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Environmental Overlay Zoning Ordinance Engineering Legislation Public Works Department An ordinance that amends the zoning code by adding environmental protection measures for water supply watersheds, groundwater recharge areas and wetlands. FIRST READING: ______________________ SECOND READING: ____________________ PUBLISHED___________________________ PUBLISHED: __________________________ PASSED: ______________________________ A RESOLUTION A RESOLUTION TO AMEND CHAPTER 17.380, TITLE 17 (ZONING REGULATIONS) OF THE OFFICIAL CODE OF HALL COUNTY, GEORGIA, SO AS TO ADD CHAPTER 17.225 ENTITLED “PROTECTED WATER SUPPLY WATERSHED, PROTECTED GOUNDWATER RECHARGE AREA AND WETLAND PROTECTION OVERLAY ZONING DISTRICTS”; TO PROVIDE FOR AN EFFECTIVE DATE; AND TO REPEAL CONFLICTING ORDINANCES AND RESOLUTIONS, AND FOR OTHER PURPOSES. WHEREAS, the Board of Commissioners of Hall County adopted by resolution on June 27, 1996, to become effective July 1, 1996, the codification of Resolutions, General Resolutions and Ordinances passed by the Board of Commissioners of Hall County as “The Official Code of Hall County, Georgia” 1996 edition published by Municipal Code Corporation; and further provided for the adoption and incorporation of any Resolution, General Resolution or Ordinance passed subsequent to July 1, 1996, to automatically become a part of The Official Code of Hall County, Georgia; and WHEREAS, the Board of Commissioners of Hall County does desire to amend Title 17 (Zoning Regulations) of the Official Code of Hall County, Georgia, (1996 Edition published by Municipal Code Corporation), by the addition of Chapter 17.225, said Chapter entitled “PROTECTED WATER SUPPLY WATERSHED, PROTECTED GROUNDWATER RECHARGE AREA AND WETLAND PROTECTION OVERLAY ZONING DISTRICTS.” NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Hall County, Georgia, and it is hereby resolved by the authority of the same as follows: -1- Title 17 (Zoning Regulations) of the Official Code of Hall County, Georgia, is hereby amended by adding a new Chapter 17.225. Said section 17.225 is hereby adopted as set forth in Exhibit “A”, a copy of which is attached hereto and made a part hereof as if Exhibit “A” were originally set forth in this Resolution. -2- All Resolutions, or Ordinances, or parts thereof, in conflict with the terms of this Resolution are hereby repealed, but it is hereby provided that any resolution, ordinance or law, which may be applicable hereto and aid in carrying out and making effective the intent, purpose and provisions hereof, which shall be liberally construed to be in favor of Hall County is hereby adopted as part hereof. -3- If any paragraph, sub-paragraph, sentence, clause, phrase, or any portion of this Resolution shall be declared invalid or unconstitutional by any court of competent jurisdiction or if the provisions of any part of this Resolution as applied to any particular situation or set of circumstances shall be declared invalid or unconstitutional, such invalidity shall not be construed to affect the portions of this Resolution not so held to be invalid. It is hereby declared to be the intent of the Board of Commissioners to provide for separable and divisible parts, and it does hereby adopt any and all parts hereof as may not be held invalid for any reason. This Resolution is hereby adopted this __________ day of __________________, 2001, to become effective upon the _________ day of ______________________, 2001, the public health, safety, and general welfare demanding it. HALL COUNTY BOARD OF COMMISSIONERS By_________________________________________ Chairman ________________________________________ Commissioner ________________________________________ Commissioner _______________________________________ Commissioner ________________________________________ Commissioner ATTEST: _____________________________________ Clerk EXHIBIT A CHAPTER 17.225. PROTECTED WATER SUPPLY WATERSHED, PROTECTED GROUNDWATER RECHARGE AREA, AND WETLANDS PROTECTION OVERLAY ZONING DISTRICTS 17.225.010. Purpose. The purpose and intent of these overlay zones is to conserve natural resources or realize development objectives without unduly disturbing the expectations created by the existing zoning ordinance. The existing zoning provisions may properly regulate the relevant district, in general, but more specific and targeted provisions contained in an overlay district are needed to accomplish pressing land use objectives related to the conservation of fragile natural resources. These resources include, but are not limited to, ground water recharge areas, water supply watershed and wetlands. 