Sugar Hill › Stream Buffer Protection Ordinance

Article 3 — Applicability

current as of 2005-07-15verified current · checked 2026-08-24Officialofficial source ↗1 sections · full chapter

§ article-3

Applicability

This ordinance shall apply to all land development activity on property containing a stream protection area as defined in Article 2 of this ordinance. These requirements are in addition to, and do not replace or supersede, any other applicable buffer requirements established under state law and approval or exemption from these requirements do not constitute approval or exemption from buffer requirements established under state law or from other applicable local, state or federal regulations.

After the effective date of this ordinance, this ordinance shall apply to new subdividing and platting activities.

3.1 Grandfather Provisions

This ordinance shall not apply to the following activities:

3.1.1 Work consisting of the repair, maintenance or replacement within the same

disturbed area of any lawful use of land that is zoned and approved for such use on or before the effective date of this ordinance.

3.1.2 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 will be subject to all applicable buffer requirements.

3.1.3 Any lawful land development activity that is under construction, has a valid permit,

or has submitted a valid and complete application for a permit as of the effective date of this ordinance provided that the permit is or can be issued within 90 calendar days of the effective date of this ordinance and all time frames associated with said permit are observed.

3.1.4 Any lawful land development activity that has not been submitted for approval, but

that is part of a larger master development plan, such as a house in a subdivision or a building in an office park or other phased development that has a valid Preliminary Plat Permit per Subsection 3.1.3 herein, or approved Concept Plan, or has submitted a valid and complete application for approval of a Concept Plan and receives approval within 90 calendar days as of the effective date of this ordinance provided that the future permit is or can be issued within 2 calendar years of the effective date of this ordinance and all time frames associated with said permit are observed.

3.2. Exemptions

The following specific activities are exempt from this ordinance, however any activity within a state waters’ buffer must meet State requirements:

3.2.1 Activities for the purpose of building one of the following:

-a stream crossing by a driveway, transportation route including but not limited to bike paths and pedestrian trails, or utility line;

-public water supply intake or public wastewater outfall structures;

-land development necessary to provide access to a property;

-public access facilities that must be on the water including boat ramps, docks, foot trails leading directly to the river, fishing platforms and overlooks;

-unpaved foot trails and paths;

-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.

3.2.2 Public sewer line installation in easements running parallel with the stream where

necessary, except that all easements (permanent and construction) and land disturbance within a state waters’ buffer must meet State requirements. 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 or other transportation routes in such easements, regardless of paving material, except for access for the uses specifically cited in subsection 3.2.1, above.

3.2.3 Land development activities within a dedicated transportation right-of-way existing

at the time this ordinance takes effect or approved under the terms of this ordinance.

3.2.4 Within an easement of any utility existing at the time this ordinance takes effect or

approved under the terms of this ordinance, 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.

3.2.5 Emergency work necessary to preserve life or property. However, when

emergency work is performed under this subsection, the person performing it shall report such work to the Department of Planning and Development on the next business day after commencement of the work. Within 10 business days thereafter, the person shall apply for a permit and perform such work within such time period as may be determined by the Department of Planning and Development 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.

3.2.6 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 buffer that would otherwise be prohibited, then no other land disturbing activity other than normal forest management practices will be allowed on the entire property for three years after the end of the activities that intruded on the buffer.

3.2.7 Multi-use trails no more than 12 feet in width and activities related to construction

of a multi-use trail no more than 12 feet in width, provided the trail complies with the requirements of the City of Sugar Hill Soil Erosion And Sedimentation Control Ordinance.

3.2.8 Detention/Water Quality ponds provided said ponds comply with all other local,

state and federal requirements including but limited to the Floodplain Management Ordinance, the Soil Erosion and Sedimentation Control Ordinance, U.S Army Corp of Engineers wetlands regulations Exemption of these activities does not constitute an exemption for any other activity proposed on a property.