Snellville › Unified Development Ordinance

Chapter 400 — Land Development, Article 2 — Grading, Erosion, and Sedimentation

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§ 402-1

Grading

Chapter 400. Land Development Article 2. Grading, Erosion, and Sedimentation Grading Grading Plan Grading must be done in accordance with the contour lines and grades shown on the approved Grading Plan.

Grading plans must show existing and proposed contour lines at an interval of no more than 2 feet. Grading plans shall outline the areas which are required to remain undisturbed (i.e., Tree Protection Areas, buffers, etc.) and must indicate protective fencing or staking to be placed surrounding such areas.

Grading for roads and improved ditches must be shown.

A grading plan, showing building pad locations, must be submitted for single-family detached dwelling and two-family dwelling subdivisions zoned for a lot size of less than 12,000 square feet or a density of 4 units per acre or more unless a modification application is approved.

Single-family detached dwelling and two-family dwelling subdivision lots must be graded to ensure adequate lot-to-lot drainage. Granting a modification will not nullify the intent of this UDO when the layout has a minimum lot area of 14,520 square feet and a minimum lot width of 90 feet. The grading plan may be used as a construction document before the approval of the Final Plat or as a guidance document for the individual lot grading after approval of the final plat.

Embankments Embankment layering must be consistent with the Gwinnett County Stormwater Management Manual.

Maximum Slopes The maximum slope for cut and/or fill is 2:1 (2 feet of horizontal run for each foot of rise or fall), except: 1) for earthen dam embankments; 2) rock cuts; 3) where certified by a professional geotechnical engineer; or 4) as discussed in paragraph B below.

The maximum slope for earthen dam embankments is 3:1 unless a modification application is approved. The earthen dam embankment slope regulation intends to provide for public safety, soil stability, and dam maintenance considerations.

The depth of cut referred to herein is the maximum cut or fill allowed to occur in any one section of cut or fill. The slope of cut or fill must be uniform throughout for each section of cut or fill unless benching is approved by the City.

Development Maximum slopes must otherwise be consistent with the Gwinnett County Stormwater Management Manual.

Soil Stabilization Special conditions for soil with low shearing resistance and cohesion are required as specified in the Gwinnett County Stormwater Management Manual.

2023

§ 402-2

Soil Erosion and Sedimentation Control

Soil Erosion and Sedimentation Control Title This section is known as the "Soil Erosion and Sedimentation Control Ordinance."

Applicability Design standards This section applies when any land disturbance is proposed that requires a permit under this section and continues to apply until the project has been completed.

Abandoned projects Any project whose permit has lapsed under the terms of this UDO must immediately have all disturbed areas stabilized. This responsibility falls upon the owner, developer, contractor, or other responsible parties involved in the land disturbance activity.

Exemption This section applies to any land disturbing activity undertaken by any person on any land, except for the following:

Surface mining, as the same is defined in O.C.G.A. § 12-4-72, "The Georgia Surface Mining Act of 1968."

Granite quarrying and land clearing for such quarrying.

Such minor land-disturbing activities as home gardens and individual home landscaping, repairs, maintenance work, fences, and other related activities which result in minor soil erosion.

The construction of single-family residences, when such construction disturbs less than 1 acre and is not a part of a larger common plan of development or sale with a planned disturbance or equal to or greater than 1 acre and not otherwise exempt under this subsection; provided, however, that construction of any such residence shall conform to the minimum requirements as set forth in O.C.G.A Sec. 12-7-7 and this Paragraph D. For single-family residence construction covered by the provisions of this paragraph there shall be a buffer zone between the residence and any State waters classified as trout streams pursuant to Article 2 of Chapter 5 of the Georgia Water Quality Control Act. In any such stream buffer zone, no land disturbing activity shall be constructed between the residence and the point where vegetation has been wrested by normal stream flow or wave action from the banks of the trout waters. For primary trout waters, the buffer zone shall be at least 50 horizontal feet, and no variance to a smaller buffer shall be granted. For secondary trout waters, the buffer zone shall be at least 50 horizontal feet, but the Director may grant variances to no less than 25 feet. Regardless of whether a trout stream is primary or secondary, for first order trout waters, which are Development streams into which no other streams flow except for springs, the buffer shall be at least 25 horizontal feet, and no variance to a smaller buffer shall be granted. The minimum requirements of O.C.G.A. Sec. 12-7-6(b) and the buffer zones provided by this paragraph shall be enforced by the issuing authority.

