Article 3 — Amendment to Drainage Regulations of 1989

ordinance into the municipal/county separate storm sewer system, which occurs by chance and without planning or consideration prior to occurrence.

appeals to this ordinance and render decisions and variances.

procedures, activities, and prohibitions or practices which control the quality and/or quantity of stormwater runoff and which are compatible with the planned land use.

amended (33 U.S.C. 1251 et seq.).

appliance, device or apparatus.

stormwater through the drainage system, such as concrete or metal pipes, ditches, depressions, swales, etc.

Zoning. This Department is currently referred to by the City of Lawrenceville as the Planning and Zoning Department. This Department is responsible for all stormwater management activities and implementation of the provisions of this ordinance.

Zoning Department.

separate storm sewer system.

others.

Georgia.

system which results in discharge that is not composed entirely of stormwater runoff except discharge pursuant to the NPDES permit.

management facilities in proper working condition, in order to serve the intended purposes set forth in this ordinance or to prevent structural failure of such facilities.

conveyances (including roads with drainage systems, highway, rights-of-way, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, storm drains, detention ponds, other stormwater facilities) which is:

individual, firm, corporation, government agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal entity.

physical, chemical or biological properties, including 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 or welfare or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life.

other organizations and not by city, state, or federal government.

director, to implement a regulation or regulations adopted under this ordinance, or to carry out other responsibilities as may be required by this code or other codes, ordinances or resolutions of City of Lawrenceville or other agencies.

Department and adopted by the City of Lawrenceville pursuant to the requirements of this ordinance.

Gwinnett County, Georgia which discharges sewage directly or indirectly into the sewage treatment plan, including sanitary sewer pipelines, manholes and flushing inlets and appurtenances to the foregoing, but shall exclude any portion or facilities of the sewage treatment plant.

and drainage.

treatment and disposal of stormwater runoff in a manner to meet the objectives of this ordinance and which shall include a system of vegetative or structural measures, or both, that control the increased volume and rate of stormwater runoff and water quality impacts caused by manmade changes to the land.

components of a stormwater drainage system, designed to perform a particular function, or multiple functions, including, but not limited to, pipes, swales, ditches, culverts, street gutters, detention basins, retention basins, constructed wetlands, infiltration devices, catch basins, oil/water separator, sediment basins, natural systems and modular pavement.

precipitation and includes the surface and subsurface runoff that enters a ditch, stream, storm drain or other concentrated flow during and following the precipitation.

requirements for specific circumstances where strict adherence of the requirements would result in unnecessary hardship and not fulfill the intent of this ordinance.

the physical, chemical, biological or radiological integrity of water.

to the rate and volume of the stormwater runoff.

impact on the health, safety, the welfare of and the quality of life of the citizens of the City of Lawrenceville. More specifically, surface water runoff can carry pollutants and nutrients in the receiving water.

level of floods that occur, endangering roads, other public and private property and human life.

substantial economic losses. Potential losses include, but are not limited to, increased water treatment costs, as well as State and Federal fined associated with water quality violations.

the maintenance of the municipal/county separate storm sewer system.

improvement and maintenance of the municipal/county separate storm sewer system.

safety, and general welfare. This objective will be achieved by providing for regulation and management of the municipal storm sewer system, including public facilities in City of Lawrenceville’s service area.

developed pursuant to the Clean Water Act. These requirements include:

Lawrenceville, Georgia.

the provisions of this ordinance.

maintenance (where applicable), extension and improvement of the municipal separate storm sewer system, including activities necessary to control stormwater runoff and activities necessary to carry out stormwater management programs included in the City of Lawrenceville NPDES stormwater permit. The City is currently under contract with Gwinnett County for providing services relative to this function.

be the minimum stormwater management requirements and shall not be deemed a limitation or repeal of any other local requirements authorized by State statute. Other stormwater project improvements, as defined under Georgia Law, may be required.

regulations and procedures adopted to implement this ordinance, including the right to maintain an action or procedure in any court of competent jurisdiction to compel compliance with or restrain and violation of this ordinance.

pursuant to the provisions of the City of Lawrenceville’s Soil Erosion and Sedimentation Ordinance, the City of Lawrenceville’s Subdivision Ordinance and City of Lawrenceville Drainage Regulations.

unacceptable quantity or which would be discharged in volumes or at rates in excess of those otherwise allowed by Soil Erosion and Sedimentation and Subdivision and Drainage Ordinances, to be discharged into drainage facilities off site of the development, provided the following conditions are met:

constructed and maintained in accordance with requirements of those ordinances; and,

operating costs of facilities; and

meets the design and performance standards found in the City of Lawrenceville’s Soil Erosion and Sedimentation Ordinance, Subdivision Ordinance and Drainage Regulations.

any component of the municipal storm sewer system or to cause, permit or suffer to be thrown, drained, run, or allow to seep or otherwise discharge into such system all matter of any nature excepting only such storm or surface water as herein authorized.

municipal storm sewer system of any material or substance other than stormwater runoff, the person concerned shall inform the Department within five (5) days of the nature, quantity and time of occurrence of the discharge. The person concerned shall take immediate steps to contain, treat, or take other actions to minimize effects of the discharge on the municipal separate storm sewer and receiving streams. The person shall also take immediate steps to ensure no recurrence of the discharge.

pipe, open channel, any other conveyance system that discharges anything except stormwater or unpolluted water into the municipal storm sewer system except for connections which are approved by the Director, based on the exemptions listed in Section 3.7 of this ordinance.

