any interstate body or any other legal entity.

Protection area or stream protection area means, with respect to a stream, the combined areas of all required buffers and setbacks applicable to such stream.

Riparian means belonging or related to the bank of a river, stream, lake, pond or impoundment.

Setback means, with respect to a stream, the area established by section 109-118(a)(2) extending beyond any buffer applicable to the stream.

Stream means any rivers, streams, creeks, lakes, reservoirs, ponds, drainage systems, and other bodies of surface or subsurface water, natural and artificial, lying within or forming a part of the boundaries of the state which are not entirely confined and retained completely in an individual property, beginning at:

Stream bank means the sloping land that contains the stream channel and the normal flows of the stream.

Stream channel means the portion of a watercourse that contains the base flow of the stream.

Watershed means the land area that drains into a particular stream. (Ord. No. O2006-12-27, ch. 14, art. 6, § 3, 12-19-2006; Ord. No. 2020-02-03, 2-10-2020)

Sec. 109-117. Applicability.

This article shall apply to all land development activity on property containing a stream protection area as defined in section 109-116. 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.

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 109-118(b). (Ord. No. O2006-12-27, ch. 14, art. 6, § 4, 12-19-2006)

Sec. 109-118. Land development requirements.

Sec. 109-119. Compatibility with other buffer regulations and requirements.

Sec. 109-120. Additional information requirements for development on buffer zone properties.

Any permit applications for property requiring buffers and setbacks hereunder must include the following:

Sec. 109-121. Responsibility.

Neither the issuance of a development permit nor compliance with the conditions thereof, nor with the provisions of this article 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 the City of Johns Creek, its officers or employees, for injury or damage to persons or property. (Ord. No. O2006-12-27, ch. 14, art. 6, § 8, 12-19-2006)

Sec. 109-122. Inspection.

Sec. 109-123. Violations, enforcement and penalties.

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

Sec. 109-124. Administrative appeal and judicial review.

Secs. 109-125—109-146. Reserved.

CONTROL*

Sec. 109-147. Authority and title of article.

This article is adopted pursuant to the authority and mandate of the Georgia Erosion and Sedimentation Act of 1975 (O.C.G.A. § 12-7-1 et. seq.), as amended. As a local issuing authority, the City of Johns Creek has been certified to provide and maintain a soil erosion, sedimentation and pollution control program which includes, but is not limited to, processing land-disturbance activity applications, issuing permits and ensuring compliance with stream buffer variance requirements; maintaining a list of open land disturbance permits; conducting inspections and maintaining reports of inspections including violations; and enforcing the article and keeping records of written notifications of violations, stop work orders and court actions. This article will be known as "The Johns Creek Soil Erosion, Sedimentation and Pollution Control Ordinance of 2006." (Ord. No. 2016-11-21, 11-28-2016)

Sec. 109-148. Intent.

It is the intent of this article to establish soil erosion, sedimentation and pollution control *Editor’s note—Ord. No. 2016-11-21, adopted Nov. 28, 2016, repealed the former Art. VI, §§ 109-147—109159, and enacted a new Art. VI as set out herein. The former Art. VI pertained to similar subject matter and derived from Ord. No. 2010-05-09, adopted May 24, 2010.

minimum requirements, standards, and enforcement procedures for land disturbance activities in order to conserve and protect the environment, public health, and the general welfare of the citizens of the City of Johns Creek. (Ord. No. 2016-11-21, 11-28-2016)

Sec. 109-149. Definitions.

The following definitions shall apply in the interpretation and enforcement of this article, unless otherwise specifically stated:

Best management practices (BMPs) mean sound conservation and engineering practices to prevent and minimize erosion and resultant sedimentation, which are consistent with, and no less stringent than, those practices contained in the 'Manual for Erosion and Sediment Control in Georgia' published by the Commission as of January 1 of the year in which the land-disturbing activity was permitted.

Board means the Georgia Board of Natural Resources.

Buffer means the area of land immediately adjacent to the banks of state waters in its natural state of vegetation that facilitates the protection of water quality and aquatic habitat.

Certified personnel means a person who has successfully completed the appropriate certification course approved by the Georgia Soil and Water Conservation Commission.