Agricultural operations as defined in O.C.G.A. § 1-3-3, “definitions,” to include:

1.Raising, harvesting or storing of products of the field or orchard;

2.Feeding, breeding or managing livestock or poultry;

3.Producing or storing feed for use in the production of livestock, including, but not limited to, cattle, calves, swine, hogs, goats, sheep, and rabbits, or for use in the production of poultry, including, but not limited to, chickens, hens, and turkeys;

4.Producing plants, trees, fowl or animals; and

5.The production of aquaculture, horticultural, dairy, livestock, poultry, eggs and apiarian products, and farm buildings and farm ponds.

Forestry land management practices, including harvesting; provided, however, that when such exempt forestry practices cause or result in land disturbing or other activities otherwise prohibited in a stream buffer, as established in Sec. 402-2.4.C.15 and Sec. 402-2.4.C.16, no other land disturbing activities, except for normal forest management practices, are allowed on the entire property upon which the forestry practices were conducted for 3 years after completion of such forestry practices.

Any project carried out under the technical supervision of the Natural Resources Conservation Service (NRCS) of the United States Department of Agriculture.

Any project involving less than 1 acre of disturbed area; provided, however, that this exemption shall not apply to any land disturbing activity within a larger common plan of development or sale with a planned disturbance of equal to or greater 1 acre or within 200 feet of the bank of any State waters. For the purposes of this Paragraph H, the term "State waters" excludes channels and drainage ways which have water in them only during and immediately after rainfall events and intermittent streams which do not have water in them year-round; provided, however, that any person responsible for a project which involves less than 1 acre, which involves land disturbing activity, and which is within 200 feet of any such excluded channel or drainage way, must prevent sediment from moving beyond the boundaries of the property on which such project is located and provided, further, that nothing contained herein shall prevent the local issuing authority from regulating any such project which is not specifically exempted by paragraphs A, B, C, D, E, F, G, I, or J of this section.

Construction or maintenance projects, or both, undertaken or financed in whole or in part, or both, by the department of transportation, the Georgia Highway Authority, or the State Road and Tollway Authority; or any road construction or maintenance project, or both, undertaken by any county or municipality; provided, however, that construction or maintenance projects of the department of 2023 transportation or State Road and Tollway authority which disturb one or more contiguous acres of land shall be subject to provisions of O.C.G.A. § 12-7-7.1;

except where the department of transportation, the Georgia Highway Authority, or the State Road and Tollway Authority is a secondary permittee for a project located within a larger common plan of development or sale under the State general permit, in which case a copy of a notice of intent under the State general permit shall be submitted to the local issuing authority, the local issuing authority shall enforce compliance with the minimum requirements set forth in O.C.G.A. § 12-7-6 as if a permit had been issued, and violations shall be subject to the same penalties as violations by permit holders.

Any land disturbing activities conducted by any electric membership corporation or municipal electrical system or any public utility under the regulatory jurisdiction of the Public Service Commission. Any utility under the regulatory jurisdiction of the Federal Energy Regulatory Commission, any cable television system as defined in O.C.G.A. § 36-18-1, or any agency or instrumentality of the United States engaged in the generation, transmission, or distribution of power; except where an electric membership corporation or municipal electrical system or any public utility under the regulatory jurisdiction of the Public Service Commission, any utility under the regulatory jurisdiction of the Federal Energy Regulatory Commission, any cable television system as defined in O.C.G.A. § 35-18-1, or any agency or instrumentality of the United States engaged in the generation, transmission, or distribution of power is a secondary permittee for a project located within a larger common plan of development or sale under the State general permit, in which case the local issuing authority shall enforce compliance with the minimum requirements set forth in O.C.G.A. § 12-7-6 as if a permit had been issued, and violations shall be subject to the same penalties as violations by permit holders; and Any public water system reservoir.

Minimum Requirements General Provisions Excessive soil erosion and resulting sedimentation can take place during land-disturbing activities if requirements of the ordinance and the NPDES general permit are not met. Therefore, plans for those land-disturbing activities which are not exempted by this section shall contain provisions for application of soil erosion, sedimentation and pollution control measures and practices. The provisions shall be incorporated into the erosion, sedimentation and pollution control plans. Soil erosion, sedimentation and pollution control measures and practices must conform to the minimum requirements of Sec. 402-2.5.B and Sec. 402-2.5.C. The application of measures and practices shall apply to all features of the site, including street and utility installations, drainage facilities and other temporary and permanent improvements. Measures shall be installed to prevent or control erosion, sedimentation, and pollution during all stages of any land-disturbing Development activity in accordance with the requirements of this section and the NPDES general permit.

