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Snellville › Unified Development Ordinance

Chapter 400 — Land Development, Article 3 — Environmental Protection

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§ 403-1

Stream Buffer Protection

Chapter 400. Land Development Article 3. Environmental Protection Stream Buffer Protection Title This section is known as the “City of Snellville Stream Buffer Protection Ordinance."

Findings and Purposes Findings

1.Whereas, the City Council finds that stream buffers provide numerous benefits including:
2.Protecting, restoring and maintaining the chemical, physical and biological integrity of streams and their water resources.
3.Removing pollutants delivered in urban stormwater.
4.Reducing erosion and controlling sedimentation.
5.Protecting and stabilizing stream banks.
6.Providing for infiltration of stormwater runoff.
7.Maintaining base flow of streams.
8.Contributing organic matter that is a source of food and energy for the aquatic ecosystem.
9.Providing tree canopy to shade streams and promote desirable aquatic habitat.

10.Providing riparian wildlife habitat.

11.Furnishing scenic value and recreational opportunity.

12.Providing opportunities for the protection and restoration of greenspace.

Purposes It is the purpose of this section to protect the public health, safety, environment, and general welfare; to minimize public and private losses due to erosion, siltation and water pollution; and to maintain stream water quality by provisions designed to:

1.Create buffer zones along the streams of the city for the protection of water resources; and,
2.Minimize land development within such buffers by establishing buffer zone requirements and by requiring authorization for any such activities.

Applicability General This section applies to all land development activities on property containing a stream protection area. These requirements are in addition to, and do not replace or supersede, any other applicable stream buffer requirements established under State law and approval or exemption from these requirements do not constitute approval or exemption from stream buffer requirements established under State law or from other applicable local, State, or federal regulations.

Grandfather Provisions This section does not apply to the following activities:

1.Work consisting of the repair or maintenance of any lawful use of land that is zoned and approved for such use on or before the effective date of this UDO.
2.Existing development and on-going land disturbance activities including but not limited to existing agriculture, silviculture, landscaping, gardening and lawn maintenance, except that new development or land disturbance activities on such properties are subject to all applicable stream buffer requirements.
3.Any land development activity that is under construction, fully approved for development, scheduled for permit approval or has been submitted for approval as of the effective date of this UDO.
4.Land development activity that has not been submitted for approval, but that is part of a larger master development plan, such as for an office park or other phased development that has been previously approved within 2 years of the effective date of this UDO.

Exemptions The following specific activities are exempt from this section. Exemption of these activities does not constitute an exemption for any other activity proposed on a property.

1.Activities for the purpose of building one of the following:
a.A stream crossing by a driveway, transportation route or utility line;
b.Public water supply intake or public wastewater outfall structures;
c.Intrusions necessary to provide access to a property;
d.Public access facilities that must be on the water including boat ramps, docks, foot trails leading directly to the river, fishing platforms and overlooks;
e.Unpaved foot trails and paths;
f.Activities to restore and enhance stream bank stability, vegetation, water quality and/or aquatic habitat, so long as native vegetation and bioengineering techniques are used;
g.Stormwater outfalls to the stream, by pipe or channel, necessary to protect the buffer from erosion caused by high flow velocities due to steep slopes.
2.Public sewer line easements paralleling the creek, except that all easements (permanent and construction) and land disturbance should be at least 25 feet from the top of the bank. This includes such impervious cover as is necessary for the operation and maintenance of the utility, including but not limited to manholes, vents and valve structures. This exemption shall not be construed as allowing the construction of roads, bike paths or other transportation routes in such easements, regardless of paving material, except for access for the uses specifically cited in this section.
3.Land development activities within a right-of-way existing at the time this section takes effect or approved under the terms of this section.
4.Within an easement of any utility existing at the time this section takes effect or approved under the terms of this section, land disturbance activities and such impervious cover as is necessary for the operation and maintenance of the utility, including, but not limited to manholes, vents, and valve structures.
5.Emergency work necessary to preserve life or property. However, when emergency work is performed under this section, the person performing it must report such work to the Department on the next business day after the commencement of the work. Within 10 days thereafter, the person must apply for a permit and perform such work within such time period as may be determined by the Department to be reasonably necessary to correct any impairment such emergency work may have caused to the water conveyance capacity, stability or water quality of the protection area.
6.Forestry and silviculture activities on land that is zoned for forestry, silvicultural or agricultural uses and are not incidental to other land development activity.

If such activity results in land disturbance in the stream buffer that would otherwise be prohibited, then no other land disturbing activity other than normal forest management practices are allowed on the entire property for 3 years after the end of the activities that intruded on the stream buffer.

7.Exemption of these activities does not constitute an exemption for any other activity proposed on a property.

Land Development within Buffer Any land development activity within a stream buffer established hereunder or any impervious cover within a setback established hereunder is prohibited unless a variance is granted pursuant to this section.

Land Development Requirements Stream Buffer and Setback Requirements All land development activity subject to this section must meet the following requirements:

1.An undisturbed natural vegetative stream buffer must be maintained for 50 feet, measured horizontally, on both banks (as applicable) of the stream as measured from the top of the stream bank.
2.An additional setback must be maintained for 25 feet, measured horizontally, beyond the undisturbed natural vegetative stream buffer, in which all impervious cover is prohibited. Grading, filling and earthmoving must be minimized within the setback.
3.No septic tanks or septic tank drain fields are permitted within the stream buffer or the setback.

Relief

1.Relief from the requirements of this section may only be granted as provided for in paragraphs C and D below.
2.Requests for relief from the requirements of this section must be submitted on an application form provided by the Director, along with required fees.

Administrative variances Administrative variances from the requirements of this section on single-family residential lots of record platted before May 23, 2005, may be granted if the applicant submits a residential site drainage plan approved by the Director, in accordance with the following:

1.The lot or parcel’s shape, topography, or other existing physical condition prevents land development consistent with this section, and the Director finds and determines that the requirements of this section prohibit the otherwise lawful use of the property by the owner.
2.If a variance is requested from the required 50-foot undisturbed natural vegetative stream buffer, the request is for 10% or less (5 feet or less) of the required buffer.
3.If a variance is requested from the required, additional 25-foot impervious surface setback, the request is for 20% or less (5 feet or less) of the required, additional setback, and no impervious cover is proposed within the reduced, additional setback.
4.If an applicant is requesting a variance from both the undisturbed natural vegetative stream buffer and the required, additional 25-foot impervious surface setback, and the requests meet all the criteria listed above, the Director may grant an administrative variance for both requests.
5.Additional water quality treatment practices appropriate for single-family residential lots, such as the incorporation of bio-retention areas, pervious paving that is at least 40% pervious, and sustainable landscaping, may be allowed by approval of the Director.

Other variances The Director will coordinate the review of each variance request with all other affected City departments and must forward such comments or recommendations as may be received to the Board of Appeals for action in their normal course of business.

Variances from the requirements of this section, except as provided for in “C”

above, may only be granted in accordance with the following:
1.Where a lot was platted before May 23, 2005, and its shape, topography or other existing physical condition prevents land development consistent with this section, and the Director finds and determines that the requirements of this section prohibit the otherwise lawful use of the property by the owner, the Board of Appeals may grant a variance from the buffer and setback requirements hereunder, provided such variance requires mitigation measures to offset the effects of any proposed land development on the lot.
2.Except as provided above, the Board of Appeals may grant no variance from any provision of this section without first conducting a public hearing on the application for a variance and authorizing the granting of the variance by an affirmative vote of the Board of Appeals. The City must give public notice of each such public hearing in a newspaper of general circulation within the city.

The City must require that the applicant post a sign giving notice of the proposed variance and the public hearing. The sign must be of a size and posted in such a location on the property as to be clearly visible from the primary adjacent road right-of-way.

Variances will be considered only in the following cases:
a.When a property's shape, topography or other physical conditions existing at the time of the adoption of this section prevents land development unless a stream buffer variance is granted.
b.Unusual circumstances when strict adherence to the minimal stream buffer requirements in the ordinance would create an extreme hardship.
3.Variances will not be considered when, following the adoption of this section, actions of any property owner of a given property have created conditions of hardship on that property.
a.At a minimum, a variance request must include the following information:
b.A site map that includes locations of all streams, wetlands, floodplain boundaries, and other natural features, as determined by field survey;
c.A description of the shape, size, topography, slope, soils, vegetation and other physical characteristics of the property;
d.A detailed site plan that shows the locations of all existing and proposed structures and other impervious covers, the limits of all existing and proposed land disturbance, both inside and outside the stream buffer and setback. The exact area of the stream buffer to be affected must be accurately and clearly indicated;
e.Documentation of unusual hardship should the stream buffer be maintained;
f.At least one alternative plan, which does not include a stream buffer or setback intrusion, or an explanation of why such a site plan is not possible;
g.A calculation of the total area and length of the proposed intrusion;
h.A stormwater management site plan, if applicable; and,
i.Proposed mitigation, if any, for the intrusion. If no mitigation is proposed, the request must include an explanation of why none is being proposed.
4.The following factors will be considered in determining whether to issue a variance:
a.The shape, size, topography, slope, soils, vegetation and other physical characteristics of the property;
b.The locations of all streams on the property, including along property boundaries;
c.The location and extent of the proposed stream buffer or setback intrusion;

and,

d.Whether alternative designs are possible which require less intrusion or no intrusion;
e.The long-term and construction water-quality impacts of the proposed variance;
f.Whether issuance of the variance is at least as protective of natural resources and the environment.

