Paulding County › Unified Development Ordinance

Title 3 — Development Regulations, Chapter 350 — Post-Construction Stormwater Management for New Development and Redevelopment

current as of 2026-04-14verified current · checked 2026-08-24Officialofficial source ↗18 sections · full chapter

§ 350-10

Purpose and Intent

The purpose of this chapter is to protect, maintain and enhance the public health, safety, environment and general welfare by establishing minimum requirements and procedures to control the adverse effects of increased post-construction stormwater runoff and nonpoint source pollution associated with new development and redevelopment. Proper management of post-construction stormwater runoff will minimize damage to public and private property and infrastructure, safeguard the public health, safety, environment and general welfare of the public, and protect water and aquatic resources. Additionally, Paulding County is required to comply with several State and Federal laws, regulations and permits and the requirements of the Metropolitan North Georgia Water Planning District’s regional water plan related to managing the water quantity, velocity, and quality of post- construction stormwater runoff.

§ 350-20

Definitions

For this chapter, the terms below shall have the following meanings:

Administrator: The person appointed to administer and implement this chapter on Post-Construction Stormwater Management for New Development and Redevelopment in accordance with Section 350-40.

Applicant: A person submitting a land development application for approval.

BMP or Best Management Practice: 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 of Georgia.

BMP Landscaping Plan: 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: A natural or artificial watercourse with a definite bed and banks that conveys continuously or periodically flowing water.

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

Detention Facility: A structure designed for the storage and gradual release of stormwater runoff at controlled rates.

Development: New development or redevelopment.

Extended Detention: The storage of stormwater runoff for an extended period of time.

Extreme Flood Protection: Measures taken to prevent adverse impacts from large low-frequency storm events with a return frequency of 100 years or more.

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

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

Hotspot: 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.

Impervious Surface: A surface composed of any material that significantly impedes or prevents the natural infiltration of water into the soil.

Industrial Stormwater General Permit: 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: The process of percolating stormwater runoff into the subsoil.

Inspection and Maintenance Agreement: A written agreement providing for the long-term inspection, operation, and maintenance of the stormwater management system and its components on a site.

Land Development Application: The application for a land development permit on a form provided by Paulding County along with the supporting documentation required in Section 320-20.

Land Development Permit: The authorization necessary to begin construction related, land-disturbing activity Land Disturbing Activity: 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, dredging, grading, excavating, and filling of land. 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 Transportation Projects: Construction projects on traveled ways including but not limited to roads, sidewalks, multi-use paths and trails, and airport runways and taxiways.

MS4 Permit: The NPDES permit issued by Georgia Environmental Protection Division for discharges from the Paulding County’s municipal separate storm sewer system.

New Development: 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: 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.

Overbank Flood Protection: 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).

Owner: 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: 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: 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: The conditions anticipated to exist on site immediately after completion of the proposed development.

Practicability Policy: The latest edition of the Metropolitan North Georgia Water Planning District’s Policy on Practicability Analysis for Runoff Reduction.

Pre-Development: 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:

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: A site that has been altered by paving, construction, and/or land disturbing activity.

Redevelopment: 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.

Routine Maintenance: 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: Stormwater runoff.

Site: 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 Concept Plan: 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 Plan: A plan for post-construction stormwater management at the site that meets the requirements of Section 350-80.04 and is included as part of the land development application.

Stormwater Management Standards: Those standards set forth in Section 350-70.

Stormwater Management System: 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 Runoff: Flow on the surface of the ground, resulting from precipitation.

Subdivision: 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.

Trout Stream: Waters designated by the Wildlife Resources Division of the Georgia Department of Natural Resources as Primary Trout Waters or Secondary Trout Streams. Primary Trout Waters are waters supporting a self-sustaining population of Rainbow, Brown or Brook Trout. Secondary Trout Streams are those with no evidence of natural trout reproduction but are capable of supporting trout throughout the year.

Other terms used but not defined in this chapter shall be interpreted based on how such terms are defined and used in the GSMM and Paulding County’s MS4 permit.

§ 350-30

Adoption and Implementation of the GSMM; Conflicts

Section 350-30. Adoption and Implementation of the GSMM; Conflicts and Inconsistencies.

350-30.01 In implementing this chapter, Paulding County shall use and require compliance

with all relevant design standards, calculations, formulas, methods, and other guidance from the GSMM as well as all related appendices.