Minimum Requirements/BMPs

1.Best management practices as set forth in Sec. 402-2.5.B and Sec. 402-2.5.C are required for all land-disturbing activities. Proper design, installation, and maintenance of best management practices will constitute a complete defense to any action by the Director or to any other allegation of noncompliance with clause 2 immediately below or any substantially similar terms contained in a permit for the discharge of stormwater issued pursuant to subsection O.C.G.A.

§ 12-5-30(f), the "Georgia Water Quality Control Act." As used in this paragraph the terms "proper design" and "properly designed" mean designed in accordance with the hydraulic design specifications contained in the "Manual for Erosion and Sediment Control in Georgia" specified in O.C.G.A. § 12-7-6(b).

2.Discharge of stormwater runoff from disturbed areas where best management practices have not been properly designed, installed, and maintained will constitute a separate violation of any land-disturbing permit issued by a local issuing authority or of any State general permit issued by the division pursuant to O.C.G.A. § 12-5-30(f), the "Georgia Water Quality Control Act," for each day on which such discharge results in the turbidity of receiving waters being increased by more than 25 nephelometric turbidity units for waters supporting warm water fisheries or by more than 10 nephelometric turbidity units for waters classified as trout waters. The turbidity of the receiving waters will be measured in accordance with guidelines to be issued by the Director. This paragraph shall not apply to any land disturbance associated with the construction of single-family homes which are not part of a larger common plan of development or sale unless the planned disturbance for such construction is equal to or greater than 5 acres.

3.Failure to properly design, install, or maintain best management practices will constitute a violation of any land-disturbing permit issued by a local issuing authority or of any State general permit issued by the division pursuant to O.C.G.A. § 12-5-30(f), the "Georgia Water Quality Control Act," for each day on which such failure occurs.

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

5.The LIA may set more stringent buffer requirements than stated in paragraphs C.15 and C.16 below in light of O.C.G.A. § 12-7-6(c).

Manual for Erosion and Sediment Control in Georgia Adopted The rules and regulations, ordinances, or resolutions adopted pursuant to O.C.G.A.

§ 12-7-1 et seq. to govern land-disturbing activities will require, at a minimum, protections at least as stringent as the State general permit; and best management practices, including sound conservation and engineering practices to prevent and minimize erosion and resultant sedimentation, which are consistent with, and no less stringent than, those practices contained in the Manual for Erosion and Sediment Control in Georgia published by the Georgia Soil 2023 and Water Conservation Commission as of January 1 of the year in which the land-disturbing activity was permitted, as well as the following:

1.Stripping of vegetation, regrading, and other development activities must be conducted in a manner to minimize erosion;

2.Cut-fill operations must be kept to a minimum;

3.Development plans must conform to topography and soil type to create the lowest practicable erosion potential;

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

5.The disturbed area and the duration of exposure to erosive elements shall be kept to a practicable minimum;

6.Disturbed soil shall be stabilized as quickly as practicable;

7.Temporary vegetation or mulching shall be employed to protect exposed critical areas during development;

8.Permanent vegetation and structural erosion control practices shall be installed as soon as practicable;

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

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

11.Cuts and fills may not endanger adjoining property;

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

13.Grading equipment must cross flowing streams using bridges or culverts except when such methods are not feasible, provided, in any case, that such crossings are kept to a minimum;

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

15.Except as provided in clause 16 immediately below, there is established a 25-foot buffer along the banks of all State waters, as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action, except where the Director determines to allow a variance that is at least as protective of natural resources and the environment, where otherwise allowed by the Director pursuant to O.C.G.A. § 12-2-8, where a drainage structure or a roadway drainage structure must be constructed, provided that adequate erosion control measures are incorporated in the project plans and Development specifications, and are implemented; or along any ephemeral stream. As used in this provision, the term "ephemeral stream" means a stream: that under normal circumstances has water flowing only during and for a short duration after precipitation events; that has the channel located above the groundwater table year-round; for which groundwater is not a source of water; and for which runoff from precipitation is the primary source of water flow. Unless exempted as along an ephemeral stream, the buffers of at least 25 feet established pursuant to part 6 of Article 5, Chapter 5 of Title 12, the "Georgia Water Quality Control Act," shall remain in force unless a variance is granted by the Director as provided in this clause. The following requirements shall apply to any such buffer:

a.No land-disturbing activities shall be conducted within a buffer and a buffer shall remain in its natural, undisturbed state of vegetation until all land-disturbing activities on the construction site are completed. Once the final stabilization of the site is achieved, a buffer may be thinned or trimmed of vegetation as long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; provided, however, that any person constructing a single-family residence, when such residence is constructed by or under contract with the owner for their own occupancy, may thin or trim vegetation in a buffer at any time as long as protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; and