17.225.020. Definitions. The definitions listed below shall pertain to activities within the overlay districts: Aquifer: Any stratum or zone of rock beneath the surface of the earth capable of containing or producing water from a well. Buffer: A natural and/or landscaped open space and/or screen for buffering incompatible land uses or to visibly separate uses through distance to shield or block noise, light, glare, or visual or other nuisances; that portion of a given lot, not covered by buildings, pavement, parking, access and service areas, established for the purpose of screening and separating properties with incompatible land uses, width of which is measured from the common property line and extending the developed portion of the common property line. A buffer consists of trees, shrubs and other natural vegetation undisturbed by grading or site development and replanted where sparsely vegetated or where disturbed for approved access and utility crossings. Buffer, Undisturbed: An undisturbed buffer is one left in a natural state or augmented with plantings to achieve the goal of buffering. DRASTIC: The standardized system for evaluating groundwater pollution potential using the hydrogeologic settings described in U.S. Environmental Protection Agency document EPA-600/2-87-035. The “DRASTIC” methodology is the most widely used technique for evaluating pollution susceptibility. Generalized Wetlands Maps: All wetlands within the jurisdiction of Hall County, Georgia, as indicated on the National Wetlands Inventory Maps. Disclaimer Language: The Generalized Wetlands Map does not necessarily represent the boundaries of jurisdictional wetlands within Hall County and cannot serve as a substitute for a delineation of wetland boundaries by the U.S. Army Corps of Engineers, as required by Section 404 of the Clean Water Act, as amended. Hazardous Waste: Any solid waste which has been defined as a hazardous waste in regulations, promulgated by the administrator of the U.S. Environmental Protection Agency pursuant to the federal act, which are in force and effect on February 1, 1988, codified as 40 C.F.R. Section 261.3. Impervious Surface: Man-made structures or surfaces which prevent the infiltration of storm water into the ground below the structure or surface. Examples include, but are not limited to, buildings, roads, driveways, parking lots, decks, swimming pools or patios. Intake: The intake for the purpose of determining the watershed above the intake is the structure by which water will be removed from the North Oconee River and pumped to the reservoir, and will be located in the approximate area of the intersection of the Buffington Mill Creek and the North Oconee River. Jurisdictional Wetlands: An area that meets the definitional requirements for wetlands as determined by the U.S. Army Corps of Engineers. Jurisdictional Wetlands Determination: A delineation of jurisdictional wetland boundaries by the U.S. Army Corps of Engineers, as required by Section 404 of the Clean Water Act, 33 U.S.C. § 1344, as amended. Land-Disturbing Activity: Any grading, scraping, excavating, or filling of land; clearing of vegetation; and any construction, rebuilding, or alteration of a structure. Land-disturbing activity shall not include activities such as ordinary maintenance and landscaping operation, individual home gardens, yard and grounds upkeep, repairs, additions or minor modifications to a single-family dwelling, and the cutting of firewood for personal use. Overlay District: A zoning district that encompasses one or more underlying zones and that imposes additional requirements above that required by the underlying zone(s). An overlay district can be coterminous with existing zoning districts or contain only parts of one or more such districts. Perennial Stream: A stream which flows throughout the entire year as indicated by a solid blue line on a USGS 7 ½ minute topographic series map. Pollution Susceptibility: The relative vulnerability of an aquifer to being polluted from spills, discharge, leaks, impoundments, application of chemicals, injections and other human activities in the recharge area. Pollution Susceptibility Maps: Maps prepared by the Department of Natural Resources showing relative vulnerability of aquifers to pollution. Pollution susceptibility maps categorize the land areas of the State into areas having high, medium and low groundwater pollution potential. Recharge Areas: Any portion of the earth’s surface, where water infiltrates into the ground to replenish an aquifer. Regulated Activity: Any activity which will, or which may reasonably be expected to, result in the discharge of dredged or fill material into waters of the U.S. excepting