350-30.02 This chapter is not intended to modify or repeal any other chapter, ordinance, rule,

regulation or other provision of law, including but not limited to any applicable stream buffers under state and local laws, and the Georgia Safe Dams Act and Rules for Dam Safety. In the event of any conflict or inconsistency between any provision in Paulding County’s MS4 permit and this chapter, the provision from the MS4 permit shall control. In the event of any conflict or inconsistency between any provision of this chapter and the GSMM, the provision from this chapter shall control. In the event of any other conflict or inconsistency between any provision of this chapter and any other ordinance, rule, regulation or other provision of law, the provision that is more restrictive or imposes higher protective standards for human health or the environment shall control.

350-30.03 If any provision of this chapter is invalidated by a court of competent jurisdiction,

such judgment shall not affect or invalidate the remainder of this chapter.

§ 350-40

Designation of Administrator

350-40.01 The Community Development Director may from time to time appoint someone to

administer and implement this chapter.

§ 350-50

Applicability Criteria for Stormwater Management

Standards.

350-50.01 This chapter applies to the following activities:

A.New development that creates or adds 5,000 square feet or greater of new impervious surface area or that involves land disturbing activity of one acre of land or greater;

B.Redevelopment (excluding routine maintenance and exterior remodeling) that creates, adds, or replaces 5,000 square feet or greater of new impervious surface area or that involves land disturbing activity of one acre or more;

C.New development and redevelopment if:

1.Such new development or redevelopment is part of a subdivision or other common plan of development, and

2.The sum of all associated impervious surface area or land disturbing activities that are being developed as part of such subdivision or other common plan of development meets or exceeds the threshold in Section 350-50.01(A) or 350-50.01(B) above

D.Any commercial or industrial new development or redevelopment, regardless of size, that is a hotspot land use as defined in this chapter; and

E.Linear transportation projects that exceed the threshold in Section 350-50.01(A) or 350-50.01(B) above.

§ 350-60

Exemptions from Stormwater Management Standards

350-60.01 This chapter does not apply to the following activities:

A.Land disturbing activity conducted by local, state, authority, or federal agencies, solely to respond to an emergency need to protect life, limb, or property or conduct emergency repairs;

B.Land disturbing activity that consists solely of cutting a trench for utility work and related pavement replacement;

C.Land disturbing activity conducted by local, state, authority or federal agencies, whose sole purpose is to implement stormwater management or environmental restoration;

D.Repairs to any stormwater management system deemed necessary by the administrator;

E.Agricultural practices as described in O.C.G.A 12-7-17(5) within areas zoned for these activities with the exception of buildings or permanent structures that exceed the threshold in Section 350-50.01(A) or 350-50.01(B).

F.Silvicultural land management activities as described in O.C.G.A 12-7-17(6)

within areas zoned for these activities with the exception of buildings or permanent structures that exceed the threshold in Section 350-50.01(A) or 350-50.01(B);

G.Installations or modifications to existing structures solely to implement Americans with Disabilities Act (ADA) requirements, including but not limited to elevator shafts, handicapped access ramps and parking, and enlarged entrances or exits; and

H.Individual single-family or duplex residential lots that are not part of a subdivision or phased development project;

I.Additions or modifications to existing single-family or duplex residential structures; and

J.Subdivisions developed under the Agricultural District (A-1) or Estate Residential District (ER) are exempt from Stormwater Quality/Reduction as outlined in Section 350-70.04; however, are required to provide quantity control as outlined in Section 350-70.05 through 350-70.07.

§ 350-70

Stormwater Management Standards

Subject to the applicability criteria in Section 350-50 and exemptions in Section 350-60, the following stormwater management standards apply. Additional details for each standard can be found in the GSMM Section 2.2.2.2.

350-70.01 Design of Stormwater Management System.

The design of the stormwater management system shall be in accordance with the applicable sections of the GSMM as directed by the administrator. Any design which proposes a dam shall comply with the Georgia Safe Dams Act and Rules for Dam Safety as applicable.

350-70.02 Natural Resources Inventory.

Site reconnaissance and surveying techniques shall be used to complete a thorough assessment of existing natural resources, both terrestrial and aquatic, found on the site. Resources to be identified, mapped, and shown on the Stormwater Management Plan, shall include, at a minimum (as applicable):

A.Topography (minimum of 2-foot contours) and Steep Slopes (i.e., Areas with Slopes Greater Than 15%),

B.Natural Drainage Divides and Patterns,

C.Natural Drainage Features (e.g. swales, basins, depressional areas),

D.Natural feature protection and conservation areas such as wetlands, lakes, ponds, floodplains, stream buffers, drinking water wellhead protection areas and river corridors,

E.Predominant soils (including erodible soils and karst areas), and

F.Existing predominant vegetation including trees, high quality habitat and other existing vegetation.