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

(ii)stream crossings for sewer lines; and 16.There is established a 50-foot buffer as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action, along the banks of any State waters classified as "trout streams" pursuant to Article 2 of Chapter 5 of Title 12, the "Georgia Water Quality Control Act,"

except where a roadway drainage structure must be constructed; provided, however, that small springs and streams classified as trout streams which discharge an average annual flow of 25 gallons per minute or less shall have a 25-foot buffer or they may be piped, at the discretion of the landowner, pursuant to the terms of a rule providing for a general variance promulgated by the Board of Natural Resources, so long as any such pipe stops short of the downstream landowner's property and the landowner complies with the buffer requirement for any adjacent trout streams. The Director may grant a variance from such buffer to allow land-disturbing activity, provided that adequate erosion control measures are incorporated in the project plans and specifications and are implemented. The following requirements shall apply to such buffer:

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a.No land-disturbing activities may be conducted within a buffer and a buffer must remain in its natural, undisturbed, state of vegetation until all land-disturbing activities on the construction site are completed. Once the final stabilization of the site is achieved, a buffer may be thinned or trimmed of vegetation as long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; provided, however, that any person constructing a single-family residence, when such residence is constructed by or under contract with the owner for their own occupancy, may thin or trim vegetation in a buffer at any time as long as protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; and

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

(ii)stream crossings for sewer lines.

Stream Buffer Requirements Nothing contained in O.C.G.A. § 12-7-1 et seq. will prevent any local issuing authority from adopting rules and regulations, ordinances or resolutions which contain stream buffer requirements that exceed the minimum requirements in this section.

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

Application/Permit Process General The property owner, developer and designated planners and engineers must design and review before submittal the general development plans. The local issuing authority must review the tract to be developed and the area surrounding it. They must consult the zoning ordinance, stormwater management ordinance, subdivision ordinance, flood damage prevention ordinance, this section, and any other ordinances, rules, regulations or permits, which regulate the development of land within the jurisdictional boundaries of the local issuing authority. However, the owner and/or operator are the only parties who may obtain a permit.

Application Requirements Application requirements are as follows:

Development

1.No person may conduct any land-disturbing activity within the City of Snellville without first obtaining a permit from the City of Snellville to perform such activity and providing a copy of the notice of intent submitted to EPD if applicable.

2.The application for a permit must be submitted to the Department and must include the applicant's erosion, sedimentation and pollution control plan with supporting data, as necessary. Said plans must include, at a minimum, the data specified in paragraph C below. Erosion, sedimentation and pollution control plans, together with supporting data, must demonstrate affirmatively that the land disturbing activity proposed will be carried out in such a manner that the provisions of Sec. 402-2.4.B and Sec. 402-2.4.C will be met. Applications for a permit will not be accepted unless accompanied by three copies of the applicant's erosion, sedimentation and pollution control plans. All applications shall contain a certification stating that the plan preparer or the designee thereof visited the site before the creation of the plan in accordance with EPD Rule 391-3-7-.10.

3.In addition to the local permitting fees, fees will also be assessed pursuant to O.C.G.A. § 12-5-23(a)(5), provided that such fees may not exceed $80.00 per acre of land-disturbing activity, and these fees shall be calculated and paid by the primary permittee as defined in the State general permit for each acre of land-disturbing activity included in the planned development or each phase of development. All applicable fees must be paid before the issuance of the land disturbance permit. In a jurisdiction that is certified pursuant to O.C.G.A. § 12-7-8(a), half of such fees levied shall be submitted to the division; except that any and all fees due from an entity which must give notice pursuant to O.C.G.A.

§ 12-7-17(9) or (10) must be submitted in full to the division, regardless of the existence of a local issuing authority in the jurisdiction.