those activities exempted in Section 404 of the Federal Clean Water Act. Reservoir Boundary: The edge of a water supply reservoir defined by its normal pool level. Significant Recharge Areas: Those areas mapped by the Department of Natural Resources in Hydrologic Atlas 18 (1989 edition). Mapping of recharge areas is based on outcrop area, lithology, soil type and thickness, slope, density of lithologic contracts, geologic structure, the presence or karst, and potentiometric surfaces. Significant recharge areas for Hall County are typified by those in the Piedmont and Blue Ridge, where rocks have primary porosity, with most groundwater being stored in the overlying soils. Utility: Public or private water or sewer piping systems, water or sewer pumping stations, electric power lines, fuel pipelines, telephone lines, roads, driveways, bridges, river/lake access facilities, storm water systems, and railroads or other utilities identified by a local government. Water Supply Reservoir: A governmentally owned impoundment of water for the primary purpose of providing water to one or more governmentally owned public drinking water systems. This excludes multi-purpose reservoirs owned by the U.S. Army Corps of Engineers. Water Supply Watershed: The area of land upstream of a governmentally owned public drinking water intake. Water Supply Watershed Protection Plan: A land use plan prepared and adopted by local government for the protection of the quality of drinking water obtained from the watershed. Wetland Protection District: All wetlands within Hall County which are indicated on the Wetlands Protection District Overlay Map as “wetlands providing significant wildlife habitat and/or which may be subject to extensive mitigation.” Wetlands: Those areas that are inundated or saturated by surface or groundwater at a frequency and duration to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, and that meets the definition of natural conditions. Wetlands shall include any area delineated as a wetland by the United States Army Corps of Engineers under their jurisdiction pursuant to Section 404 of the Federal Clean Water Act as amended; or any area shown on a 1:24,000 scale, United States Fish and Wildlife Service National Wetland Inventory Map as being a wetland; or any area shown on a 1:24,000 scale, Georgia Department of Natural Resources land cover database map as being a wetland. Wetlands, Freshwater: A wetland, as defined in this code, that does not include any areas defined as “coastal marshlands” by the State Coastal Marshlands Protection Act. Section 17.225.030. North Oconee Water Supply Watershed District. The North Oconee River Small protected Water Supply Watershed Overlay district is are hereby designated, and shall consist of the land areas that drain to the proposed North Oconee River public water supply intakes and or water supply reservoirs. The boundaries of this these overlays is are defined by the ridgelines of the respective watersheds and the boundary of a radius of seven (7) miles upstream of the respective water supply intakes. This These districts shall be further delineated and defined on the Water Supply Watershed Protection Overlay Map of the Hall County Official Zoning Map, which is hereby incorporated and made a part of this resolution by reference. Section 17.225.040. Minimum Criteria for North Oconee Small Water Supply Watersheds. A. Permitted Uses for Perennial Stream Corridors within a seven mile radius upstream of the North Oconee River a governmentally owned public drinking water supply intake: All uses allowed in the underlying zoning districts as established by this Resolution, except for those listed below are permitted in the Water Supply Watershed Protection District, subject to the following standards: 1. A buffer shall be maintained for a distance of 100 feet on both sides of the stream as measured from the stream banks. 2. No impervious surface shall be constructed within a 150-foot setback area on both sides of the stream as measured from the stream banks. Septic tanks and septic tank drainfields are prohibited in this setback. B. Permitted Uses for Perennial Stream Corridors outside a seven mile radius upstream of the proposed North Oconee a governmentally owned public drinking water supply intake: All uses allowed in the underlying zoning districts as established by this Resolution, except for those listed below are permitted in the Water Supply Watershed Protection District, subject to the following standards: 1. A buffer shall be maintained for a distance of 50 feet on both sides of the stream as measured from the stream banks. 