350-70.03 Better Site Design Practices for Stormwater Management.

Stormwater management plans shall preserve the natural drainage and natural treatment systems and reduce the generation of additional stormwater runoff and pollutants to the maximum extent practicable. Additional details can be found in the GSMM Section 2.3.

350-70.04 Stormwater Runoff Quality/Reduction.

Stormwater Runoff Quality/Reduction shall be provided by using the following:

A.For development with a stormwater management plan submitted before December 6, 2020, the applicant may choose either (1) Runoff Reduction or

(2)Water Quality.

B.For development with a stormwater management plan submitted on or after December 6, 2020 the applicant shall choose (1) Runoff Reduction and additional water quality shall not be required. To the extent (1) Runoff Reduction has been determined to be infeasible for all or a portion of the site using the Practicability Policy, then (2) Water Quality shall apply for the remaining runoff from a 1.2-inch rainfall event and must be treated to remove at least 80% of the calculated average annual post-development total suspended solids (TSS) load or equivalent as defined in the GSMM.

1.Runoff Reduction - The stormwater management system shall be designed to retain the first 1.0 inch of rainfall on the site using runoff reduction methods, to the maximum extent practicable.

2.Water Quality – The stormwater management system shall be designed to remove at least 80% of the calculated average annual post-development total suspended solids (TSS) load or equivalent as defined in the GSMM for runoff from a 1.2-inch rainfall event.

C.If a site is determined to be a hotspot as detailed in Section 350-50, Paulding County may require the use of specific or additional components for the stormwater management system to address pollutants of concern generated by that site.

350-70.05 Stream Channel Protection.

Stream channel protection shall be provided by using all of the following three approaches:

A.24-hour extended detention storage of the 1-year, 24-hour return frequency storm event;

B.Erosion prevention measures, such as energy dissipation and velocity control;

and

C.Preservation of any applicable stream buffer.

350-70.06 Overbank Flood Protection.

Downstream overbank flood protection shall be provided by controlling the post-development peak discharge rate to the pre-development rate for the 25-year, 24-hour storm event.

350-70.07 Extreme Flood Protection.

Extreme flood protection shall be provided by controlling the 100-year, 24-hour storm event such that flooding is not exacerbated.

350-70.08 Trout Stream Protection.

Trout stream protection shall be provided by controlling temperature for receiving waters with trout stream designation. In streams designated as primary trout waters by the Wildlife Resources Division, there shall be no elevation or natural stream temperatures. In streams designated as secondary trout waters, there shall be no elevation exceeding 2°F of natural stream temperatures.

350-70.09 Downstream Analysis.

Due to peak flow timing and runoff volume effects, some structural components of the stormwater management system fail to reduce discharge peaks to pre-development levels downstream from the site. A downstream peak flow analysis shall be provided to the point in the watershed downstream of the site or the stormwater management system where the area of the site comprises 10% of the total drainage area in accordance with Section 3.1.9 of the GSMM. This is to help ensure that there are minimal downstream impacts from development on the site.

The downstream analysis may result in the need to resize structural components of the stormwater management system. The analysis of downstream conditions in the report shall address each and every point or area along the project site’s boundaries at which runoff will exit the property. The downstream analysis shall also include a thorough review of immediate downstream nodal components (pipes, channels, etc.). The report shall demonstrate the safe passage of post-development 100-year flows downstream, with a focus on the portion of the drainage channel, pipe, conveyance, or watercourse immediately downstream from the project. Upsizing of undersized pipes or stormwater channels may be required where applicable based on downstream analysis. Care shall be taken to minimize impact to downstream properties.

350-70.10 Stormwater Management System Inspection and Maintenance.

The components of the stormwater management system that will not be dedicated to and accepted by Paulding County, including all drainage facilities, best management practices, credited conservation spaces, and conveyance systems, shall have an inspection and maintenance agreement to ensure that they continue to function as designed. All new development and redevelopment sites are to prepare a comprehensive inspection and maintenance agreement for the on-site stormwater management system. This plan shall be written in accordance with the requirements in Section 350-160.

§ 350-80

Pre-Submittal Meeting, Stormwater Concept Plan, and

Stormwater Plan Requirements.