Big Haynes Creek Watershed Applicability In addition to the provisions of this section, the following requirements apply.

Whichever provisions are more restrictive or impose higher protective standards for human health or the environment will be considered to take precedence.

Variances The variance procedures of this section do not apply here. Applicable variances are outlined in paragraph E below.

Authority This regulation is adopted pursuant to the Georgia Department of Natural Resources Rules for Environment Planning Criteria.

Requirements Within the designated Big Haynes Creek and Watershed Protection Area the following additional stream protection requirements must be met where applicable:

1.Natural buffer zones and setbacks for impervious surfaces are required adjacent to both sides of perennial streams as measured from the stream bank as follows:

Distance to Water Supply Intake or Water Supply Minimum Minimum Reservoir* Buffer Impervious Surface Setback (Big Haynes Creek Watershed) 100 feet 150 feet Within 7 Mile Radius (Big Haynes Creek) 50 feet 75 feet Outside 7 Mile Radius *Radial distances as measured upstream of a governmentally owned public drinking water supply intake or water supply reservoir.

2.Septic tanks and septic tank drainfields are prohibited within the required setback area. Utilities are exempt from the above stream buffer and setback provisions in accordance with the following conditions if the utilities to be located in the stream buffer or setback areas cannot feasibly be located outside these areas: The utilities must be located as far from the stream bank as reasonably possible, except that all easements (permanent and construction) and land disturbance should be at least 25 feet from the top of bank.
a.The installation and maintenance of the utilities must be such as to protect the integrity of the stream buffer and setback areas as best as reasonably possible.
b.Roadways, bridges, and drainage structures may encroach upon required stream buffers and setbacks where such structures are necessary to provide access. Such roadways and bridges must cross streams perpendicularly where reasonably possible. The number of such stream crossings and associated structures must be minimized to the greatest extent possible.

Lots of Record All lots or parcels of record as of October 28, 1997, in the Big Haynes Creek Watershed and all lots or parcels which have been submitted by way of preliminary plat and approved by the Department in accord with the provisions of the 1985 Zoning Resolution of Gwinnett County, as of October 28, 1997, within the Big Haynes Creek Watershed, that are made unbuildable by the stream buffer and setback provisions, may still be developed on a case-by-case basis. Requests for development of these lots must be made to the Director as administrative variances. If development is allowed, the maximum possible impervious surface setback and stream buffer width, given the configuration of the lot, must be maintained.

Compatibility with Other Buffers This section is not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute or other provision of law. The requirements of this section should be considered minimum requirements, and where any provision of this section imposes restrictions different from those imposed by any other ordinance, rule, regulation or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment will be considered to take precedence.

Additional Information Required Any permit applications for a property requiring stream buffers and setbacks hereunder must include the following:

A site plan showing:
1.The location of all streams on the property;
2.Limits of required stream buffers and setbacks on the property;
3.Stream buffer zone topography with contour lines at no greater than 5-foot contour intervals;
4.Delineation of forested and open areas in the stream buffer zone; and,
5.Detailed plans of all proposed land development in the stream buffer and of all proposed impervious cover within the setback;

A description of all proposed land development within the stream buffer and setback; and Any other documentation that the Department may reasonably deem necessary for review of the application and to ensure that the stream buffer zone ordinance is addressed in the approval process.

All stream buffer and setback areas must be recorded on the final plat of the property following plan approval.

Responsibility Neither the issuance of a development permit nor compliance with the conditions thereof, nor with the provisions of this section relieves any person from any responsibility otherwise imposed by law for damage to persons or property; nor will the issuance of any permit hereunder serve to impose any liability upon the City, its officers or employees, for injury or damage to persons or property.

Administration Inspection

1.The Department may cause inspections of the work in the stream buffer or setback to be made periodically during the course thereof and must make a final inspection following completion of the work. The permittee must assist the Department in making such inspections. The City will have the authority to conduct such investigations as it may reasonably deem necessary to carry out its duties as prescribed in this section, and for this purpose to enter at reasonable time upon any property, public or private, for the purpose of investigating and inspecting the sites of any land development activities within the protection area.
2.No person may refuse entry or access to any authorized representative or agent who requests entry for purposes of inspection, and who presents appropriate credentials, nor may any person obstruct, hamper or interfere with any such representative while in the process of carrying out official duties.

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

1.Notice of violation. If the Department determines that an applicant or other responsible party has failed to comply with the terms and conditions of a permit, an approved site plan or the provisions of this section, it must issue a written notice of violation to such applicant or another responsible party.

Where a person is engaged in an activity covered by this section without having first secured the appropriate permit therefor, the notice of violation shall be served on the owner or the responsible party in charge of the activity being conducted on the site.

The notice of violation must contain:
a.The name and address of the owner or the applicant or the responsible party;
b.The address or other description of the site upon which the violation is occurring;
c.A statement specifying the nature of the violation;
d.A description of the remedial measures necessary to bring the action or inaction into compliance with the permit, the approved site plan or this section and the date for the completion of such remedial action;
e.A statement of the penalty or penalties that may be assessed against the person to whom the notice of violation is directed; and
f.A statement that the determination of violation may be appealed to the Board of Appeals by filing a written notice of appeal within 30 days after the notice of violation (except that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours' notice will be sufficient).
2.Penalties. In the event the remedial measures described in the notice of violation have not been completed by the date set forth for such completion in the notice of violation, any one or more of the following actions or penalties may be taken or assessed against the person to whom the notice of violation was directed. Before taking any of the following actions or imposing any of the following penalties, the Department must first notify the applicant or other responsible party in writing of its intended action and must provide a reasonable opportunity, of not less than 10 days (except that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours' notice will be sufficient) to cure such violation. In the event the applicant or other responsible party fails to cure such violation after such notice and cure period, the Department may take any one or more of the following actions or impose any one or more of the following penalties.
a.Stop work order. The Department may issue a stop work order which must be served on the applicant or another responsible party. The stop work order must remain in effect until the applicant or other responsible party has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein, provided the stop work order may be withdrawn or modified to enable the applicant or another responsible party to take necessary remedial measures to cure such violation or violations.
b.Withhold certificate of occupancy. The Department may refuse to issue a certificate of occupancy for the building or other improvements constructed or being constructed on the site until the applicant or other responsible party has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein.
c.Suspension, revocation or modification of permit. The Department may suspend, revoke or modify the permit authorizing the land development project. A suspended, revoked or modified permit may be reinstated after the applicant or other responsible party has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein, provided such permit may be reinstated (upon such conditions as the Department may deem necessary) to enable the applicant or another responsible party to take the necessary remedial measures to cure such violations.
d.Civil penalties. In the event the applicant or other responsible party fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within 10 days (or such greater period as the Department may deem appropriate) (except that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours' notice will be sufficient) after the Department has taken one or more of the actions described above, the Department may impose a penalty not to exceed $1,000.00 (depending on the severity of the violation) for each day the violation remains unremedied after receipt of the notice of violation.
e.Criminal penalties. For intentional and flagrant violations of this section, the Department may issue a citation to the applicant or another responsible party, requiring such person to appear in the City municipal court to answer charges for such violation. Upon conviction, such a person will be punished by a fine not to exceed $1,000.00, or imprisonment for 60 days or both.

Each act of violation and each day upon which any violation occurs will constitute a separate offense.

§ 403-2

Wetlands

Wetlands Official Wetlands Map The National Wetland Inventory Maps, prepared by the United States Fish and Wildlife Service, is the official wetland maps of the City of Snellville. These maps show the general locations of wetlands and should be consulted by persons contemplating activities in or near wetland areas.

Plans Wetlands Indicated Design professionals, after consulting the National Wetland Inventory Maps, must indicate wetlands on plans required for land disturbance permit applications.