2. No impervious surface shall be constructed within a 75-foot setback area on both sides of the stream as measured from the stream banks. Septic tanks and septic tank drainfields are prohibited in this setback. C. General Criteria for Small Water Supply Watersheds: The following criteria apply to all locations in the North Oconee a small water supply watershed: 1. The impervious surface area, including all public and private structures, utilities, or facilities, of the entire water supply watershed shall be limited to twenty-five (25%) percent, or existing use, whichever is greater. 2. New hazardous waste treatment or disposal facilities are prohibited. 3. New sanitary landfills are allowed only if they have synthetic liners and leachate collection systems. 4. New facilities, located within seven (7) miles of a water supply intake or water supply reservoir, which handle hazardous material of the types listed in Section 312 of the Resource Conservation and Recovery Act of 1976 (excluding underground storage tanks) and amounts of 10,000 pounds or more on any one day or more, shall perform their operations on impervious surfaces and in conformance with any applicable federal spill prevention requirements or the requirements of the Standard Fire Prevention Code. Section 17.225.050. Exemptions. The following uses are exempt from the stream corridor buffer and setback requirements if they meet the stipulated conditions: A. Land Uses existing prior to the promulgation of the Water Supply Watershed Protection Plans are exempt from the provisions of Water Supply Watershed Protection Plans. Any existing structure which is non-conforming with respect to the setback, buffer and/or impervious surface requirements of this chapter may be re-established if damaged or destroyed, provided the degree of non-conformity is not increased with the construction of the replacement structure. B. Forestry and Agricultural Activities 1. Agricultural activities involving the planting and harvesting of crops, and the raising of poultry and livestock, are exempted if they conform to the best management practices established by the Georgia Department of Agriculture, and the activity does not impair the quality of the drinking water system. 2. Silviculture activities must conform to the best management practices established by the Georgia Forestry Commission and not impair the quality of the drinking water system. C. Utilities. 1. Utilities shall be located as far as reasonably possible from the perennial stream bank, and shall not impair the quality of the drinking water stream. 2. Utilities shall be installed and maintained without changing the integrity of the buffer and setback areas as much as possible. Section 17.225.070. Protected Groundwater Recharge Area District. The protected groundwater recharge area overlays are hereby designated, and shall consist of all lands within the jurisdiction of Hall County, Georgia that are mapped as significant recharge areas by the Georgia Department of Natural Resources in Hydrologic Atlas 18, 1989 edition. These districts shall be further delineated and defined on the Ground Water Recharge Area Protection Overlay Map of the Hall County Official Zoning Map, which is hereby incorporated and made a part of this resolution by reference. Section 17.225.080. Permitted Uses. All uses allowed in the underlying zoning districts as established by this Resolution except for those listed in Prohibited uses below are permitted in a significant Protected Groundwater Recharge Area Overlay, subject to the following conditions and standards: A. The Department of Natural Resources shall not issue any permits for new sanitary landfills not having synthetic liners and leachate collection systems. B. The Department of Natural Resources shall not issue any new permits for the land disposal of hazardous wastes. C. The Department of Natural Resources shall require all new facilities permitted or to be permitted to treat, store, or dispose of hazardous waste to perform such operations on an impermeable pad having a spill and leak collection system. D. New above-ground chemical or petroleum storage tanks, having a minimum volume of 660 gallons, shall have secondary containment for 110% of the volume of such tanks or 110% of the volume of the largest tank in a cluster of tanks. (Note: These figures are consistent with US EPA rules for oil pollution prevention, 40 CFR 112.1.) Such tanks used for agricultural purposes are exempt, provided they comply with all Federal requirements. E. New agricultural waste impoundment sites shall be lined if they are within: 1. A high pollution susceptibility area; 2. A medium pollution susceptibility area and exceed 15 acre-feet; 3. A low pollution susceptibility area