Coastal marshlands shall have the same meaning as in O.C.G.A. § 12-5-282.

Commission means the State of Georgia Soil and Water Conservation Commission (GSWCC).

CPESC means a certified professional in erosion and sediment control with current certification by EnviroCert, Inc., which is also referred to as CPESC or CPESC, Inc.

Cut means a portion of land surface or area from which earth has been removed or will be removed by excavation (the depth below the original ground surface to the excavated surface).

Department means The Georgia Department of Natural Resources (DNR).

Design professional means a professional licensed by the State of Georgia in the field of: engineering, architecture, landscape architecture, forestry, geology, or land surveying; or a person that is a certified professional in erosion and sediment control (CPESC) with a current certification by EnviroCert, Inc. Design professionals shall practice in a manner that complies with applicable Georgia law governing professional licensure.

Development means the alteration of property for any purpose involving building, subdividing, and/or the preparation of land for any of the above purposes. Development includes, but is not limited to, providing utilities, access, parking, storm water management, sewage disposal systems, and/or construction of a structure.

Development sequence means the sequence of activities to be completed, in order, during the development of a land disturbance project as per approved construction plans.

Director means the director or his designees of the Johns Creek Department of Community Development.

Director DPW means the director of department of public works or his designee.

Director EPD means the director of the environmental protection division or an authorized representative.

District means the Fulton County Soil and Water Conservation District.

Division means the environmental protection division of the department of natural resources.

Drainage structure means a device composed of a virtually nonerodable material such as concrete, steel, plastic or other such material that conveys water from one place to another by intercepting the flow and carrying it to a release point for stormwater management, drainage control or flood control purposes.

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

Erosion, sedimentation and pollution control plan means a plan required by the Erosion and Sedimentation Act, O.C.G.A. Ch. 12-7, that includes, as a minimum protections at least as stringent as the state general permit, best management practices, and requirements in section 109-152(c) of this article.

Fill means a portion of land surface to which soil or other solid material has been added; the depth above the original ground surface or an excavation.

Final stabilization means all soil disturbing activities at the site have been completed, and that for unpaved areas and areas not covered by permanent structures and areas located outside the waste disposal limits of a landfill cell that has been certified by EPD for waste disposal, 100 percent of the soil surface is uniformly covered in permanent vegetation with a density of 70 percent or greater, or landscaped according to the plan (uniformly covered with landscaping materials in planned landscape areas), or equivalent permanent stabilization measures as defined in the manual (excluding a crop of annual vegetation and seeding of target crop perennials appropriate for the region). Final stabilization applies to each phase of construction.

Finished grade means the final elevation and contour of the ground after cutting or filling and conforming to the proposed design.

Grading means altering the shape of ground surfaces. This includes stripping, cutting, filling, stockpiling and shaping or any combination thereof, and shall include the land in its cut or filled condition.

Ground elevation means the elevation of the ground surface as measured from sea level prior to cutting or filling.

Land disturbing activity means any activity which may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands within the state, including, but not limited to, clearing, dredging, grading, excavating, transporting and filling of land but not including agricultural practices as described in section 109-150(5).

Larger common plan of development or sale means a contiguous area where multiple separate and distinct construction activities are occurring under one plan of development or sale. For the purpose of this article, the term "plan" means an announcement; piece of documentation such as a sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning request or computer design; or physical demarcation such as boundary signs, lot stakes or survey marking, indicating that construction activities will occur on a specific plot.

Local issuing authority means the governing authority of any county or municipality which is certified pursuant to subsection (a) of O.C.G.A. § 12-7-8.

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

Natural ground surface means the ground surface in its original state before any grading, excavation or filling.

Nephelometric turbidity units (NTU) means numerical units of measure based upon photometric analytical techniques for measuring the light scattered by finely divided particles of a substance in suspension. This technique is used to estimate the extent of turbidity in water in which colloidally dispersed particles are present.

NOI means a notice of intent form provided by EPD for coverage under the state general permit.

NOT means a notice of termination form provided by EPD to terminate coverage under the state general permit.