Design professional statement Before the issuance of a land disturbance permit, the design professional who prepared the required plans accompanying the permit application, must add a statement to the plan sheet indicating land disturbance and the statement must read as follows:

Wetland Certification:

The design professional, whose seal appears hereon, certifies the following: 1) the National Wetland Inventory Maps have been consulted; and, 2) the appropriate plan sheet □ DOES / □ DOES NOT (mark appropriate box) indicate areas of United States Army Corps of Engineers jurisdictional wetlands as shown on the maps;

and, 3) if wetlands are indicated, the land owner or developer has been advised that land disturbance of protected wetlands shall not occur unless the appropriate federal wetlands alteration ("section 404") permit has been obtained.

§ 403-3

Illicit Discharge and Illegal Connection

Illicit Discharge and Illegal Connection Title This section is known as the "Illicit Discharge and Illegal Connection Ordinance."

Findings and Purpose Findings It is hereby determined that:

1.Discharges to the municipal separate storm sewer system that are not composed entirely of stormwater contribute to increased nonpoint source pollution and degradation of receiving waters;
2.The municipal separate storm sewer system was designed and installed to manage stormwater so as to prevent localized flooding, damage to property and risk to public safety;
3.The municipal separate storm sewer system was not designed or installed as a receiving system for non-stormwater discharges; these non-stormwater discharges occur due to spills, dumping and improper connections to the municipal separate storm sewer system from residential, industrial, commercial or institutional establishments;
4.These non-stormwater discharges not only impact local waterways individually but geographically dispersed, small volume non-stormwater discharges can have cumulative impacts on receiving waters;
5.The impacts of these non-stormwater discharges adversely affect public health and safety, drinking water supplies, recreation, fish and other aquatic life, property values and other uses of lands and waters;
6.These impacts can be minimized through the regulation of spills, dumping and discharges into the municipal separate storm sewer system;
7.Localities in the State of Georgia are required to comply with a number of State and federal laws, regulations and permits which require a locality to address the impacts of nonpoint source pollution due to improper non-stormwater discharges to the municipal separate storm sewer system;
8.The Clean Water Act requires the management and maintenance of the municipal separate storm sewer system and the management of discharges to that system;
9.Therefore, in order to prohibit such non-stormwater discharges to the municipal separate storm sewer system, it is determined that the regulation of spills, improper dumping, and discharges to the municipal separate storm sewer system is in the public interest and will prevent threats to public health and safety, and the environment.

Purposes The purpose of this section is to protect the public health, safety, environment, and general welfare through the regulation of non-stormwater discharges to the municipal separate storm sewer system to the maximum extent practicable as required by federal law. This section establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this section are to:

1.Comply with all Georgia Department of Natural Resources (DNR) and federal Environmental Protection Agency (EPA) stormwater regulations developed pursuant to the Clean Water Act; and
2.Regulate the contribution of pollutants to the municipal separate stormwater system by any person.
3.Prohibit illicit discharges and illegal connections to the municipal separate storm sewer system; and
4.Prevent non-stormwater discharges, generated as a result of spills, inappropriate dumping or disposal, to the municipal separate storm sewer system; and
5.To establish legal authority to carry out all inspection, surveillance, monitoring and enforcement procedures necessary to ensure compliance with this section.

Administration The Department of Planning and Development administers, implements, and enforces the provisions of this section and any procedures, standards, and guidelines established under the authority of this section. Such power includes the right to maintain an action or procedure in any court of competent jurisdiction to compel compliance with or restrain any violation of this section.

The Department is responsible for the conservation, management, maintenance (where applicable), extension and improvement of the municipal separate storm sewer system, including activities necessary to control stormwater and activities necessary to administer and implement the stormwater management programs incorporated by reference into the City's NPDES stormwater permit.

The Department may develop, and update periodically, a stormwater management design manual for the guidance of persons preparing stormwater management plans, designing or operating stormwater management systems, and designing or operating facilities that may contribute non-stormwater discharges to the municipal's separate storm sewer system.

The Department may:
1.Establish or oversee the establishment of standards and guidelines for controlling stormwater; and
2.Determine the manner in which conveyances should be operated; and
3.Inspect private systems which discharge to the municipal separate storm sewer system; and
4.Advise other departments on issues related to stormwater; and
5.Protect facilities and premises controlled by the City and prescribe how they are to be used by others; and
6.Require facilities or activities that create new, increased, or significantly changed stormwater contributions to the municipal's separate storm sewer system to comply with the terms of this section; and
7.Develop programs or procedures to control the discharge of pollutants into the municipal separate storm sewer system.

Prohibition of Illicit Discharges It is a violation of this section for any person to throw, drain, or otherwise discharge, cause, or allow others under its control to throw, drain, or otherwise discharge into the municipal separate storm sewer system any pollutants or waters containing any pollutants, other than stormwater.

Discharges from the following sources are exempt from the prohibition in Paragraph A immediately above:

1.Water line flushing performed by a government agency, other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising groundwater, groundwater infiltration to storm drains, uncontaminated pumped groundwater, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, natural riparian habitat or wetland flows, and any other water source not containing pollutants;
2.Discharges or flows from firefighting, and other discharges specified in writing by the City as being necessary to protect public health and safety.

Illegal Connection Prohibition It is a violation of this section for any person to construct, connect, use, maintain, or allow the continued existence of any illegal connection to the municipal separate storm sewer system.

This prohibition expressly includes, without limitation, illegal connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.

Illegal connections must be disconnected. The Department may require that illegal connections be disconnected and redirected if necessary, to an approved on-site sewage management system or the sanitary sewer system. Such redirected connections must be approved by the agency responsible for administering and operating those systems.

The Department may require any underground or above-ground pipe, drain or other conduit, that has not been documented in plans, maps or equivalent, and which may be connected to the municipal's separate storm sewer system, to be located by the owner or occupant of that property upon receipt of written notice from the Department. Such notice must specify a reasonable time period within which the location of the drain or conveyance is to be completed, that the drain or conveyance be identified as storm sewer, sanitary sewer or other, and that the outfall location or point of connection to the storm sewer system, sanitary sewer system or other discharge point be identified. The results of these investigations are to be documented and provided to the Department. Failure to comply with the terms of the written notice mentioned here will constitute a violation of this section.

Industrial or Construction Discharges Any person subject to an industrial or construction activity NPDES stormwater discharge permit must comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the City before allowing discharges to the municipal separate storm sewer system.

Access and Inspection Access and inspection.

The Director is permitted to enter and inspect premises, properties, and facilities at reasonable times as often as may be necessary to determine compliance with this section.

1.If a property or facility has security measures in force, which require proper identification and clearance before entry into its premises, the owner or operator must make the necessary arrangements to allow access to the Director.
2.The owner or operator must allow the Director ready access to all parts of the premises for the purposes of inspection, investigation, observation, monitoring, measurement, recording, enforcement, sampling, and testing, photography and videotaping for the purpose of ensuring compliance with the provisions of this section. The owner or operator must allow the Director to examine and copy any records that are required under the conditions of an NPDES permit. The Director must duly notify the owner of said property or the representative on-site, except in the case of an emergency.
3.The Director has the right to set up on any premises, property or facility such devices as are necessary in their opinion to conduct monitoring and/or sampling of discharges.
4.The Director may require the owner or operator to install monitoring equipment and perform monitoring as necessary and make the monitoring data available to the Department. This sampling and monitoring equipment must be maintained at all times in a safe and proper operating condition by the owner or operator at his/her own expense. All devices used to measure flow and quality must be calibrated to ensure their accuracy. Measurements, tests and analyses performed must be completed in accordance with 40 CFR Part 136, unless the Director approves another method.
5.Any temporary or permanent obstruction to safe and easy access to the premises, property or facility to be inspected and/or sampled must be promptly removed by the owner or operator at the written or oral request of the Director and may not be replaced. The costs of clearing such access must be borne by the owner or operator.
6.Unreasonable delays in allowing the Director access to a facility, property or premises will constitute a violation of this section.
7.If the Director has been refused access to any part of a premises, property or facility from which stormwater is or would likely be discharged, and the Director is able to demonstrate probable cause to believe that there may be a violation of this section, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this section or any order issued hereunder, or to protect the overall public health, safety, environment and welfare of the community, then the Department may seek issuance of a search warrant from any court of competent jurisdiction.

Schedule The Director may determine inspection schedules necessary to enforce the provisions of this section.

Notification of Accidental Discharges and Spills Notwithstanding other requirements of law, as soon as any person responsible for a facility, activity or operation, or responsible for emergency response for a facility, activity or operation has information of any known or suspected release of pollutants or non-stormwater from that facility or operation which is resulting or may result in a discharge of those pollutants or non-stormwater into the municipal separate storm sewer system, State waters, or waters of the United States, said person must take all necessary steps to ensure the discovery, containment, and cleanup of such release so as to minimize the effects of the discharge.