350-80.01 Pre-Submittal Meeting.

Before a land development permit application is submitted, an applicant may request a pre-submittal meeting with Paulding County. The pre-submittal meeting should take place based on an early step in the development process such as before site analysis and inventory (GSMM Section 2.4.2.4) or the stormwater concept plan (GSMM Section 2.4.2.5). The purpose of the pre-submittal meeting is to discuss opportunities, constraints, and ideas for the stormwater management system before formal site design engineering. To the extent applicable, local and regional watershed plans, greenspace plans, trails and greenway plans, and other resource protection plans should be consulted in the pre-submittal meeting.

Applicants must request a pre-submittal meeting with Paulding County when applying for a Determination of Infeasibility through the Practicability Policy.

350-80.02 Stormwater Concept Plan.

The stormwater concept plan shall be prepared using the minimum following steps:

A.Develop the site layout using better site design techniques, as possible (GSMM Section 2.3).

B.Calculate preliminary estimates of the unified stormwater sizing criteria requirements for stormwater runoff quality/reduction, channel protection, overbank flooding protection and extreme flood protection (GSMM Section 2.2).

C.Perform screening and preliminary selection of appropriate best management practices and identification of potential siting locations (GSMM Section 4.1).

350-80.03 Stormwater Concept Plan Contents.

The stormwater concept plan shall contain:

A.Common address and legal description of the site,

B.Vicinity map, and

C.Existing conditions and proposed site layout mapping and plans (recommended scale of 1” = 50’), which illustrate at a minimum:

1.Existing and proposed topography (minimum of 2-foot contours),

2.Perennial and intermittent streams,

3.Mapping of predominant soils from USDA soil surveys,

4.Boundaries of existing predominant vegetation and proposed limits of clearing and grading,

5.Location and boundaries of other natural feature protection and conservation areas such as wetlands, lakes, ponds, floodplains, stream buffers and other setbacks (e.g., drinking water well setbacks, septic setbacks, etc.),

6.Location of existing and proposed roads, buildings, parking areas and other impervious surfaces,

7.Existing and proposed utilities (e.g., water, sewer, gas, electric) and easements,

8.Preliminary estimates of unified stormwater sizing criteria requirements,

9.Preliminary selection and location, size, and limits of disturbance of proposed BMPs,

10.Location of existing and proposed conveyance systems such as grass channels, swales, and storm drains,

11.Flow paths,

12.Location of the boundaries of the base flood floodplain, future conditions floodplain, and the floodway (as applicable) and relationship of site to upstream and downstream properties and drainage, and

13.Preliminary location and dimensions of proposed channel modifications, such as bridge or culvert crossings.

350-80.04 Stormwater Management Plan Contents.

The stormwater management plan shall contain the items listed in this part and be prepared under the direct supervisory control of either a registered Professional Engineer or a registered Landscape Architect licensed in the State of Georgia.

Items in Section 350-80.04(3), 350-80.04 (4), 350-80.04 (5) and 350-80.04 (6) shall be sealed and signed by a registered Professional Engineer licensed in the state of Georgia. The overall site plan must be stamped by a design professional licensed in the State of Georgia for such purpose. (GSMM Section 2.4.2.7)

A.Natural Resources Inventory

B.Stormwater Concept Plan

C.Existing Conditions Hydrologic Analysis

D.Post-Development Hydrologic Analysis

E.Stormwater Management System

F.Downstream Analysis

G.Erosion and Sedimentation Control Plan

H.BMP Landscaping Plan

I.Inspection and Maintenance Agreement

J.Evidence of Acquisition of Applicable Local and Non-Local Permits

K.Determination of Infeasibility (if applicable)

350-80.05 Plans for Redevelopment.

For redevelopment and to the extent existing stormwater management structures are being used to meet stormwater management standards the following must also be included in the stormwater management plan for existing stormwater management structures.

A.As-built Drawings

B.Hydrology Reports

C.Current inspection of existing stormwater management structures with deficiencies noted

D.BMP Landscaping Plans

§ 350-90

Application Fee

350-90.01 The fee for review of any land development application shall be based on the fee

structure established by Paulding County, and payment shall be made before the issuance of any land disturbance permit or building permit for the development.

§ 350-100

Application Procedures

350-100.01 Land development applications are handled as part of the process to obtain the

land disturbance permit pursuant to Chapter 320 or building permit pursuance to the Code of Paulding County, Georgia Chapter 18, Section 18-61 as applicable.

