Sugar Hill › Stream Buffer Protection Ordinance

Article 4 — Land Development Requirements

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

§ article-4

Land Development Requirements

4.1. Buffer and Setback Requirements

All land development activity subject to this ordinance shall meet the following requirements:

4.1.1 An undisturbed buffer shall be maintained for 50 feet, measured horizontally, on

both banks of the stream as measured from the top of the stream bank. The land forming the bank is also considered part of the buffer for purposes of this ordinance.

4.1.2 An additional setback shall be maintained for 25 feet, measured horizontally,

beyond the undisturbed buffer, in which all impervious cover shall be prohibited.

Grading, filling and earthmoving shall be minimized within the setback.

4.1.3 The location of septic tanks or septic tank drain fields shall comply with Gwinnett

County Board of Health Environmental Health Section regulations.

Any land development activity within a buffer established hereunder or any impervious cover within a setback established hereunder is prohibited unless a variance is granted pursuant to Section 4.2 herein.

4.2. Variance Procedures

Variance requests from the requirements of this ordinance shall be submitted on an application form as prescribed by the Director of the Department of Planning and Development or the director’s designee, along with such fees as shall be established by the City Council. The Director of the Department of Planning and Development or the director’s designee shall coordinate the review of each variance request with all other affected City departments and shall summarize such comments or recommendations as may be received by the Mayor and Council for action in their normal course of business. The review must include a recommendation from the Department of Planning and Development.

This section describes how to apply for a variance from this ordinance; however, any activity within a state waters’ buffer must meet State requirements Variances may be granted in accordance with the following provisions:

4.2.1 Where a parcel was platted prior to the effective date of this ordinance, and it is not

specifically exempted from this ordinance, and its shape, topography or other existing physical condition prevents land development consistent with this ordinance, and the Department of Planning and Development finds and determines that the requirements of this ordinance prohibit the otherwise lawful use of the property by the owner, the Mayor and Council may grant a variance from the buffer and setback requirements hereunder, provided such variance require mitigation measures to offset the effects of any proposed land development on the parcel. The Mayor and Council are authorized to use a consent agenda to fulfill the terms of this Subsection.

4.2.2 Except as provided above, the Mayor and Council shall grant no variance from any

provision of this ordinance without first conducting a public hearing on the application for variance and authorizing the granting of the variance by an affirmative vote of the Mayor and Council. The Department of Planning and Development shall follow the Public Hearing, or “notice”, requirements for a variance to be heard by the Mayor and Council as provided in the City of Sugar Hill Zoning Ordinance.

Variances will not be considered when, following adoption of this ordinance, actions of any property owner of a given property have created conditions of a hardship on that property.

Variances will be considered only in the following cases:

4.2.2.1 The applicant provides evidence that impacts to the buffer have been

avoided or minimized to the fullest extent practicable; and

4.2.2.2 The project involves the construction or repair of a structure which, by its

nature, must be located within the buffer. Such structures include dams and detention/retention ponds; or

4.2.2.3 Paved recreational foot trails and viewing areas, providing that impacts to

the buffer are minimal; or

4.2.2.4 The proposed land disturbing activity within the buffer will receive a

permit from the United States Army Corps of Engineers (USACE) under Section 404 of the federal Water Pollution Control Act Amendment of 1972, 33 U.S.C. Section 1344, and the Corps of Engineers has received a mitigation plan to be implemented as a condition of such a permit. In addition, land disturbing activities in the buffer that are outside the USACE’s jurisdiction must be mitigated; or

4.2.2.5 The buffer intrusion is mitigated using the procedure established in the

Gwinnett County Storm Water Design Manual; or

4.2.2.6 A valid and complete application for rezoning of the property is

submitted prior to the effective date of this ordinance and approval of the rezoning by the City Council occurs after the effective date of this ordinance application, and the variance request is consistent with the intent of this Ordinance factoring into account the property owner's reliance on standards in effect at the time of the rezoning; or

4.2.2.7 The property is part of a larger master development that has a concept

plan previously approved by the City Council through the rezoning process, but does not meet the requirements of 3.1.4 herein as of the effective date of this Ordinance, and the variance request is consistent with the intent of this Ordinance factoring into account the property owner's reliance on standards in effect at the time of the rezoning.

4.2.3 At a minimum, a variance request shall include the following information:

4.2.3.1 A site map that includes locations of all streams, wetlands, floodplain

boundaries and other natural features, as determined by field survey;

4.2.3.2 A description of the shape, size, topography, slope, soils, vegetation and

other physical characteristics of the property;

4.2.3.3 A dated site plan that shows the locations of all existing and proposed

structures and other impervious cover, the limits of all existing and proposed land disturbance, both inside and outside the buffer and setback. The exact area of the buffer to be affected shall be accurately and clearly indicated;

4.2.3.4 Documentation that impacts to the buffer have been avoided or

minimized to the fullest extent practicable;

4.2.3.5 A calculation of the total area and length of the proposed intrusion;

4.2.3.6 A stormwater management site plan, if applicable;

4.2.3.7 Proposed mitigation, if any, for the intrusion. If no mitigation is

proposed, the request must include an explanation of why none is being proposed;

4.2.3.8 A description of the project, with details of the buffer disturbance,

including estimated length of time for the disturbance and justification for why the disturbance is necessary;

4.2.3.9 Any other reasonable information related to the project that the

Department of Planning and Development may deem necessary to effectively evaluate the variance request;

4.2.3.10 A copy of the permit application, supporting documentation, and

proposed mitigation plan as submitted to the United States Army Corps of Engineers under Section 404 of the federal Water Pollution Control Act Amendment of 1972, 33 U.S.C. Section 1344, if applicable;

4.2.3.11 A copy of the permit application, supporting documentation, and

proposed mitigation plan as submitted to the Georgia Environmental Protection Division for a variance from the state waters’ buffer; and

4.2.3.12 A buffer mitigation plan in accordance with the procedure outlined in the

Gwinnett County Storm Water Design Manual.

4.2.4 The following factors will be considered in determining whether to issue a

variance:

4.2.4.1 The shape, size, topography, slope, soils, vegetation and other physical

characteristics of the property;

4.2.4.2 The locations of all streams on the property, including along property

boundaries as determined from field inspection;

4.2.4.3 The location and extent of the proposed buffer or setback intrusion; and,

4.2.4.4 Whether alternative designs are possible which require less intrusion or

no intrusion;

4.2.4.5 The long-term and construction water-quality impacts of the proposed

variance;

4.2.4.6 Whether issuance of the variance is at least as protective of natural

resources and the environment;

4.2.4.7 The value of mitigation activities as calculated in accordance with the

Gwinnett County Storm Water Design Manual.