Said person must notify the Department within the requirements of the City’s Municipal Separate Storm Sewer System (MS4) Permit Enforcement Response Plan (ERP), or the timeline contained in this UDO in Sec. 402-4.8 C., whichever is more stringent.

Said person must notify the Department by phone, facsimile or in-person within 24 hours of discovering the discharge. Such notification must detail the nature, quantity and time of occurrence of the discharge. Notifications in person or by phone must be confirmed by written notice addressed and mailed to the Department within 3 business days of the phone or in-person notice. If the discharge emanates from a commercial or industrial establishment, the owner or operator of such establishment must also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records must be retained for at least 3 years. Said person must also take immediate steps to ensure no recurrence of the discharge or spill.

In the event of such a release of hazardous materials, emergency response agencies and/or other appropriate agencies must be immediately notified.

Failure to provide notification of a release or discharge as provided above is a violation of this section.

Violations, Enforcement, and Penalties Violations

1.It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this section. Any person, who has violated or continues to violate the provisions of this section, may be subject to the enforcement actions outlined in it. Each day of noncompliance is considered a separate offense. The Department may institute appropriate action or proceedings at law or equity for the enforcement of this section. Any court of competent jurisdiction may have the right to issue restraining orders, temporary or permanent injunctions, and other appropriate forms of remedy or relief.

Nothing herein contained will prevent the Department from taking such other lawful action as is necessary to prevent or remedy any violation, including an application for injunctive relief.

2.In the event the violation constitutes an immediate danger to public health or public safety, the Department has the right but not the duty, to enter upon the subject private property or premises, without giving prior notice, and take any and all measures necessary to abate the violation and/or restore the property.

The Department is authorized to seek costs of the abatement as outlined in paragraph E below.

Notice of Violation Whenever the Department finds that a violation of this section has occurred, the Department may order compliance by written notice of violation.

1.The notice of violation must contain:
a.The name and address of the alleged violator; and
b.The address when available or a description of the building, structure, premises or land upon which the violation is occurring, or has occurred; and
c.A statement specifying the nature of the violation; and
d.A description of the remedial measures necessary to restore compliance with this section and a time schedule for the completion of such remedial action; and
e.A statement of the penalty or penalties that will or may be assessed against the person to whom the notice of violation is directed; and
f.A statement that the determination of violation may be appealed to the Department by filing a written notice of appeal within 30 days of service of notice of violation.
2.Such notice of violation may require without limitation:
a.The performance of monitoring, analysis, and reporting;
b.The elimination of illicit discharges and illegal connections;
c.That violations must cease and desist;
d.The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
e.Payment of costs to cover administrative and abatement costs; and
f.The implementation of pollution prevention practices; and
g.The development and provision to the Department of written remediation or action plans; and
h.The development and provision to the department of documents showing the location and discharge points of conveyances, pipes, channels, or drains; and
i.Any other actions that will lead to the remedy of a condition of the violation.

Appeal of Notice of Violation Any person receiving a notice of violation may appeal the determination of the Director. The notice of appeal must be received by the Department within 30 days from the date of the notice of violation. Hearing on the appeal before the Director will take place within 15 days from the date of receipt of the notice of appeal. The decision of the Director will be final.

Enforcement Measures If the violation has not been corrected pursuant to the requirements set forth in the notice of violation or, in the event of an appeal, within 3 days of the decision of the Director upholding the decision of the Director, then, in addition to any other remedies that may be available, representatives of the Department or its contractors may enter upon the subject private premises, property or facility, where they are then authorized to take any and all actions or measures necessary to abate the violation and/or restore the property. Such measures or actions include but not be limited to repairs, maintenance, containment, cleanup, and remediation. It is unlawful for any person, owner, agent or person in possession of any premises, property or facility to refuse to allow the Department or designated contractor to enter upon the premises for the purposes set forth above.

Costs ff Abatement of The Violation

1.Within 10 business days after abatement of the violation by the department or its contractors, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the assessment or to the amount of the assessment within 10 business days of such notice. If the amount due is not paid within 30 days after receipt of the notice, or if an appeal is taken, within 30 days after a decision on said appeal, the charges must become a special assessment against the property and must constitute a lien on the property for the amount of the assessment.
2.Any person violating any of the provisions of this section will become liable to the City by reason of such violation.

Civil Penalties In the event the alleged violator fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within 10 days, or such greater period as the City deems appropriate, after the Department has taken one or more of the actions described above, the Department may impose a penalty not to exceed $1,000 (depending on the severity of the violation) for each day the violation remains unremedied after receipt of the notice of violation.

Criminal Penalties For violations of this section, the Department may issue a citation to the alleged violator requiring such person to appear in a court of competent jurisdiction to answer charges for such violation. Upon conviction, such person will be punished by a fine not to exceed $1,000.00 or imprisonment for 60 days or both. Each act of violation and each day upon which any violation occurs will constitute a separate offense.

Violations Deemed A Public Nuisance In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this section is a threat to public health, safety, welfare, and environment and is declared and deemed a nuisance, and may be abated by injunctive or other equitable relief as provided by law.

Remedies Not Exclusive

1.The remedies listed in this section are not exclusive of any other remedies available under any applicable federal, State, or local law and the Department may seek cumulative remedies.
2.The Department may recover attorney's fees, court costs, and other expenses associated with enforcement of section, including sampling and monitoring expenses. If the amount due is not paid within 30 days after receipt of a notice requiring payment of such costs, or if an appeal is taken, within 30 days after a decision on said appeal, the charges will become a special assessment against the property and will constitute a lien on the property for the amount of the assessment.
§ 403-4

Floodplain Protection

Floodplain Protection General Title This Section is known as the "City of Snellville Flood Damage Protection Ordinance" or “Flood Damage Protection Ordinance.”

Findings It is hereby determined that:

1.The flood hazard areas of the City of Snellville are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood relief and protection, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare;
2.Flood hazard areas can serve important stormwater management, water quality, streambank protection, stream corridor protection, wetland preservation, and ecological purposes when permanently protected as undisturbed or minimally disturbed areas;
3.Effective floodplain management and flood hazard protection activities can (1)

Protect human life and health; (2) Minimize damage to private property; (3)

Minimize damage to public facilities and infrastructure such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; and (4) Minimize expenditure of public money for costly flood control projects associated with flooding and generally undertaken at the expense of the general public; and,

4.Article IX, Section II of the Constitution of the State of Georgia and Section 36-1-20(a) of the Official Code of Georgia Annotated have delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry.

Therefore, the City of Snellville, Georgia, does ordain this section and establishes this set of floodplain management and flood hazard reduction policies for the purpose of regulating the use of flood hazard areas. It is determined that the regulation of flood hazard areas and the prevention of flood damage are in the public interest and will minimize threats to public health and safety, as well as to private and public property.

Requirements This section applies to all Special Flood Hazard Areas in the City of Snellville, as defined in this section and Chapter 100 of this UDO.

Statement of Purpose It is the purpose of this section to protect, maintain, and enhance the public health, safety, environment, and general welfare and to minimize public and private losses due to flood conditions in flood hazard areas, as well as to protect the beneficial uses of floodplain areas for water quality protection, streambank and stream corridor protection, wetlands preservation and ecological and environmental protection by provisions designed by:

1.Restrict or prohibit uses which are dangerous to health, safety, and property due to flooding or erosion hazards or which increase flood heights or velocities;
2.Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction or renovation;
3.Limit the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of floodwaters;
4.Control filling, grading, dredging and other development which may increase erosion or flood damage;
5.Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands; and,
6.Protect the stormwater management, water quality, streambank protection, stream corridor protection, wetland preservation and ecological functions of natural floodplain areas.