Before any person begins development on a site, the owner of the site shall first obtain approval in accordance with the following procedure:

A.File a land development application with Paulding County on Paulding County’s form of application with the following supporting materials:

1.The stormwater management plan prepared in accordance with Section 350-80.04,

2.A certification that the development will be performed in accordance with the stormwater management plan once approved.

3.A Preliminary Determination of Infeasibility, as applicable, prepared in accordance with the practicability policy, and,

4.An acknowledgement that applicant has reviewed Paulding County’s form of inspection and maintenance agreement and that applicant agrees to sign and record such inspection and maintenance agreement before the final inspection.

B.The Administrator shall inform the applicant whether the application and supporting materials are approved or disapproved.

C.If the application or supporting materials are disapproved, the Administrator shall notify the applicant of such fact in writing. The applicant may then revise any item not meeting the requirements hereof and resubmit the same for the administrator to again consider and either approve or disapprove.

D.If the application and supporting materials are approved, Paulding County may issue the associated land disturbance permit or building permit, provided all other legal requirements for the issuance of such permits have been met. The stormwater management plan included in such applications becomes the approved stormwater management plan.

§ 350-110

Compliance with the Approved Stormwater

Management Plan.

350-110.01 Compliance.

All development plans shall be:

A.Consistent with the approved stormwater management plan and all applicable land disturbance and building permits, and

B.Conducted only within the area specified in the approved stormwater management plan.

350-110.02 Changes.

No changes may be made to an approved stormwater management plan without review and advanced written approval by the administrator.

§ 350-120

Inspections to Ensure Plan Compliance During

Construction.

350-120.01 Periodic Inspections.

Periodic inspections of the stormwater management system during construction shall be conducted by the staff of Paulding County or conducted and certified by a professional engineer who has been approved by Paulding County. Inspections shall use the approved stormwater management plan for establishing compliance.

All inspections shall be documented with written reports that contain the following information:

A.The date and location of the inspection;

B.Whether the stormwater management system is in compliance with the approved stormwater management plan;

C.Variations from the approved stormwater management plan; and

D.Any other variations or violations of the conditions of the approved stormwater management plan.

§ 350-130

Final Inspection; As-Built Drawings; Delivery of

Inspection and Maintenance Agreement.

350-130.01 Completion of Development.

Upon completion of the development, the applicant is responsible for:

A.Certifying that the stormwater management system is functioning properly and was constructed in conformance with the approved stormwater management plan and associated hydrologic analysis,

B.Submitting as-built drawings showing the final design specifications for all components of the stormwater management system as certified by a professional engineer,

C.Certifying that the landscaping is established and installed in conformance with the BMP landscaping plan, and

D.Delivering to Paulding County a signed inspection and maintenance agreement that has been recorded by the owner in the property record for all parcel(s) that make up the site.

350-130.02 Certification.

The required certification under Section 350-130.01(A) 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 Paulding County with the request for a final inspection. Paulding County shall perform a final inspection with applicant to confirm applicant has fulfilled these responsibilities.

§ 350-140

Violations and Enforcement

350-140.01 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 320 or the underlying building permit pursuant to the Code of Paulding County, Georgia Chapter 18, Section 18-61. To address a violation of this chapter, Paulding County 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.

§ 350-150

Maintenance by Owner of Stormwater Management

Systems Predating Current GSMM.

350-150.01 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.

§ 350-160

Inspection and Maintenance Agreements

350-160.01 Execution.

The owner shall execute an inspection and maintenance agreement with Paulding County obligating the owner to inspect, clean, maintain, and repair the stormwater management system; including vegetation in the final BMP landscaping plan. The form of the inspection and maintenance agreement shall be the form provided by Paulding County. After the inspection and maintenance agreement has been signed by the owner and Paulding County, the owner shall promptly record such agreement at the owner’s cost in the property record for all parcel(s) that make up the site.

350-160.02 Point of Contact.

The inspection and maintenance agreement shall identify by name or official title the person(s) serving as the point of contact for carrying out the owner’s obligations under the inspection and maintenance agreement. The owner shall update the point of contact from time to time as needed and upon request by Paulding County.

Upon any sale or transfer of the site, the new owner shall notify Paulding County in writing within 30 days of the name or official title of new person(s) 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.

350-160.03 Future Successors-in-Title.