Notice of violation means enforcement action based on noncompliance through failure to either properly install or maintain BMPs, where sediments remain within the boundaries of the property. This enforcement action provides the violator five days to achieve compliance.

Official notice means a posting of a notice of violation or stop work order on a property that is noncompliant or in violation.

Outfall means the location where storm water in a discernible, confined and discrete conveyance, leaves a facility or site or, if there is a receiving water on site, becomes a point source discharging into that receiving water.

100-year flood plain means land in the flood plain subject to a one percent or greater statistical occurrence probability of flooding in any given year.

Permit means the authorization necessary to conduct a land disturbing activity under the provisions of this article.

Person means any individual, owner, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, state agency, municipality or other political subdivision of this state, any interstate body or any other legal entity.

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

Project means the entire proposed development project, regardless of the size of the area of land to be disturbed.

Properly designed means designed in accordance with the design requirements and specifications contained in the "Manual for Erosion and Sediment Control in Georgia" (manual) published by the Georgia Soil and Water Conservation Commission as of January 1 of the year in which the land-disturbing activity was permitted and amendments to the manual as approved by the commission up until the date of NOI submittal.

Reinspection fee means a fee assessed to the developer/owner/operator or responsible party for reinspecting the project if requested by the developer/owner/operator or responsible party prior to the end of the compliance period, provided that upon that reinspection the project remains out of compliance.

Roadway drainage structure means a device such as a bridge, catch basin, culvert or ditch composed of a virtually nonerodable material such as concrete, steel, plastic or other such material that conveys water under a roadway by intercepting the flow on one side of a traveled roadway (public or private) consisting of one or more defined lanes, with or without shoulder areas, and carrying water to a release point on the other side.

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

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

Soil and water conservation district approved plan means an erosion, sedimentation and pollution control plan approved in writing by the Fulton County Soil and Water Conservation District.

Stabilization means the process of establishing an enduring soil cover of vegetation and/or mulch or other ground cover and/or installing temporary or permanent structures for the purpose of reducing to a minimum the erosion process and the resultant transport of sediment by wind, water, ice or gravity.

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

State waters means any and all rivers, streams, creeks, branches, lakes, ditches, reservoirs, ponds, drainage system, springs, wells and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of the state which are not entirely confined and retained completely upon the property of a single individual, partnership or corporation.

Structural erosion, sedimentation and pollution control measures means practices for the stabilization of erodible or sediment-producing areas by utilizing the mechanical properties of matter for the purpose of either changing the surface of the land or storing, regulating or disposing of runoff to prevent sediment loss. Examples of structural erosion and sediment control measures are riprap, sediment basins, dikes, level spreaders, waterways or outlets, diversions, grade stabilization structures, sediment traps and sediment barriers, etc. Such measures as defined in the publication "Manual for Erosion and Sediment Control in Georgia."

Trout streams means all streams or portions of streams within the watershed as designated by the Wildlife Resources Division of the Georgia Department of Natural Resources under the provisions of the Georgia Water Quality Control Act, O.C.G.A. 12-5-20, in the rules and regulations for Water Quality Control, Chapter 391-3-6 at www.wpd.georgia.gov. Streams designated as primary trout waters are defined as water supporting a self- sustaining population of rainbow, brown or brook trout. Streams designated as secondary trout waters are those in which there is no evidence of natural trout reproduction, but are capable of supporting trout throughout the year. First order trout waters are streams into which no other streams flow except springs.

Turbidity means a measure of clarity of a water sample.

Underbrush means any small shrubs, ground cover or similar plants growing beneath the canopy of mature trees.

Vegetative erosion and sedimentation control measures means practices for the stabilization of erodible or sediment-producing areas by covering the soil with:

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

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

Wetlands means those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. (Ord. No. 2016-11-21, 11-28-2016)

Sec. 109-150. Exemptions to article.

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

Sec. 109-151. Minimum requirements for erosion, sedimentation and pollution control using best management practices.

The following requirements shall apply to such buffer:

provided, however, that 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

Sec. 109-152. Land disturbance application/ permit process.

Sec. 109-153. Residential construction.