Flood Area Maps and Studies For the purposes of defining and determining “Areas of Special Flood Hazard,“ “Areas of Future-Conditions Flood Hazard,” “Areas of Shallow Flooding,” ”Base Flood Elevations,” “Floodplains,” “Floodways,” “Future-conditions Flood Elevations,” “Future conditions Floodplains,” potential flood hazard or risk categories as shown on FIRM maps, and other terms used in this section, the following documents and sources may be used for such purposes and are adopted by reference thereto:

1.The most recent Flood Insurance Study (FIS) and Flood Insurance Rate Map prepared by FEMA for the City, with accompanying maps and other supporting data and any revision thereto.
2.Other studies which may be relied upon for the establishment of the base flood elevation or delineation of the 100-year flood-prone areas including:
a.Any flood or flood-related study conducted by the United States Corps of Engineers or the United States Geological Survey or any local, State, or federal agency applicable to the City of Snellville.
b.Any base flood study authored by a currently registered professional engineer in the State of Georgia which has been prepared utilizing FEMA-approved methodology and approved by the City of Snellville Department of Planning and Development.
3.Other studies, which may be relied upon for the establishment of the future-conditions flood elevation or delineation of the future conditions flood-prone areas, including:
a.Any flood or flood-related study conducted by the United States Corps of Engineers, the United States Geological Survey or any other local, State, or federal agency applicable to the City of Snellville; and
b.Any future-conditions flood study conducted by a registered professional engineer in the State of Georgia which has been prepared utilizing FEMA approved methodology approved by the City of Snellville Department of Planning and Development.
4.The repository for public inspection of the FIS, accompanying maps and other supporting data is located at the following location:

The City of Snellville Department of Planning and Development 2342 Oak Road Snellville Ga, 30078 Interpretation

1.In the interpretation and application of this section all provisions will be:
a.Considered as minimum requirements;
b.Liberally construed in favor of the City of Snellville; and,
c.Deemed neither to limit nor repeal any other powers granted under State statutes.
2.Where interpretation is needed as to the exact location of floodplain or floodway boundaries (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Department of Planning and Development will make the necessary interpretation based on data submitted by the applicant. The person contesting the location of the boundary must be given a reasonable opportunity to appeal the interpretation as provided in this section.
3.Where flood plain elevations have been defined, the floodplain will be determined based on flood elevations rather than the area graphically delineated on the floodplain maps.

Drainage Easement Established On behalf of the public, a drainage easement is hereby established for the sole purpose of preserving and protecting the free flow of surface waters inside the future conditions flood contour elevations and along all watercourses. Where debris has accumulated in such a manner as would increase the need for flood protection, raise the flood level, or increase the risk of hazardous inundation of adjacent communities or jurisdictions, the City is hereby authorized to enter upon such watercourse and clear or remove such debris or obstructions as are hazardous to the public safety. The cost thereof will be charged to the owner of the property where such debris and/or obstruction was generated. Where erosion has occurred in such a manner as would endanger a building or a structure, the city is hereby authorized to enter upon such watercourse and stabilize the channel for public safety. The cost thereof will be charged to the owner of the property where the erosion has occurred and/or caused the erosion.

Establishment of Development Permit

1.No owner or developer may perform any development activities on a site where an Area of Special Flood Hazard or Area of Future-conditions Flood Hazard is located without first meeting the requirements of this section before commencing the proposed activity.
2.Unless specifically excluded by this section, any landowner or developer desiring a permit for a development activity must submit to the City a permit application on a form provided by the City for that purpose.
3.No permit will be approved for any development activities that do not meet the requirements, restrictions, and criteria of this section.

Floodplain Management Plan Requirements An application for a development project within any Area of Special Flood Hazard or Area of Future-conditions Flood Hazard located on the site shall include a floodplain management/flood damage prevention plan. This plan shall include the following items:

1.Site plan drawn to scale, which includes but is not limited to:
a.Existing and proposed elevations of the area in question and the nature, location and dimensions of existing and/or proposed structures, earthen fill placement, amount and location of excavation material, and storage of materials or equipment;
b.For all proposed structures, spot ground elevations at building corners and 10-foot or smaller intervals along the foundation footprint, or 1-foot contour elevations throughout the building site;
c.Proposed locations of water supply, sanitary sewer, and utilities;
d.Proposed locations of drainage and stormwater management facilities;
e.Proposed grading plan;
f.Base flood elevations and future-conditions flood elevations;
g.Boundaries of the base flood floodplain and future-conditions floodplain;
h.If applicable, the location of the floodway; and
i.Certification of the above by a registered professional engineer or surveyor.
2.Building and foundation design details, including but not limited to:
a.Elevation in relation to mean sea level (or highest adjacent grade) of the lowest floor, including basement, of all proposed structures;
b.Elevation in relation to mean sea level to which any nonresidential structure will be floodproofed;
c.Certification that any proposed nonresidential floodproofed structure meets the criteria in Sec. 403-4.4.A.2;
d.For enclosures below the base flood elevation, location and total net area of flood openings as required in Sec. 403-4.4.F (Elevated Buildings);
e.Design plans certified by a registered professional engineer or architect for all proposed structure(s).
3.Description of the extent to which any watercourse will be altered or relocated as a result of the proposed development;
4.Hard copies and digital files of computer models, if any, copies of work maps, comparison of pre- and post-development conditions base flood elevations, future-conditions flood elevations, flood protection elevations, Special Flood Hazard Areas and regulatory floodways, flood profiles and all other computations and other information similar to that presented in the FIS;
5.Copies of all applicable State and federal permits necessary for the proposed development, including but not limited to permits required by Section 404 of the federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1334;

and

6.All appropriate certifications required under this section.
7.The approved floodplain management/flood damage prevention plan must contain a certification by the applicant that all development activities will be done according to the plan or previously approved revisions. Any and all development permits and/or use and occupancy certificates or permits may be revoked at any time if the construction and development activities are not in strict accordance with approved plans.

Warning and disclaimer of liability The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations.

Larger floods can and will occur; flood heights may be increased by manmade or natural causes. This section does not imply that land outside the Areas of Special Flood Hazard or uses permitted within such areas will be free from flooding or flood damages. This section shall not create liability on the part of the City of Snellville or by any officer or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.

Duties and Responsibilities of the Administrator The duties of the Director include, but are not be limited to:

1.Review all development applications and permits to assure that the requirements of this section have been satisfied and to determine whether proposed building sites will be reasonably safe from flooding;
2.Require that copies of all necessary permits from governmental agencies from which approval is required by federal or State law, including but not limited to Section 404 of the federal Water Pollution Control Act Amendments of 1972,33 U.S.C. 1334, be provided and maintained on file;
3.When base flood elevation data or floodway data have not been provided, then the Director shall require the applicant to obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, State, or other sources in order to meet the provisions of Sec. 403-4.3 (Standards for Development) and Sec. 403-4.4 (Standards for Buildings);
4.Review and record the actual elevation in relation to mean sea level (or highest adjacent grade) of the lowest floor, including basement, of all new or substantially improved structures;
5.Review and record the actual elevation, in relation to mean sea level to which any substantially improved structures have been flood-proofed;
6.When floodproofing is utilized for a nonresidential structure, the Director must review the design and operation/maintenance plan and obtain certification from a registered professional engineer or architect;
7.Notify affected adjacent communities and the Georgia Department of Natural Resources before any alteration or relocation of a watercourse and submit evidence of such notification to FEMA;
8.Where interpretation is needed as to the exact location of boundaries of the Areas of Special Flood Hazard (e.g., where there appears to be a conflict between a mapped boundary and actual field conditions) the Director shall make the necessary interpretation. Any person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this section. Where floodplain elevations have been defined, the floodplain is determined based on flood elevations rather than the area graphically delineated on the floodplain maps; and,
9.All records pertaining to the provisions of this section must be maintained in the office of the Director and must be open for public inspection.

10.Coordinate all FIRM revisions with the GA DNR and FEMA; and

11.Review variance applications and make recommendations to the Board of Zoning Appeals.

Administration General Permit Procedures An application for a development permit on any property where a special flood hazard area is located or is proposed to be altered or disturbed in any way must be made to the Department on appropriate forms before any development activities. The application must include, but not be limited to, plans drawn to scale of the property showing the floodplain, floodway and the nature, location, dimensions, and elevations of existing or proposed structures, fill, storage of materials, and drainage facilities.

Floodway Encroachments

1.Application procedure. An application for a development permit that proposes any encroachment into or alteration of a floodway requires submittal to the Department complete plans and engineering calculations as required by this section for "no rise" certification. The Department must review and authorize such encroachments before the issuance of a development permit and must obtain from the applicant an engineering "no-rise" certification signed by a professional engineer stating that the proposed development will not create any change to the pre-project base flood elevations, floodway elevations, or floodway widths. If the applicant proposes to revise the floodway boundaries or base flood elevations, no permit authorizing an encroachment into or the alteration of the floodway may be issued by the Department until an affirmative conditional letter of map revision (CLOMR) or conditional letter of map amendment (CLOMA), whichever is applicable, is issued and "no rise"

certification is approved by the Department. An application for a map revision must be submitted first to the Department. As-built surveys and calculations must be provided to the Department by the applicant at the time of completion of the encroachment. Payment of any review fees associated with the review and approval of the encroachment is the responsibility of the applicant. Final plats or certificates of occupancy will not be issued by the Department until an affirmative letter of map revision (LOMR) or letter of map amendment (LOMA), whichever is applicable, is issued.