4.Immediately upon receipt of an application and plan for a permit, the local issuing authority must refer the application and plan to the Gwinnett Soil and Water Conservation District for its review and approval or disapproval concerning the adequacy of the erosion, sedimentation, and pollution control plan. The Gwinnett Soil and Water Conservation District shall approve or disapprove a plan within 35 days of receipt. Failure of the Gwinnett Soil and Water Conservation District to act within 35 days will be considered an approval of the pending plan. The results of the Gwinnett Soil and Water Conservation District review will be forwarded to the local issuing authority. No permit will be issued unless the plan has been approved by the Gwinnett Soil and Water Conservation District, and any variances required by Sec. 402-2.4.C.15 and Sec. 402-2.4.C.16 have been obtained, all fees have been paid, and bonding, if required by clause 6 below, been obtained. Such a review will not be required if the local issuing authority and the Gwinnett Soil and Water Conservation District have entered into an agreement that allows the local issuing authority to conduct such review and approval of the plan without referring the application and plan to the Gwinnett Soil and Water Conservation District. The local issuing authority with plan review authority shall approve or disapprove a revised plan submittal within 35 days of receipt. Failure of the local issuing authority with plan review authority to act within 35 days shall be considered an approval of the revised plan submittal.

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5.If a permit applicant has had two or more violations of previous permits, this section, or the Erosion and Sedimentation Act, as amended, within 3 years before the date of filing the application under consideration, the local issuing authority may deny the permit application.

6.The local issuing authority may require the permit applicant to post a bond in the form of government security, cash, irrevocable letter of credit, or any combination thereof up to, but not exceeding, $3,000.00 per acre or fraction thereof of the proposed land-disturbing activity, before issuing the permit. If the applicant does not comply with this section or with the conditions of the permit after issuance, the local issuing authority may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance.

These provisions will not apply unless there is in effect an ordinance or statute specifically providing for hearing and judicial review of any determination or order of the local issuing authority with respect to alleged permit violations.

Plan Requirements

1.Plans must be prepared to meet the minimum requirements as contained in Sec. 402-2.4.B and Sec. 402-2.4.C, or through the use of more stringent, alternate design criteria that conform to sound conservation and engineering practices. The Manual for Erosion and Sediment Control in Georgia is hereby incorporated by reference into this section. The plan for the land-disturbing activity must consider the interrelationship of the soil types, geological and hydrological characteristics, topography, watershed, vegetation, proposed permanent structures including roadways, constructed waterways, sediment control and stormwater management facilities, local ordinances and State laws. Maps, drawings, and supportive computations shall bear the signature and seal of the certified design professional. Persons involved in land development design, review, permitting, construction, monitoring, or inspections or any land-disturbing activity shall meet the education and training certification requirements, dependent on their level of involvement with the process, as developed by the Georgia State Soil and Water Conservation Commission and in consultation with the section and the stakeholder advisory board created pursuant to O.C.G.A. § 12-7-20.

2.Data required for the site plan includes all the information required from the appropriate erosion, sedimentation, and pollution control plan review checklist established by the Georgia State Soil and Water Conservation Commission as of January 1 of the year in which the land-disturbing activity was permitted.

Permits

1.Permits must be issued or denied as soon as practicable but in any event not later than 45 days after receipt by the local issuing authority of a completed application, providing variances and bonding are obtained, where necessary and all applicable fees have been paid before permit issuance. The permit must include conditions under which the activity may be undertaken.

2.No permit may be issued by the local issuing authority unless the erosion, sedimentation and pollution control plan has been approved by the Gwinnett Soil and Water Conservation District and the local issuing authority has Development affirmatively determined that the plan complies with this section, any variances required by Sec. 402-2.4.C.15 and Sec. 402-2.4.C.16, bonding requirements, if necessary, as per paragraph B.6 above are met and all ordinances and rules and regulations in effect within the jurisdictional boundaries of the local issuing authority are met. If the permit is denied, the reason for denial must be furnished to the applicant.

3.Any land-disturbing activities by a local issuing authority will be subject to the same requirements of this section, and any other ordinances relating to land development, as are applied to private persons and the division shall enforce such requirements upon the local issuing authority.

4.If the tract is to be developed in phases, then a separate permit will be required for each phase.

5.The permit may be suspended, revoked, or modified by the local issuing authority, as to all or any portion of the land affected by the plan, upon finding that the holder or their successor in the title is not in compliance with the approved erosion and sedimentation control plan or that the holder or their successor in title is in violation of this section. A holder of a permit shall notify any successor in title to him as to all or any portion of the land affected by the approved plan of the conditions contained in the permit.