Notwithstanding any other provisions of this article, the construction of single-family detached dwellings shall be subject to the following rules:

Sec. 109-154. Design professional inspection.

Sec. 109-155. Inspection and enforcement of article.

Sec. 109-156. Penalties and incentives.

Sec. 109-157. Education and certification.

Sec. 109-158. Administrative appeal; judicial review.

Sec. 109-159. Effectivity, validity, and liability.

Secs. 109-160—109-188. Reserved.

Sec. 109-189. Definitions.

Administrative guidelines means those certain guidelines, including any appendices, existing or as future amended, incorporated by reference into the tree preservation ordinance as set forth in chapter 109 of the Code of the City of Johns Creek, Georgia, article 8 et seq., which have been adopted by the city council of the City of Johns Creek from time to time to provide standards for the protection, preservation and replacement of trees, and which are regulated and enforced by the city arborist in conjunction with the department of community development or its designated agent through development and construction permits and processes. Copies of the same are kept on file in the office of the clerk of the City of Johns Creek and available for public inspection during business hours.

Agent, designated or authorized, means an individual or entity authorized to administer and enforce the standards set forth in the City of Johns Creek Tree Preservation Ordinance and Administrative Guidelines, set forth in this chapter.

Buildable area means the portion of a parcel of land where a building may be located and which shall contain enough square footage to meet the minimum required by the zoning district. That portion which is not located in the minimum setbacks, utility corridors, driveways, slopes to build streets, tree save areas, landscape strips, specimen tree areas, state water buffer, tributary buffers, zoning buffers, wetlands, storm water and sanitary sewer easements.

Caliper means the standard for trunk measurements of nursery stocks. Caliper of the trunk shall be taken six inches above the ground for up to and including four-inch caliper size and 12 inches above the ground for larger sizes.

Cambium means tissue within the woody portion of trees and shrubs which gives rise to the woody water and nutrient conducting system and the energy substrate transport system in trees. Cambium growth activity results in a tree's radial development, i.e., increase in diameter.

Cambial dieback means the irreparable radial or vertical interruption of a tree's cambium, usually caused by mechanical damage, such as "skinning bark," or from excessive heat.

Clearcutting means the removal of all trees from a property, whether by cutting or other means, excluding stream buffer requirements.

Coniferous means belonging to the group of cone-bearing evergreen trees or shrubs.

City arborist means the agent of the City of Johns Creek assigned to the community development department and having the primary re-sponsibilities of administration and enforcement of the tree preservation ordinance, as set forth in this chapter.

Critical root zone means the area of tree roots within the crown dripline. This zone is generally defined as a circle with a radius extending from a tree's trunk to a point no less than the furthest crown dripline. Disturbances within this zone will directly affect a tree's chance for survival.

Crown drip line means a vertical line extending down to the ground from the end of a tree's longest branches.

Deciduous means not persistent; the shedding of leaves annually.

DBH means diameter-at-breast-height is a standard measure of tree size, (for trees existing on site) and is a tree trunk diameter measured in inches at a height of 4½ feet above the ground. If a tree splits into multiple trunks below 4½ feet, refer to chart in appendix I to the ordinance from which this section is derived.

Density factor for the site (DFS) means a unit of measure used to prescribe and calculate required tree coverage on a site. Unit measurements are based upon tree size.

Director means director of City of Johns Creek community development department.

Erosion and sedimentation control ordinance means the ordinance adopted by the city that regulates soil erosion and its transportation to the city's lakes, rivers and streams (latest revision).

Improvement setback means an area adjacent to a zoning buffer in which no improvements and/or structures shall be constructed. No development activity such as tree removal, stump removal or grinding, land disturbance or grading is permitted without the approval of the director of the community development department or his designee.

Land-disturbing activity means any activity which may result in soil erosion from water or wind and movement of sediments into state water or onto lands within the state, including, but not limited to, clearing, dredging, grading, excavating, transporting and filling of land but not including agricultural practices as described in the City of Johns Creek Soil Erosion and Sedimentation Control Ordinance.

Land disturbance permit means a permit issued by the community development department that authorizes the commencement of alteration or development of a given tract of land or the commencement of any land-disturbing activity.