and exceed 50 acre-feet. As a minimum, the liner shall be constructed of compacted clay having a thickness of one-foot and a vertical hydraulic conductivity of less than 5 x 10-7 cm/sec or other criteria established by the Natural Resources Conservation Service. (The average size of existing agricultural waste impoundments in Georgia is about 15 acre-feet; sheeps-foot rollers or pans with heavy rubber tires, which are normal equipment for most Georgia earth moving contractors, should be able to compact clay to the recommended vertical hydraulic conductivity.) F. New homes served by a septic tank/drain field system shall be on lots having minimum size limitations as follows, based on application of Table MT-1 of the DHR Manual (hereinafter DHR Table MT-1). The minimums set forth in Table MT-1 may be increased further based on consideration of other factors (set forth in Sections A-F) of the DHR Manual. 1. 150% of the subdivision minimum lot size calculated based on application of DHR Table MT-1 if they are within a high pollution susceptibility area; and 2. 125% of the subdivision minimum lot size calculated based on application of DHR Table MT-1 if they are within a medium pollution susceptibility area; and 3. 110% of the subdivision minimum lot size calculated based on application of DHR Table MT-1 if they are within a low pollution susceptibility area. G. New mobile home parks served by septic tank/drain field systems shall have lots or spaces having the following size limitations as follows, based on application of Table MT-2 of the DHR Manual (hereinafter DHR Table MT-2). The minimums set forth in Table MT-2 may be increased further based on consideration of other factors (set forth in Sections A-F) of the DHR Manual. 1. 150% of the subdivision minimum lot or space size calculated based on application of DHR Table MT-2 if they are within a high pollution susceptibility area; and 2. 125% of the subdivision minimum lot or space size calculated based on application of DHR Table MT-2 if they are within a medium pollution susceptibility area; and 3. 110% of the subdivision minimum lot or space size calculated based on application of DHR Table MT-2 if they are within a low pollution susceptibility area. Determination of Pollution Susceptibility: Each recharge area shall be determined to have a pollution susceptibility of high, medium, or low based on the Georgia Pollution Susceptibility Map, Hydrologic Atlas 20, 1992 edition. Said map is hereby adopted and made a part of this ordinance. H. If Hall County requires a larger lot size than that required by (F) above for homes or by (G) above for mobile homes, the larger lot size shall be used. I. No construction may proceed on a building or mobile home to be served by a septic tank unless the Hall County Health Department first approves the proposed septic tank installation as meeting the requirements of the DHR Manual and (F), (G), and (H) above. J. New facilities which handle hazardous material of the types listed in Section 312 of the Resource Conservation and Recovery Act of 1976 (excluding underground storage tanks), and amounts of ten thousand (10,000) pounds or more on any one day, shall perform their operations on impervious surfaces in conformance with any applicable federal spill prevention requirements or the requirements of the Standard Fire Prevention Code. K. The Department of Natural Resources shall require conservative design in any new permits for the spray irrigation of wastewater or the land spreading of wastewater sludge in areas having high pollution susceptibility. This shall be accomplished by comparing the Department’s CRITERIA FOR SLOW RATE LAND TREATMENT (February, 1986 or latest edition) with amendments and other technical publications to site specific information submitted by a registered professional engineer for each project. L. Permanent storm water infiltration basins shall not be constructed in areas having high pollution susceptibility. M. Exclusive of mining settling basins, new wastewater treatment basins shall have an impermeable liner in areas having high pollution susceptibility. Section 17.225.090. Exemptions. Any lot of record approved prior to the date of the adoption of this resolution shall be exempt from the lot size standards in (F) and (G) above. on the date of adoption of the lot size standards in (F) and (G) above are exempt from the requirements of (F) and (G) above. Section 17.225.100. Wetland Protection District. Wetland Protection District overlays are hereby designated, and shall consist of all wetlands as indicated on the Generalized Wetlands Map, as defined herein and located within the jurisdiction of Hall County. These