2.Flood Levels Resulting from Floodway Encroachments. Located within Areas of Special Flood Hazard are areas designated as a floodway. A floodway may be an extremely hazardous area due to velocity floodwaters, debris or erosion potential. In addition, floodways must remain free of encroachment in order to allow for the discharge of the base flood without increased flood heights. Therefore, the following provisions shall apply:
a.Encroachments are prohibited, including earthen fill, new construction, substantial improvements or other development are within the regulatory floodway, except for activities specifically allowed in “b” below.
b.Encroachments for bridges, culverts, roadways, and utilities within the regulatory floodway may be permitted provided it is demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the encroachment will not result in an increase to the pre-project base flood elevations, floodway elevations, or floodway widths during the base flood discharge. A registered professional engineer must provide supporting technical data and certification thereof.
c.If the applicant proposes to revise the floodway boundaries, no permit authorizing the encroachment into or alteration of the floodway shall be issued by the City of Snellville until an affirmative Conditional Letter of Map Revision (CLOMR) is issued by FEMA or a no-rise certification is approved by the City.
d.If the applicant proposes to revise the floodway boundaries, no permit authorizing the encroachment into or alteration of the floodway shall be issued by the City of Snellville until an affirmative Conditional Letter of Map Revisions (CLOMR) is issued by FEMA or a no-rise certification is approved by the City of Snellville.

Other Permits or Approvals

1.Copies of any additional federal or State permits or approvals as may be required by the Corps of Engineers, Georgia Department of Natural Resources, FEMA, or others must be provided by the developer upon their approval and maintained on file in the Department.
2.The Department must notify adjacent communities and the Georgia Department of Natural Resources before any alteration or relocation of a watercourse, and submit evidence of such notification to FEMA.

Maintenance Requirements The property owner shall be responsible for continuing maintenance as may be needed within an altered or relocated portion of a floodplain on the property so that the flood-carrying or flood storage capacity is maintained. The City of Snellville may direct the property owner (at no cost to the City) to restore the flood-carrying or flood storage capacity of the floodplain if the owner has not performed maintenance as required by the approved floodplain management plan on file with the City.

Standards for Development Definition of Floodplain Boundaries

1.Studied "A" zones, identified in the City of Snellville Flood Insurance Study (FIS)

shall be used to establish base flood elevations whenever available.

2.For all streams with a drainage area of 100 acres or greater, the future-conditions flood elevations shall be provided by the Department. If future-conditions elevation data is not available from the Department, then it shall be determined by a registered professional engineer using a method approved by FEMA and the City of Snellville.

Definition of Floodway Boundaries

1.The width of a floodway shall be determined from the FIS or FEMA approved flood study. For all streams with a drainage area of 100 acres or greater, the regulatory floodway shall be provided by the Department. If floodway data is not available from the Department, then it must be determined by a registered professional engineer using a method approved by FEMA and the Department.
2.Following a pre-design conference with the Department, the boundaries or limits of the floodway must be shown on the development plan containing existing topographic information.

General Standards

1.No development shall be allowed within any Area of Special Flood Hazard or Area of Future-conditions Flood Hazard that could result in any of the following:
a.Raising the base flood elevation or future-conditions flood elevation equal to or more than 0.01 foot.
b.Reducing the base flood or future-conditions flood storage capacity. All compensation must occur either within the boundaries of ownership of the property being developed, or within a permanent, recorded flood control easement (which will be a part of the departmental record), and must be within reasonable proximity to the location of the encroachment.

Acceptable means of providing required compensation include: lowering of natural ground elevations within the floodplain; or, lowering of adjoining land areas to create additional floodplain; or raising of the future conditions flood elevation within the boundaries of ownership of the property being developed. All cut areas are to be graded to a slope of no less than 2%. In no case may any required compensation be provided via bottom storage or by excavating below the elevation of the top of the natural (pre-development) stream channel unless such excavation results from widening or relocation of the stream channel. A step-backwater analysis is required to verify no rise conditions, flood storage volumes, and flow characteristics.

c.Changing the flow characteristics as to the depth and velocity of the waters of the base flood or future-conditions flood as they pass both the upstream and the downstream boundaries of the development area. Verification must be provided via a step-backwater analysis.
d.Creating hazardous or erosion-producing velocities, or result in excessive sedimentation.
2.Any development within any Area of Special Flood Hazard or Area of Future-conditions Flood Hazard allowed under clause 1 above also meet the following conditions:
a.Compensation for storage capacity shall occur between the average groundwater table elevation and the base flood elevation for the base flood, and between the average found water table elevation and the future-condition flood elevation for the future-conditions flood and lie either within the boundaries of ownership of the property being developed and shall be within the immediate vicinity of the location of the encroachment.

Acceptable means of providing required compensation include lowering of natural ground elevations within the floodplain or lowering adjoining land areas to create additional floodplain storage. In no case shall any required compensation be provided via bottom storage or by excavating below the elevation of the natural (pre-development) stream channel unless such excavation results from the widening or relocation of the stream channel;

b.Cut areas must be stabilized and graded to a slope of no less than 2%;
c.Effective transitions shall be provided such that flow velocities occurring on both upstream and downstream properties are not increased or decreased;
d.Verification of no-rise conditions (less than 0.01 foot), flood storage volumes, and flow characteristics shall be provided via a step-backwater analysis meeting the requirements of Section 10.4.5.D.
e.Public utilities and facilities, such as sanitary sewer, gas, electrical and water systems, shall be located and constructed to minimize or eliminate infiltration or contamination from floodwaters.
f.Any significant physical changes to the base flood floodplain shall be submitted as a Conditional Letter of Map Revision (CLOMR) or Conditional Letter of Map Amendment (CLOMA), whichever is applicable. The CLOMR submittal shall be subject to approval by the Department using the Community Concurrence forms before forwarding the submittal package to FEMA for final approval. The responsibility for forwarding the CLOMR to FEMA and for obtaining the CLOMR approval is the responsibility of the applicant. Within 6 months of the completion of development, the applicant must submit as-built surveys for a final letter of map revision (LOMR). A letter of map revision (LOMR) or letter of map amendment (LOMA) must be issued before the final plat can be approved or a certificate of occupancy can be issued. Significant changes or revisions are defined as any change to the City of Snellville FIRM easily observed when plotted at a scale of one"

= 500'. The changes or revisions may be due to but are not limited to more current and/or superior topographic information or compensatory cut and fill grading done as a part of the development.

3.On-site waste disposal systems must be located so as to avoid impairment to them or contamination from them during flooding.
4.All development proposals must have public utilities and facilities, such as sewer, gas, electrical and water systems, located and constructed to minimize flood damage.

Engineering Study Requirements for Floodplain Encroachments An engineering study is required (as appropriate to the proposed development activities on the site) when a base flood or future conditions floodplain is located on the property proposed for development. This study must be prepared by a currently registered professional engineer in Georgia and made a part of the application for a development permit. This information must be submitted to and approved by the Department before the approval of any permit that would authorize the development.

1.Description of the extent to which any watercourse or floodplain will be altered or relocated as a result of the proposed development.
2.Any report that must be submitted for review, in accordance with this section, must use a step backwater analysis approved by the Department. Cross-sections (which may be supplemented by the applicant) and flow information from the existing FIS will be obtained whenever available. Where applicable, computations will be shown duplicating FIS results and then computations will be rerun with the proposed modifications to determine the new base flood and future conditions flood profiles.
3.Floodplain storage calculations based on cross-sections (at least one every 100 feet) showing existing and proposed floodplain conditions must be provided to show that future conditions floodplain storage capacity will not be diminished by the development.
4.If changes to the base flood or future conditions flood elevations are proposed, profiles of the channel showing the existing and proposed base flood and future conditions flood elevations must be provided.
5.The study shall include a preliminary plat, grading plan, or site plan, as appropriate, which shall clearly define all future conditions floodplain encroachments.
6.The floodway will be determined when any encroachment in the floodplain is proposed or a detailed study is performed to determine flood profiles.
7.Detailed flood studies in areas where the floodplain has been established but the base flood elevation (BFE) and/or the floodway has not been established and in areas beyond the limits of study on the FIRM, which may contain a watercourse, and have greater than 100 acres of surface drainage area above the property, must be submitted showing the base flood elevations, future conditions flood elevations, and the floodway. Approval of the study must be received before the final plat of the affected lots can be approved or a certificate of occupancy can be issued.

Maintenance Requirements The property owner is responsible for continuing maintenance as may be needed within an altered or relocated portion of a floodplain on their property so that the flood-carrying or flood storage capacity is not diminished. The City of Snellville may direct the property owner (at no cost to the City) to restore the flood-carrying or flood storage capacity of the floodplain if the owner has not, in the opinion of the City pursuant to the approved plans and floodplain report on file with the Department, performed satisfactory maintenance.