6.The LIA may reject a permit application if the applicant has had two or more violations of previous permits or the Erosion and Sedimentation Act permit requirements within 3 years before the date of the application, in light of O.C.G.A. § 12-7-7(f)(1).

Inspection and Enforcement Inspection and Enforcement

1.The City inspector will periodically inspect the sites of land-disturbing activities for which permits have been issued to determine if the activities are being conducted in accordance with the plan and if the measures required in the plan are effective in controlling erosion and sedimentation. Also, the local issuing authority will regulate primary, secondary and tertiary permittees as such terms are defined in the State general permit. Primary permittees will be responsible for the installation and maintenance of best management practices where the primary permittee is conducting land-disturbing activities.

Secondary permittees will be responsible for the installation and maintenance of best management practices where the secondary permittee is conducting land-disturbing activities. Tertiary permittees will be responsible for installation and maintenance where the tertiary permittee is conducting land-disturbing activities. If, through inspection, it is deemed that a person engaged in land-disturbing activities as defined herein has failed to comply with the approved plan, with permit conditions, or with the provisions of this section, a written notice to comply must be served upon that person. The notice must set forth the measures necessary to achieve compliance and must state the time within which such measures must be completed. If the person engaged in the land-disturbing activity fails to comply within the time specified, he shall be deemed in violation of this section.

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2.The local issuing authority must amend its ordinances to the extent appropriate within 12 months of any amendments to the Erosion and Sedimentation Act of 1975.

3.The City of Snellville shall have the power to conduct such investigations as it may reasonably deem necessary to carry out duties as prescribed in this section, and for this purpose to enter at reasonable times upon any property, public or private, for the purpose of investigation and inspecting the sites of land-disturbing activities.

4.No person may refuse entry or access to any authorized representative or agent of the local issuing authority, the Georgia State Soil and Water Conservation Commission, the Gwinnett Soil and Water Conservation District, or division who requests entry for the purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying outtheirofficial duties.

5.The Gwinnett Soil and Water Conservation District or the Georgia State Soil and Water Conservation Commission or both will semi-annually review the actions of counties and municipalities which have been certified as local issuing authorities pursuant to O.C.G.A. § 12-7-8(a). The Gwinnett Soil and Water Conservation District or the Georgia State Soil and Water Conservation Commission or both may provide technical assistance to any county or municipality for the purpose of improving the effectiveness of the county's or municipality's erosion, sedimentation, and pollution control program. The Gwinnett Soil and Water Conservation District or the Georgia State Soil and Water Conservation Commission shall notify the division and request investigation by the division if any deficient or ineffective local program is found.

6.The division may periodically review the actions of counties and municipalities which have been certified as local issuing authorities pursuant to O.C.G.A. § 12-7-8(a). Such review may include, but is not limited to, review of the administration and enforcement of a governing authority's ordinance and review of conformance with an agreement, if any, between the Gwinnett Soil and Water Conservation District and the governing authority. If such review indicates that the governing authority of any county or municipality certified pursuant to O.C.G.A. § 12-7-8(a) has not administered or enforced its ordinances or has not conducted the program in accordance with any agreement entered into pursuant to O.C.G.A. § 12-7-7(e), the division must notify the governing authority of the county or municipality in writing. The governing authority of any county or municipality so notified will have 90 days within which to take the necessary corrective action to retain certification as a local issuing authority. If the county or municipality does not take necessary corrective action within 90 days after notification by the division, the division will revoke the certification of the county or municipality as a local issuing authority.

Penalties and Incentives Failure to Obtain a Permit for Land Disturbing Activity Development If any person commences any land-disturbing activity requiring a land-disturbing permit as prescribed in this section without first obtaining said permit, the person will be subject to revocation of their business license, work permit or other authorization for the conduct of a business and associated work activities within the jurisdictional boundaries of the local issuing authority.

Stop Work Orders

1.For the first and second violations of the provisions of this section, the Director or the local issuing authority must issue a written warning to the violator. The violator will have 5 days to correct the violation. If the violation is not corrected within 5 days, the Director or the local issuing authority must issue a stop-work order requiring that land-disturbing activities be stopped until necessary corrective action or mitigation has occurred; provided, however, that, if the violation presents an imminent threat to public health or waters of the State or if the land-disturbing activities are conducted without obtaining the necessary permit, the Director or the local issuing authority must issue an immediate stop-work order in lieu of a warning.