The inspection and maintenance agreement shall run with the land and bind all future successors-in-title of the site. If there is a future sale or transfer of only a portion of the site, then:

A.The parties to such sale or transfer may enter into and record an assignment agreement designating the owner responsible for each portion of the site and associated obligations under the inspection and maintenance agreement. The parties shall record and provide written notice and a copy of such assignment agreement to Paulding County.

B.In the absence of a recorded assignment agreement, all owners of the site shall be jointly and severally liable for all obligations under the inspection and maintenance agreement regardless of what portion of the site they own.

350-160.04 Maintenance Responsibility.

Stormwater management facilities and practices included in a stormwater management plan which are subject to an inspection and maintenance agreement must undergo ongoing inspections to document maintenance and repair needs and ensure compliance with the requirements of the agreement, the plan and this chapter. The owner of the property on which work has been done pursuant to this chapter for private stormwater management facilities, or any other person or agent in control of such property, shall maintain in good condition and promptly repair and restore all grade surfaces, walls, drains, dams and structures, vegetation, erosion and sedimentation controls, and other protective devices. Such repairs or restoration and maintenance shall be in accordance with approved plans.

A maintenance schedule shall be developed for the life of all stormwater management facilities and shall state the maintenance to be completed, the time period for completion, and who shall perform the maintenance. This maintenance agreement shall be included in the approved stormwater management plan.

350-160.05 Maintenance Inspections.

A stormwater management facility or practice shall be inspected on a periodic basis by the responsible person in accordance with the approved inspection and maintenance agreement. In the event that the stormwater management facility has not been maintained and/or becomes a danger to public safety or public health, the Paulding County Community Development Department shall notify the person responsible for carrying out the maintenance plan by registered or certified mail to the person specified in the inspection and maintenance agreement. The notice shall specify the measures needed to comply with the agreement and the plan and shall specify the time within which such measures shall be completed. If the responsible person fails or refuses to meet the requirements of the inspection and maintenance agreement, the Paulding Community Development Department, may correct the violation as provided in Section 350-180 hereof.

The Paulding County Community Development Department may ensure that preventative maintenance is performed by inspecting all stormwater management systems. Inspection may occur during the first year of operation and at least once every five years thereafter, or as outlined by the County’s Ms4 permit. In addition, a maintenance agreement between the owner and Paulding County shall be executed for privately owned stormwater management systems as described in this chapter.

Owners shall routinely inspect and repair their facilities. Owner generated inspection reports shall be submitted to the Paulding County Community Development Department for all stormwater management systems. Inspection reports for stormwater management systems shall include the following and other items as per the maintenance agreement:

A.The date of inspection;

B.Name of inspector;

C.The condition of:

1.Vegetation or filter media

2.Fences or other safety devices

3.Spillways, valves, or other control structures

4.Embankments, slopes, and safety benches

5.Reservoir or treatment areas

6.Inlet and outlet channels and structures

7.Underground drainage

8.Sediment and debris accumulation in storage and forebay areas

9.Any nonstructural practices

10.Any other item that could affect the proper function of the stormwater management system

D.Description of the need for maintenance After notification is provided to the owner of any deficiencies discovered from an inspection of a stormwater management system, by the County or their own agent, the owner shall have 30 days or other time frame mutually agreed to between the Paulding County Community Development Department and the owner to correct the deficiencies. The Paulding County Community Development Department shall then conduct a subsequent inspection to ensure completion of repairs. If repairs are not undertaken or are not found to be done properly, then enforcement procedures outlined in Section 350-140 of this chapter shall be followed by the Paulding County Community Development Department.

§ 350-170

Right of Entry for Maintenance Inspections

350-170.01 The terms of the inspection and maintenance agreement shall provide for Paulding

County’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 Paulding County shall have the right to enter and make inspections pursuant to Paulding County’s general provisions for property maintenance inspections pursuant to Code of Paulding County, Georgia Chapter 18, Section 18-35(b).

§ 350-180

Owner’s Failure to Maintain the Stormwater

Management System.

350-180.01 Failure to Maintain.

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 Paulding County. 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:

A.An owner’s failure to maintain the stormwater management system so that it performs as it was originally designed shall constitute and be addressed as a violation of, or failure to comply with, owner’s property maintenance obligations pursuant to the Code of Paulding County, Georgia Chapter 18, Section 18-31(c)(1) and

B.To address such a failure to maintain the stormwater management system, Paulding County shall have all the powers and remedies that are available to it for other violations of an owner’s property maintenance obligations, including without limitation prosecution, penalties, abatement, and emergency measures.