Standards for Utilities

1.All new and replacement water supply and sanitary sewerage systems must be designed to minimize or eliminate:
a.Infiltration of floodwaters into the systems; and,
b.Discharges from the systems into floodwaters.
2.On-site waste disposal systems must be located outside the floodplain to avoid impairment to them, or contamination from them during flooding.

Standards for Subdivisions

1.All subdivision proposals must identify the special flood hazard area and provide base flood elevation data and future-conditions flood elevation data;
2.All residential lots in a subdivision proposal must have sufficient buildable area outside of the future-conditions floodplain such that encroachments into the future-conditions floodplain for residential structures will not be required unless all requirements of Sec. 403-4.2 (Administration) and Sec. 403-4.3 (Standards for Development) have been met;
3.All subdivision plans must provide the elevations of proposed structures in accordance with Sec. 403-4.2.B.
4.All subdivision proposals must be consistent with the need to minimize flood damage;
5.All subdivision proposals must have public utilities and facilities such as water, sanitary sewer, gas, and electrical systems located and constructed to minimize or eliminate infiltration of floodwaters, and discharges from the systems into floodwaters; and,
6.All subdivision proposals must include adequate drainage and stormwater management facilities per the requirements of the development regulations to reduce potential exposure to flood hazards.

Standards for Buildings Structures and Buildings Authorized in the Floodplain

1.Residential Buildings
a.New construction. New construction of principal buildings, including manufactured homes, is not allowed within the limits of the future conditions floodplain unless all requirements of Sec. 403-4.2 (Administration) and Sec. 403-4.3 (Standards for Development) have been met. If all of the requirements of both sib-sections have been met, all new construction must have the lowest floor, including basement and access to the building, elevated no lower than 3 feet above the base flood elevation or 1 foot above the future-conditions flood elevation, whichever is higher.

Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to equalize the hydrologic flood forces on exterior walls and to facilitate the unimpeded movements of floodwaters must be provided in accordance with standards of paragraph F below (Elevated Buildings).

b.Substantial improvements. For substantial improvements to existing principal residential buildings, the requirements of Sec. 403-4.2 (Administration) and Sec. 403-4.3 (Standards for Development) apply and the elevation of the lowest floor, including basement and access to the building, must be elevated at least 3 feet above the level of the highest base flood (100-year) elevation adjacent to the building or at least 1 foot above the future conditions flood elevation whichever is highest. Openings sufficient to facilitate the unimpeded movements of floodwaters must be provided in accordance with paragraph F below (Elevated Buildings).
2.Nonresidential Buildings
a.New construction. New construction of principal buildings, including manufactured homes, is not be allowed within the limits of the future conditions floodplain unless all requirements of Sec. 403-4.2 (Administration) and Sec. 403-4.3 (Standards for Development) have been met. If all of the requirements both sub-sections have been met, the elevation of the lowest floor, including basement and access to the building, must be at least 1 foot above the level of the highest base flood (100-year) elevation adjacent to the building or at least as high as the future conditions flood elevation whichever is highest. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to equalize the hydrologic flood forces on exterior walls and to facilitate the unimpeded movements of floodwaters must be provided in accordance with paragraph F below (Elevated Buildings).
b.Substantial improvements. Substantial improvements to existing principal nonresidential buildings may be authorized by the Department to be floodproofed in lieu of being elevated, in accordance with paragraph F (Elevated Buildings), provided that all areas of the building less than 1 foot above the base flood elevation or below the future conditions flood elevation, whichever is highest, are watertight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect must certify to the Department that the standards of this subsection are satisfied and must provide the Department a floodproofing certificate including floodproofing level immediately after floodproofing is completed. The certification must be prepared by or under the direct supervision of a professional engineer or architect and certified by same. The requirements of Sec. 403-4.2 and Sec. 403-4.3 apply.
3.Accessory and nonhabitable buildings and structures. Accessory and nonhabitable structures (i.e., barns, sheds, gazebos, and other similar structures) which are permitted to be located within the limits of the floodplain under the provisions of Article 2 through Article 7 must be designed and constructed of flood-resistant materials to pass all floodwater and be anchored to prevent flotation, collapse, or lateral movement of the structure in a manner consistent with this section.
4.Drainage structures and impoundments. Drainage structures and impoundments may be authorized provided they are designed and constructed pursuant to the requirements of the development regulations of the City of Snellville, are approved by the Department, and are consistent with the requirements of this section. Detention facilities may be located within the future conditions floodplain if the future conditions flood storage capacity is not reduced by the dam and water impounded behind the dam as required in Sec. 403-4.3.C.

Structures and Buildings Authorized Adjacent to the Future Conditions Floodplain

1.Residential buildings. For new construction or substantial improvement of any principal residential building or manufactured home, the elevation of the lowest floor, including basement and access to the building, must be at least 3 feet above the level of the highest base flood (100-year) elevation adjacent to the building or at least 1 foot above the future conditions flood elevation whichever is highest.
2.Nonresidential buildings. For new construction or substantial improvement of any principal nonresidential building, the elevation of the lowest floor, including basement and access to the building, must be at least 1 foot above the level of the highest base flood (100-year) elevation adjacent to the building or at least as high as the future conditions flood elevation whichever is highest.

Building Permit Requirements Before the issuance of a building permit for site which contains or is adjacent to the floodplain, a drawing which shows the elevation of the proposed lowest floor of the building, including basement, the limits of the floodplain, and the highest future conditions flood elevation and base flood (100-year) elevation adjacent to the building, must be submitted to the Department for approval. If the proposed development is located in multiple flood zones or multiple base flood elevation cross the proposed building site, the higher or more restrictive base flood elevation or future condition elevation and development standards will take precedence at the building site. Proposed grading encroachments must be shown on this drawing. Elevations must be referenced to an accurate topographical reference (e.g. a recorded final plat whereon the future conditions and the base floodplain is shown).

Construction Stage

1.Upon completion of construction of the lowest floor of any building permitted under paragraph B above or substantial improvement permitted under paragraph A above, the permit holder must submit to the Department a certification of the as-built lowest floor elevation. A final elevation certificate must be provided after completion of construction including grading of the site.

For buildings adjacent to the floodplain, this requirement will not apply, however, if the separation between the lowest floor elevation and the future conditions flood elevation shown on the drawing submitted as part of the permit application is greater than 10 feet. Said certification must be prepared by a land surveyor currently registered in the State of Georgia.

2.Any work undertaken before submission and approval of the certification will be at the permit holder's risk. No framing inspection may be completed or approved by the Department until such required certification is received and verified by the Department. Deficiencies detected by such review must be corrected by the permit holder immediately and before further progressive work being allowed to proceed. Failure to submit the survey or failure to make said corrections required hereby, will cause to issue a stop work order for the project.

Provisions for Flood Hazard Reduction All new construction or substantial improvement of existing structures within or adjacent to special flood hazard areas must comply with the following:

1.Must be constructed with materials and utility equipment resistant to flood damage;
2.Must be constructed by methods and practices that minimize flood damage;
3.Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities must be constructed or located so as to prevent water from entering or accumulating within the components during conditions of flooding;
4.New and replacement water supply systems must be designed to minimize or eliminate infiltration of floodwaters into the system;
5.New and replacement sanitary sewage systems must be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters;
6.New construction and substantial improvements of existing structures must be anchored to prevent flotation, collapse or lateral movement or the structure;
7.On-site waste disposal systems must be located and constructed to avoid impairment to them or contamination from them during flooding;
8.Manufactured homes must be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard is in addition to and consistent with applicable State requirements for resisting wind forces;

and,

9.Any alteration, repair, reconstruction or improvement to a structure that is not compliant with the provisions of this section, may only be undertaken if the nonconformity is not furthered, extended or replaced.

Elevated Buildings All new construction or substantial improvements of existing structures that include any fully enclosed area located below the lowest floor formed by foundation and other exterior walls must be designed so as to be an unfinished or flood-resistant enclosure. The enclosure must be designed to equalize hydrostatic flood forces on exterior walls by allowing for the automatic entry and exit of floodwater.

1.Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following minimum criteria:
a.Provided a minimum of two openings with a total net area of not less than 1 square inch for every 1 square foot of enclosed area subject to flooding;
b.The bottom of all openings may be no higher than 1 foot above grade; and,
c.Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwater in both directions.
2.So as not to violate the "lowest floor" criteria of this section, the unfinished or flood-resistant enclosure may only be used for parking of vehicles, limited storage of maintenance equipment used in connection with the premises, or entry to the elevated area; and,
3.The interior portion of such an enclosed area may not be partitioned or finished into separate rooms.