2.For a third and each subsequent violation, the Director or the local issuing authority must issue an immediate stop-work order.

3.All stop-work orders will be effective immediately upon issuance and will be in effect until the necessary corrective action or mitigation has occurred.

4.When a violation in the form of taking action without a permit, failure to maintain a stream buffer, or significant amounts of sediment, as determined by the local issuing authority or by the Director, have been or are being discharged into State waters and where best management practices have not been properly designed, installed and maintained, a stop-work order shall be issued by the local issuing authority or by the Director. All such stop-work orders shall be effective immediately upon issuance and shall be in effect until the necessary corrective action or mitigation has occurred. Such stop-work orders will apply to all land-disturbing activity on the site except for the installation and maintenance of temporary or permanent erosion and sediment controls.

Bond Forfeiture If, through inspection, it is determined that a person engaged in land-disturbing activities has failed to comply with the approved plan, a written notice to comply must be served upon that person. The notice must set forth the measures necessary to achieve compliance with the plan and must state the time within which such measures must be completed. If the person engaged in the land-disturbing activity fails to comply within the time specified, he will be deemed in violation of this section and, in addition to other penalties, shall be deemed to have forfeited their performance bond, if required to post one under the provisions of Sec. 402-2.5.B.6. The local issuing authority may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance.

Monetary Penalties 2023 Any person who violates any provisions of this section, or any permit condition or limitation established pursuant to this section, or who negligently or intentionally fails or refuses to comply with any final or emergency order of the Director issued as provided in this section shall be liable for a civil penalty not to exceed $2,500.00 per day. For the purpose of enforcing the provisions of this section, notwithstanding any provisions in any City Charter to the contrary, municipal courts will be authorized to impose a penalty not to exceed $2,500.00 for each violation. Notwithstanding any limitation of law as to penalties which can be assessed for violations of County ordinances, any magistrate court or any other court of competent jurisdiction trying cases brought as violations of this section under County ordinances approved under this section will be authorized to impose penalties for such violations not to exceed $2,500.00 for each violation. Each day during which violation or failure or refusal to comply continues shall be a separate violation.

Education and Certification Persons involved in land development design, review, permitting, construction, monitoring, or inspection or any land-disturbing activity must meet the education and training certification requirements, dependent on their level of involvement with the process, as developed by the Georgia State Soil and Water Conservation Commission in consultation with the division and the stakeholder advisory board created pursuant to O.C.G.A. § 12-7-20.

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

Persons or entities involved in projects not requiring a State general permit but otherwise requiring certified personnel on-site may contract with certified persons to meet the requirements of this section.

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

Development Appeals Administrative Remedies The suspension, revocation, modification, or grant with condition of a permit by the local issuing authority upon finding that the holder is not in compliance with the approved erosion, sediment, and pollution control plan; or that the holder is in violation of permit conditions; or that the holder is in violation of any ordinance;

will entitle the person submitting the plan or holding the permit to a hearing before the board of zoning appeals within 30 days after receipt by the local issuing authority of written notice of appeal.

Judicial Review Any person, aggrieved by a decision or order of the local issuing authority, after exhausting their administrative remedies, shall have the right to appeal de novo to the Superior Court of Gwinnett County.

Liability Neither the approval of a plan under the provisions of this section, nor the compliance with provisions of this section shall relieve any person from the responsibility for damage to any person or property otherwise imposed by law nor impose any liability upon the local issuing authority or the Gwinnett Soil and Water Conservation District for damage to any person or property.

The fact that a land-disturbing activity for which a permit has been issued results in injury to the property of another neither constitutes proof of nor creates a presumption of a violation of the standards provided for in this section or the terms of the permit.

No provision of this section permits any persons to violate the Georgia Erosion and Sedimentation Act of 1975, the Georgia Water Quality Control Act or the rules and regulations promulgated and approved thereunder or pollute any waters of the State as defined thereby.

2023 Chapter 400. Land Development Article 3. Environmental Protection Table of Contents

Table or figure — shown as printedverify at source ↗

Sec. 403-1. Stream Buffer Protection.............................................................. 400-66

Sec. 403-2. Wetlands ...................................................................................... 400-76

Sec. 403-3. Illicit Discharge and Illegal Connection ........................................ 400-77

Sec. 403-4. Floodplain Protection ................................................................... 400-85