Landscape plan means a plan that identifies areas of tree preservation and methods of tree protection within the protected zone, as well as all areas of replanting. Within replanting areas, the common and botanical names of the proposed species, the number of plants of each species, the size of all plant materials, the proposed location of all plant materials and any unique features of the plant materials shall be indicated.

Landscape strip means an area required by this article, by the zoning ordinance of the city or any condition of zoning, use permit or variance approval, which is reserved for the installation and/or maintenance of plant materials.

Minimum setback means the minimum yards as specified in the regulations related to the zoning districts or use permit categories. A minimum required space between a property line and a structure. An area identified by a building line.

Protected zone means includes, but is not limited to, the following:

Revegetation means the replacement of trees and landscape plant materials to satisfy the minimum tree density and landscape requirements, as determined by the zoning ordinance of the city, condition of zoning, use permit or variance approval, or chapter 109 (tree preservation).

Roots.

Root collar means the point of attachment of major woody roots to the tree trunk, usually at or near the groundline and associated with a marked swelling of the tree trunk.

Root respiration means an active process occurring throughout the feeder root system of trees and involving the consumption of oxygen and sugars with the release of energy and carbon dioxide. Root respiration facilitates the uptake and transport of minerals and nutrients essential for tree survival.

Setback means a space between a property line and the line to which a building or specified structure may be constructed.

Soil compaction means a change in soil physical properties which includes an increase in soil weight per unit volume and a decrease in soil pore space. Soil compaction is caused by repeated vibrations, frequent traffic and weight. As related to tree roots, compacted soil can cause physical root damage, a decrease in soil oxygen levels with an increase in toxic gasses and can be impervious to new root development.

State waters means any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of the state which are not entirely confined and retained completely upon the property of a single individual, partnership or corporation.

Thinning means selective cutting or removal of timber. The basal unit of (30) units per acre for commercial districts and all other non single family districts; (20) units per acre for single family residential districts; (15) units per acre for agricultural districts shall be maintained after selective cutting, or removal of timber has occurred.

Timber harvesting means the felling of timber products (pulp wood, etc). The term "timber harvesting" may include both clearcutting and thinning of timber.

Tree.

Tree bank means a site such as a school or public park where the owner/developer shall donate and plant the required trees when it is not feasible to plant the required trees within their site's project area.

Tree preservation ordinance means this article as approved and adopted by the city council of the City of Johns Creek to provide standards for the protection, preservation and replacement of trees regulated and enforced by the city arborist in conjunction with the department of community development or designated agent through development and construction permits and processes.

Tree save area means all areas designated for the purpose of meeting tree density requirements, saving specimen trees and/or preserving natural buffers.

Tributary means any perennial stream (or portion thereof) within the affected area that is portrayed as a solid blue line on the United States Geological Survey 7.5 Quadrangle Maps, 1968 edition, or other perennial streams as identified by the City of Johns Creek.

Wetlands means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bog and similar areas.

Zoning regulations means the zoning ordinance of the City of Johns Creek, as amended, or such regulations subsequently adopted by the city council inclusive of conditions of zoning, use permit or variance approval established pursuant thereto.

Sec. 109-190. Fines and penalties.

Any person violating any of the provisions of this article shall be punished as provided in section 1-7. Each owner of any property wherein a violation exists shall be jointly and severally responsible for said violations. (Ord. No. O2006-12-27, ch. 14, art. 8, § 13, 12-19-2006)

Sec. 109-191. Purpose.

Sec. 109-192. Authority and applicability.

Sec. 109-193. Permit procedures.

Sec. 109-194. Removal of trees.

Sec. 109-195. Violations.

Citations for any of the following violations by authorized City of Johns Creek enforcement agent may constitute issuance of an immediate stop work order:

Sec. 109-196. Enforcement.

Sec. 109-197. Inspections.

Sec. 109-198. Notice of violation.

then a written notice of violation shall be served upon the property owner or the agent of record.

Sec. 109-199. Stop work orders.

Sec. 109-200. Modification, revocation, suspension, voidance of permit.