districts shall be further delineated and defined on the Wetland Protection District Overlay Map of the Hall County Official Zoning Map, which is hereby incorporated and made a part of this Resolution by reference. The Generalized Wetland Map is a general reference document and wetland boundaries indicated on the map are approximations. The purpose of the Generalized Wetland Map is to alert developers/landowners if they are within proximity to a wetland, which means that there is a high likelihood of the presence of a jurisdictional wetland and a need for the developer/landowner to seek U.S. Army Corps of Engineers guidance as to whether a Section 404 Permit will be required to prior to any activity. The Generalized Wetland Map does not necessarily represent the exact boundaries of jurisdictional wetlands within Hall County and cannot serve as a substitute for a delineation of wetland boundaries by the U.S. Army Corps of Engineers, as required by Section 404 of the Clean Water Act, as amended. Any local government action under this ordinance does not relieve the landowner from federal and state permitting requirements. Section 17.222.105. Local Development Permits. (A) No regulated activity will be permitted within the Wetland Protection District, without prior approval by the Hall County in the form of a local development permit. Issuance of a local development permit is contingent on full compliance with the terms of this ordinance and other applicable regulations. All activities which are not exempted below shall be prohibited without prior issuance of a local development permit. (B) Prior to the issuance of a local development permit, the Planning Department shall assess whether the proposed activity is of a type that could result in a disturbance of wetlands and, if so, shall also assess whether the proposed activity is located with the wetland protection district or within fifty (50’) feet of the district. (C) If the Planning Department determines that the proposed activity is of a type that could not result in a disturbance of wetlands, or if the proposed activity is not located within the wetland protection district or within fifty (50’) feet of the wetland protection district, the Planning Department shall follow normal procedures for issuing a development permit. (D) If the Planning Department determines that the proposed activity is of a type that could result in a disturbance of wetlands and that the proposed activity is located within the wetland protection district, or within fifty (50’) feet of the wetland protection district, a U.S. Army Corps of Engineers jurisdictional wetland determination shall be required prior to issuance of a local development permit. 1. If the U.S. Army Corps of Engineers determines that a Department of the Army permit is required, a local development permit shall be issued only following issuance of the Department of Army permit. 2. If the U.S. Army Corps of Engineers determines that the proposed activity would not require a Department of Army permit, the Planning Department shall proceed with normal procedures for issuing a local development permit. Section 17.225.110. Permitted Uses. All uses allowed in the underlying zoning districts as established by this Resolution except for those listed in Prohibited Uses below are permitted in the Wetland Protection District Overlay, subject to the following conditions and standards: (A) No development permit shall be issued on a project that appears to contain wetlands until a determination has been made by the Corps of Engineers on whether jurisdictional wetlands exist on the site. If there are jurisdictional wetlands on the site that will be disturbed by the proposed development, the applicant must obtain a wetlands alteration Section 404 Permit from the Corps of Engineers. (B) If a project appears to contain wetlands, the following note must be printed in bold-face type on all development plans: This site contains wetlands. The applicant will first obtain a wetland alteration Section 404 Permit from the Corps of Engineers prior to disturbing any jurisdictional wetlands. (C) Use of wetland areas without long term impairment is permitted. Acceptable uses may include: a. Timber production and harvesting; b. Wildlife and fisheries management; c. Wastewater treatment; d. Recreation; e. Natural water quality treatment or purification; f. Other uses permitted under Section 404 of the Clean Water Act. Section 17.225.115. Prohibited Uses. Prohibited uses of wetland areas include: a. Receiving areas for toxic or hazardous waste or other contaminants; b. Hazardous or sanitary waste landfills.  |
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