Building Standards for Residential Single-lot Developments on Streams without Established Base Flood Elevations and/or Floodway (A-Zones)

For a residential single-lot development not part of a subdivision that has areas of special flood hazard, where streams exist but no base flood data have been provided (A-Zones), the Director will review and reasonably utilize any available scientific or historic flood elevation data, base flood elevation and floodway data, or future-conditions flood elevation data available from a federal, State, local or other source, in order to administer the provisions and standards of this section.

If data are not available from any of these sources, the following provisions will apply:

1.No encroachments, including structures or fill material, may be located within an area equal to twice the width of the stream or 50 feet from the top of the bank of the stream, whichever is greater; and,
2.In special flood hazard areas without base flood or future-conditions flood elevation data, new construction and substantial improvements of existing structures must have the lowest floor of the lowest enclosed area (including basement) elevated no less than 3 feet above the highest adjacent grade at the building site. Openings sufficient to facilitate the unimpeded movements of floodwaters must be provided in accordance with paragraph F above.

Standards for Recreational Vehicles All recreational vehicles placed on sites must either:

1.Be on the site for fewer than 180 consecutive days and be fully licensed and ready for highway use, (a recreational vehicle is ready for highway use if it is licensed, on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached structures or additions); or
2.The recreational vehicle must meet all the requirements for residential buildings—substantial improvements, including the anchoring and elevation requirements.

Appeals and Variances Appeals Appeals from the interpretation or requirements of this section must be made in accordance with the procedures and requirements of this subsection.

1.Requests for variances from the requirements of this section must be submitted to the Department. All such requests will be heard and decided in accordance with the procedures outlined in Article 12; stormwater systems and facilities installation standards and specifications and as set forth by Section 5-4-1 of the Official Code of Georgia Annotated. At a minimum, such procedures must include notice to all affected parties and the opportunity to be heard.
2.Any person adversely affected by any decision of a request for variance has the right to appeal the decision to the Board of Appeals in their normal course of business. At a minimum, such procedures must include notice to all affected parties and the opportunity to be heard.

Evaluation of Variance Requests

1.In passing upon variance applications for relief from the provisions of this section, all technical evaluations, all relevant factors, all standards specified in other sections of this section, and the items listed in the stormwater systems and facilities installation standards and specifications must be considered.
2.Upon consideration of the factors listed in the stormwater systems and facilities installation standards and specifications, and the stated purposes of this section, such conditions to the granting of a variance as it deems necessary or appropriate, consistent with the purposes of this section may be attached to the variance.
3.Variances may not be approved within any designated floodway if any increase in flood levels outside the boundaries of ownership of the property being developed or drainage easement during the future conditions or the base flood discharge would result.
4.Variances may be issued for development necessary for the conduct of a functionally dependent use, provided the criteria of this section are met, no reasonable alternative exists, and the development is protected by methods that minimize flood damage during the base flood and create no additional threats to public safety.
5.Any person requesting a variance must, from the time of the request until the time the request is acted upon, submit such information and documentation as deemed necessary to the consideration of the request.
6.Variances may not be issued "after the fact."

Historic Structures Variances from the requirements of this section may be approved for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, and provided the proposed reconstruction, rehabilitation, or restoration will not result in the structure losing its historical designation, and provided further that the requirements of paragraph E below are met.

Conditions for Variance Approval

1.Variances may only be approved upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; and in the instance of a historical building, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building.
2.Variances may only be issued upon a finding of the following:
a.A showing of good and sufficient cause;
b.A determination that failure to grant the variance would result in exceptional hardship; and,
c.A determination that the granting of the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
3.No variance from the provisions of this section may be approved which would allow a structure or use of land otherwise prohibited in the flood hazard area under the provisions of the zoning resolution.
4.Any person to whom a variance is granted must be given written notice specifying the difference between the base flood elevation and the elevation of the proposed lowest floor and stating that the cost of flood insurance will be commensurate with the increased risk to life and property resulting from the reduced lowest floor elevation.

Records and Reports The Department must maintain the records of all appeal actions and report any variances to the federal Emergency Management Agency upon request.

Effective Date Any subdivision or other project for which a development permit has been issued before the effective date of this UDO may, at the developer's option, proceed to completion under the terms of said permit and the regulations of the City of Snellville in place before said effective date.

Any subdivision or other project for which only a clearing, clearing and grubbing, or grading permit was issued before the effective date of this UDO must be brought into conformance with this section before issuance of a development permit.

Nothing in this section be construed to affect the validity of any building permit lawfully issued before the effective date of this UDO.

Amendments This section may be amended from time-to-time by resolution of the City Council.

Any subdivision or other project for which a development permit has been issued before the adoption of an amendment to this section may, at the developer's option, proceed to completion as though no amendment had been approved.

Any subdivision or other project for which only a clearing, clearing and grubbing, or grading permit has been issued before the adoption of an amendment to this section must be brought into conformance with the amendment (if applicable) before issuance of a development permit.

No amendment to this section will be construed to affect the validity of any building permit lawfully issued before the adoption of said amendment.

Violations, Enforcement, and Penalties Violations, Enforcement, and Penalties Any action or inaction that violates the provisions of this section or the requirements of an approved plan or permit will be subject to the enforcement actions or penalties outlined herein. Any such action or inaction that is continuous with respect to time is deemed to be a public nuisance and also may be abated by injunctive or other equitable relief. The imposition of any of the enforcement actions or penalties described herein will not prevent such equitable relief.

Enforcement Procedures The following are the enforcement procedures authorized by this section:

1.Notices of violation. Enforcement will begin with the issuance of a written notice of violation to the owner or responsible party by the Director. The notice may be delivered personally or sent by first-class mail. The notice of violation must contain at least the following information:
a.The name and address of the owner or responsible party;
b.The location or address of the site upon which the violation is occurring;
c.A description of the nature of the violation;
d.A description of the remedial actions or measures necessary to bring an action or inaction into compliance with a permit, approved plan or this section;
e.The deadline or completion date for any such remedial actions or measures;
f.A statement of the penalty or penalties that may be assessed against the owner or responsible party to whom the notice of violation is directed.

In the event the owner or responsible party fails to correct the violations after the deadline contained in the notice of violation, the Director is authorized to take or impose any one or more of the additional actions contained herein.

2.Stop work orders. The Director is authorized to issue stop work orders to an owner or responsible party. Stop work orders are effective immediately and will remain in effect until the necessary corrective actions or remedial measures set forth in the notice of violation have occurred. Stop work orders may be withdrawn or modified by the Director in order to enable an owner or responsible party to take the necessary remedial actions or measures to correct the violations.
3.Refusal to issue certificates of occupancy or completion. The Director is authorized to refuse to issue certificates of occupancy or completion for the building or other improvements constructed or being constructed on a site until the owner or responsible party has taken the remedial actions or measures set forth in the notice of violation or has otherwise corrected the violations described therein.
4.Suspension, revocation, or modification of permit. The Director is authorized to suspend, revoke or modify a permit that was issued authorizing development. The Director is authorized to reinstate a suspended, revoked or modified permit after the owner or responsible party has taken the remedial actions or measures stated in the notice of violation or has otherwise corrected the violations described therein. The Director is also authorized to reinstate such permit, which may include conditions as the Director may deem necessary, to enable the owner or responsible party to take the necessary remedial actions or measures to correct the violations.
5.Refusal to approve final subdivision plats. The Director is authorized to refuse to approve final plats until the owner or responsible party has taken the remedial actions or measures set forth in the notice of violation or has otherwise corrected the violations described therein.
6.Issuance of citations or summons to court. The Director is authorized to issue a citation or summons to the owner or responsible party requiring such person to appear in a court of competent jurisdiction to answer charges for violations of this section.

Legal Penalties and/or Remedies

1.Fine and/or sentence. Any person convicted by a court of competent jurisdiction of violating any provision of this section will be guilty of violating a duly adopted ordinance of the City and will be punished either by a fine not less than $100.00 per day and not greater than $1,000.00 per day, or by a sentence of imprisonment not to exceed 60 days in jail, or both a fine and jail or work alternate. Each day that a violation continues after due notice has been served will be deemed a separate offense.
2.Other legal remedies. In any case in which a violation of this section has occurred, the City, 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 through a court of competent jurisdiction to prevent, restrain, or abate such unlawful use or activity.

Chapter 400. Land Development Article 4. Stormwater Table of Contents

Table or figure — shown as printedverify at source ↗
Sec. 404-1. Stormwater Conveyances .......................................................... 400-106

Sec. 404-2. Stormwater Management .......................................................... 400-110
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