A land disturbance permit and/or other permit required by this article and administrative guidelines may be modified, revoked, suspended or voided by the director of the community development department upon finding that the holder is in violation of the terms of the permit or any portion of this article and administrative guidelines. (Ord. No. O2006-12-27, ch. 14, art. 8, § 11, 12-19-2006)

Sec. 109-201. Bonding.

Sec. 109-202. Appeals.

Sec. 109-203. Care of public trees.

Public property means all grounds and rights-of-way (ROWs) owned or maintained by the city.

Public tree means any tree or woody vegetation on city-owned or city-maintained property or rights-of-way.

Top or topping means the non-standard practice of cutting back of limbs to stubs within a tree's crown to such a degree so as to remove the normal canopy and disfigure the tree.

Secs. 109-204—109-210. Reserved.

Sec. 109-211. Purpose and intent.

The purpose of this article is to protect the public health, safety, environment, and general welfare through the regulation and prevention of litter. The objectives of this article are:

Sec. 109-212. Applicability.

This article shall apply to all public and private property within the City of Johns Creek. (Ord. No. 2008-09-20, (ch. 14, art. 9, § 2, 9-222008)

Sec. 109-213. Compatibility with other regulations.

This article is not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute, or other provision of law. The requirements of this article should be considered minimum requirements, and where any provision of this article imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall be considered to take precedence. (Ord. No. 2008-09-20, (ch. 14, art. 9, § 3), 9-222008)

Sec. 109-214. Severability.

If the provisions of any article, section, subsection, paragraph, subdivision or clause of this article shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of this article. (Ord. No. 2008-09-20, (ch. 14, art. 9, § 4), 9-222008)

Sec. 109-215. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Construction waste means waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality. For the purposes of this article, construction waste is a type of litter.

Litter means any organic or inorganic waste material, rubbish, refuse, garbage, trash, construction waste, hulls, peelings, debris, grass, weeds, ashes, sand, gravel, slag, brickbats, metal, plastic, and glass containers, broken glass, dead animals or intentionally or unintentionally discarded materials of every kind and description which are not "waste" as such term is defined in O.C.G.A., § 16-7-51, para. 6.

Public or private property means the right-of-way of any road or highway; any body of water or watercourse or the shores or beaches thereof; any park, playground, building, refuge, or conservation or recreation area; timberlands or forests; and residential, commercial, industrial, or farm properties. (Ord. No. 2008-09-20, (ch. 14, art. 9, § 5), 9-222008; Ord. No. 2019-06-14, 6-17-2019)

Sec. 109-216. Prohibition against littering public or private property or waters.

Sec. 109-217. Vehicle loads causing litter.

No person shall operate any motor vehicle with a load on or in such vehicle unless the load on or in such vehicle is adequately secured to prevent the dropping or shifting of materials from such load onto the roadway. (Ord. No. 2008-09-20, (ch. 14, art. 9, § 7), 9-222008)

State law reference—O.C.G.A. § 40-6-254.

Sec. 109-218. Violations.

It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this article. Any person who has violated or continues to violate the provisions of this article, may be subject to the enforcement actions outlined in this section or may be restrained by injunction or otherwise sentenced in a manner provided by law. (Ord. No. 2008-09-20, (ch. 14, art. 9, § 8), 9-222008)

Sec. 109-219. Evidence.

Sec. 109-220. Penalties.

Any person who violates this article shall be guilty of a violation and, upon conviction thereof, shall be punished as follows:

In the sound discretion of the court, the person may be directed to pick up and remove from any public street or highway or public right-of-way for a distance not to exceed one mile any litter he has deposited and any and all litter deposited thereon by anyone else prior to the date of execution of sentence; or

Sec. 109-221. Enforcement.

The city code enforcement officers and the city police department are hereby authorized, empowered and directed to enforce compliance with this article; however, nothing stated herein shall prohibit other law enforcement agencies, officers or officials of this state from enforcing similar laws or regulations within their jurisdiction. (Ord. No. 2008-09-20, (ch. 14, art. 9, § 11), 9-22-2008)

Secs. 109-222—109-240. Reserved.