redirected, if necessary, to the Gwinnett County sanitary sewer system upon approval by the Gwinnett County Sewer Systems.

commercial and industrial development shall be privately owned and maintained. The owner shall maintain a perpetual, non-exclusive easement, which allows for access for maintenance.

dedicated to the public under the terms of the City of Lawrenceville Zoning Ordinance. In the event of a dedication of stormwater management control facilities and BMPs to the public, the City of Lawrenceville shall have the right to elect to accept the dedication as City property. In the event the City elects to accept the dedication either by express written acceptance or by actually asserting maintenance and control rights over the facilities and BMPs, such facilities shall belong to the City of Lawrenceville and shall be owned and maintained by it. The intent of this provision is to be consistent with the ruling in the City of Lawrenceville v. Macko court case.

facilities which discharge to the municipal storm sewer system to the City of Lawrenceville.

provisions of this ordinance.

identification, shall be permitted to enter, in accordance with state and federal law, all properties for regular inspections, periodic investigations, observation measurement, enforcement, sampling and testing. In accordance with the provisions of this ordinance, the Director or his/her designee shall duly notify the owner of said property or the representative on site, except in the case of an emergency.

credentials and identification, shall be permitted to enter, in accordance with state and federal law, all properties for which the City of Lawrenceville holds a negotiated easement for repairs, maintenance and other purposes related to any portion of the stormwater management facilities lying within said easement. The Director or his/her designee shall duly notify the owner of said property or the representative on site, except in the case of an emergency.

required of any discharger to the municipal storm sewer system shall be in accordance with 40 CFR Part 136, unless another method is approved by the Director.

danger to the public health, safety or general welfare because of unsafe conditions or improper maintenance, the City of Lawrenceville shall have the right, but not the duty, to take action and may be necessary to protect the public and make the facility safe.

and Zoning or his designee (including any decision with reference to the granting of a variance from the terms of this chapter) may appeal same by filing a written notice of appeal with the Director within seven (7) working days of the issuance of such decision by the Director.

decision by forwarding the written notice of appeal to the City of Lawrenceville Zoning Board of Appeals. A notice of appeal shall state the specific reasons why the decision is alleged to be in error, and the Director shall prepare and send to the Zoning Board of Appeals and the appellant a written response to such notice of appeal within thirty (30) working days of receipt of the notice of appeal.

their normal course of business procedure. The hearing shall be within forty-five (45) working days after receipt of the written response to such notice of appeal. The Planning and Zoning Department shall certify the decision by the Zoning Board of Appeals within thirty (30) days after the decision is made by the Zoning Board of Appeals.

shall be necessary to reverse any order, requirement, decision or determination of the Director.

Appeals may appeal to any court of competent jurisdiction within thirty

submitted on an application form as prescribed by the Director, along with such fees as shall be established by the Mayor and Council of the City of Lawrenceville from time to time. The Director shall coordinate the review of each waiver request by all other affected city departments and shall summarize such comments and recommendations as may be received to the Mayor and Council of the City of Lawrenceville for final action in their normal course of business.

jurisdiction of violating any provisions of these regulations shall be guilty of violating the duly adopted ordinance of the City of Lawrenceville and shall be punished either by a fine not to exceed $500.00 per day of violation or by imprisonment not to exceed sixty (60) days, or both. The owner of any lands or parts thereof, where anything in violation of these regulations shall be placed or shall exist, and each responsible party or other persons assisting in the commission of such violation, shall be guilty of a separate offense.

guilty of violation of these regulations on probation and to suspend or modify any fine or sentence. As a condition of said suspension, the Court may require payment of restitution or impose other punishment allowed by law.

undertaken in violation of these regulations, or any amendment thereto adopted by the Mayor and Council of the City of Lawrenceville, in addition to other remedies provided by law, may petition for a restraining order, injunction, abatement, or take any other appropriate legal action or proceeding to a court of competent jurisdiction to prevent, restrain, or a

exceptional circumstances applicable to a site exist such that strict adherence to the provisions of the ordinance will result in unnecessary hardship and will not fulfill the intent of the ordinance.

specific variance sought and the reasons, with supporting data, a variance should be granted. The request shall include all information necessary to evaluate the proposed variance.

thirty (30) consecutive days of receiving the request.

The City of Lawrenceville may enter into agreements with other local governments to carry out the purpose of this ordinance. These agreements may include, but are not limited to enforcement of provisions, resolution of disputes, cooperative monitoring and cooperative management of stormwater system and management programs.

Any person in violation of any portion of this ordinance shall pay for all City of Lawrenceville costs associated with the violation, including but not limited to containment, cleanup, injury, death, legal and other costs.

The ordinance shall take effect and be in force within thirty (30) days after adoption of this ordinance by the Mayor and Council of the City of Lawrenceville.

If any term, requirement or provision of this ordinance or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this ordinance or the application of such terms, requirements and provisions to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each term, requirement or provision of this ordinance shall be valid and be enforced to the fullest extent permitted by law.

This ordinance is related to the Subdivisions Regulations, Wellhead Protection Ordinances and all the City of Lawrenceville Drainage Ordinances. The City of Lawrenceville Stormwater Design Manual is incorporated herein by reference and adopted as the official development standards and guidelines for control of stormwater runoff as authorized under Section 5 of this Ordinance (which includes Floodplains, Wetlands and 404 permits, design methods for hydraulics and Detention facilities, easements and all of the drainage basins of the City of Lawrenceville).