ARTICLE IX. PET SOLID WASTE*

Sec. 109-241. Purpose.

*Editor’s note—Ord. No. 2021-10-30, adopted Oct. 25, 2021, enacted provisions designated as §§ 109-222—The purpose of this article is to establish requirements for the proper disposal of pet solid waste in the city so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply. (Ord. No. 2021-10-30, 10-25-2021)

Sec. 109-242. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Immediate shall mean that the pet solid waste is removed at once, without delay.

Owner/keeper means any person who shall possess, maintain, house or harbor any pet or otherwise have custody of any pet, whether or not the owner of such pet.

Pet means a domesticated animal kept for support, amusement or companionship, and raised to live in the habitat of humans and is dependent upon them for food and shelter. Pets include, but are not limited to, dogs, cats, rabbits, and/or potbellied pigs. Livestock and wild animals shall not be deemed pets.

Pet solid waste means waste matter expelled from the bowels of the pet.

Proper disposal means placement in a designated waste receptacle or other suitable container, and discarded in a refuse container which is regularly emptied by a refuse collector; or disposal into a system designed to convey domestic sewage for proper treatment and disposal. Disposal into a storm drain or stormwater system is strictly prohibited. (Ord. No. 2021-10-30, 10-25-2021)

Sec. 109-243. Requirement for disposal.

All pet owners/keepers are required to immediately and properly dispose of their pet's 109-226, however, in order to conform to the style of this Code, said provisions have been renumbered as §§ 109241—109-245, at the discretion of the editor.

solid waste deposited on any property, public or private, not owned or possessed by the owner/keeper.

On any property owned or possessed by a pet's owner/keeper, it is required to properly dispose of their pet's solid waste as frequently as necessary to protect public health, safety and welfare. (Ord. No. 2021-10-30, 10-25-2021)

Sec. 109-244. Enforcement.

The provisions of this article shall be enforced by the City of Johns Creek's Code Compliance Division. (Ord. No. 2021-10-30, 10-25-2021)

Sec. 109-245. Violations and penalties.

Any pet owner(s)/keeper(s) who is found to be in violation of the provisions of this article shall be subject to a fine not to exceed:

Secs. 109-246—109-250. Reserved.

ARTICLE X. PRIVATE DECENTRALIZED WASTEWATER SYSTEMS*

Sec. 109-251. General provisions.

*Editor’s note—Ord. No. 2022-02-01, adopted Feb. 7, 2022, enacted provisions designated as art. IX, § 109-222; inasmuch as said article already exists, the provisions have been redesignated as art. X, § 109-251, at the discretion of the editor.

Chapters 110—112 RESERVED Chapter 113 DEVELOPMENT REGULATIONS* Article I. Authority, Title, Purpose and Intent Sec. 113-1. Authority and title. Sec. 113-2. Purpose. Sec. 113-3. Intent and application. Secs. 113-4—113-10. Reserved.

Article II. Adoption and Amendment Sec. 113-11. Effective date and amendments. Sec. 113-12. Severability. Sec. 113-13. Conflicting regulations. Secs. 113-14—113-20. Reserved.

Article III. Administration, Appeal, and Violations Sec. 113-21. Administration. Sec. 113-22. Appeals and variances to the regulations. Sec. 113-23. Violations and enforcement. Secs. 113-24—113-40. Reserved.

Article IV. Definitions Sec. 113-41. Use of words and interpretation. Sec. 113-42. Definitions of words and phrases. Secs. 113-43—113-50. Reserved.

Article V. Dedication and Transfer of Lands Sec. 113-51. Dedication of public lands and facilities. Sec. 113-52. Transfer of land ownership. Secs. 113-53—113-60. Reserved.

Article VI. Permits Required for Development or Construction Sec. 113-61. Authorization required for development activities. Sec. 113-62. Land disturbance permits. Sec. 113-63. Building permits. Secs. 113-64—113-70. Reserved.

Article VII. Procedures Sec. 113-71. Review procedures.

*Editor’s note—Ord. No. 2009-06-18, adopted June 29, 2009, repealed the former Ch. 113, Art. I, §§ 113-1—113-14, Art. II, §§ 113-45—113-53, Art. III, §§ 113-72—113-76, Art. IV, §§ 113-96—113-101, Art. V, §§ 113-131—113-138, and enacted a new Art. X as set out herein. The former Ch. 113 pertained to subdivisions and derived from Ord. of 12-10-2006, ch. 19, § 1.2, §§ 2.2—2.9, § 3.2, §§ 4.1, 4.2, §§ 5.1—5.4, §§ 7.1—7.6, §§ 8.1—8.8, §§ 9.1—9.3, §§ 1.2, 10.3, § 11.1, § 12.1; Ord. No. 2007-09-27, 10-8-2007; Ord. No. 2007-11-33, ch. 19, §§ 8.2.4, 8.2.5, 11-26-2007. For a complete derivation, see the Code Comparative Table at the end of this volume.

Supp. No. 2 Sec. 113-72. Initiation of development activities. Sec. 113-73. Assignment of names and address. Sec. 113-74. Approval of development conformance. Secs. 113-75—113-80. Reserved.

Article VIII. Fees Sec. 113-81. Fees. Secs. 113-82—113-90. Reserved.

Article IX. General Requirements Sec. 113-91. Suitability of the land. Sec. 113-92. Offers of land dedication. Sec. 113-93. Zoning and other regulations. Sec. 113-94. Required public improvements. Sec. 113-95. Lots. Sec. 113-96. Survey monuments. Sec. 113-97. Standard drawings. Sec. 113-98. Wetlands. Sec. 113-99. Floodplain. Secs. 113-100—113-110. Reserved.

Article X. Plan and Plat Specifications Sec. 113-111. Subdivision development plans. Sec. 113-112. Final plat specifications. Sec. 113-113. Residential site plan. Sec. 113-114. Site development plans. Sec. 113-115. Tree preservation/replacement/landscape plan specifica-tions. Secs. 113-116—113-120. Reserved.

Article XI. Street Design and Construction Requirements Sec. 113-121. General. Sec. 113-122. Specifications. Sec. 113-123. Access. Sec. 113-124. Driveways intersections and access improvements. Sec. 113-125. General layout requirements. Sec. 113-126. Minimum right-of-way and street improvements. Sec. 113-127. Roadway design. Sec. 113-128. Street intersections. Sec. 113-129. Street construction. Sec. 113-130. Curb and gutter. Sec. 113-131. Sidewalks and multi-use trails. Sec. 1113-132. Mailboxes. Sec. 113-133. Traffic control devices. Sec. 113-134. Street lights. Secs. 113-135—113-140. Reserved.

Article XII. Utilities and Easements Sec. 113-141. Placement of utilities.

Sec. 113-142. Underground utilities. Sec. 113-143. Water system and fire hydrants. Sec. 113-144. Sanitary sewer disposal. Sec. 113-145. Separation of water and sanitary sewer lines. Sec. 113-146. Easements. Sec. 113-147. Street cuts. Secs. 113-148—113-160. Reserved.

Article XIII. Grading and Drainage Sec. 113-161. Erosion control. Sec. 113-162. Earthwork. Sec. 113-163. Retaining walls. Sec. 113-164. Drainage systems. Sec. 113-165. Pipe collection systems. Sec. 113-166. Stormwater management. Sec. 113-167. Dams. Secs. 113-168—113-190. Reserved.

Article XIV. Stormwater Utility Sec. 113-191. Short title, authority and applicability. Sec. 113-192. Findings. Sec. 113-193. Definitions. Sec. 113-194. Stormwater utility and enterprise fund established. Sec. 113-195. Stormwater utility service area. Sec. 113-196. Scope of responsibility for the stormwater utility. Sec. 113-197. Rates of stormwater user fee charges to be established. Sec. 113-198. Effective date of stormwater user fee charges. Sec. 113-199. Stormwater user fee charge exemptions. Sec. 113-200. Credits. Sec. 113-201. Stormwater user fee charge, billing, delinquencies and col-lections. Sec. 113-202. Stormwater utility inspections and enforcement. Sec. 113-203. Stormwater user fee adjustments. Sec. 113-204. Appeals.