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Model Soil Erosion And 7. Director: The Director of the
Sedimentation Control Environmental Protection Division of the
Department of Natural Resources.
Ordinance 3. District: The Coastal Soil and Water
Conservation District.
9. Division: The Environmental Protection
NOW, THEREFORE, BE IT ORDAINED, BY Division of the Department of Natural
THE Council of The City of Tybee Island Resources.
13. Drainage Structure: A device composed
of a virtually non - erodible material such as
SECTION I TITLE concrete, steel, plastic or other such
material that conveys water from one place
This ordinance will be known as " The City of to another by intercepting the flow and
Tybee Island Soil Erosion and Sedimentation carrying it to a release point for storm -water
Control Ordinance." management, drainage control, or flood
control purposes.
SECTION II DEFINITIONS 11. Erosion: The process by which land
surface is worn away by the action of wind,
The following definitions shall apply in the water, ice or gravity.
interpretation and enforcement of this ordinance, 1. 2. Erosion and Sedimentation Control Plan:
unless otherwise specifically stated: A plan for the control of soil erosion and
sedimentation resulting from a land -
1. Best Management Practices (BMP's): A disturbing activity. Also known as the
collection of structural practices and "plan ".
vegetative measures which, when properly 1.3. Fill: A portion of land surface to which
designed, installed and maintained, will soil or other solid material has been added;
provide effective erosion and the depth above the original ground.
sedimentation control. The term "properly 14. Finished Grade: The final elevation and
designed" means designed in accordance contour of the ground after cutting or filling
with the hydraulic design specifications and conforming to the proposed design.
contained in the "Manual for Erosion and 1 Grading: Altering the shape of ground
Sediment Control in Georgia" specified in surfaces to a predetermined condition; this
O.C.G.A. 12 -7 -6 subsection (b). includes stripping, cutting, filling,
2. Board: The Board of Natural Resources. stockpiling and shaping or any
3. Buffer: The area of land immediately combination thereof and shall include the
adjacent to the banks of state waters in its land in its cut or filled condition.
natural state of vegetation, which facilitates 16. Ground Elevation: The original elevation
the protection of water quality and aquatic of the ground surface prior to cutting or
habitat. filling.
4. Commission: The State Soil & Water 1 7. Land- Disturbing Activity: Any activity
Conservation Commission. which may result in soil erosion from water
5. Cut: A portior, of land surface or area from or wind and the movement of sediments
which earth has been removed or will be into state waters or onto lands within the
removed by excavation; the depth below state, including, but not limited to,
original ground surface to excavated clearing, dredging, grading, excavating,
surface. Also known as excavation. transporting, and filling of land but not
6. Department: The Department of Natural including agricultural practices as
Resources. described in Section III, Paragraph 5.
13. Larger Common Plan of Development or
Sale: A contiguous area where multiple
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separate and distinct construction activities 24. Permit: The authorization necessary to
are occurring under one plan of conduct a land- disturbing activity under the
development or sale. For the purposes of provisions of this ordinance.
this paragraph, "plan" means an 25. Person: Any individual, partnership, firm,
announcement; piece of documentation association, joint venture, public or private
such as a sign, public notice or hearing, corporation, trust, estate, commission,
sales pitch, advertisement, drawing, permit board, public or private institution, utility,
application, zoning request, or computer cooperative, state agency, municipality or
design; or physical demarcation such as other political subdivision of this State, any
boundary signs, lot stakes, or surveyor interstate body or any other legal entity.
markings, indicating that construction 26. Project: The entire proposed development
activities may occur on a specific plot. project regardless of the size of the area of
19. Local Issuing Authority: The governing land to be disturbed.
authority of any county or municipality 27. Qualified Personnel: Any person who
which is certified pursuant to subsection (a) meets or exceeds the education and
O.C.G.A. 12 -7 -8. training requirements of O.C.G.A. 12 -7 -19.
20. Metropolitan River Protection Act 28. Roadway Drainage Structure: A device
(MRPA): A state law referenced as such as a bridge, culvert, or ditch,
O.C.G.A. 12 -5-440 et. seq., which composed of a virtually non - erodible
addresses environmental and material such as concrete, steel, plastic, or
developmental matters in certain other such material that conveys water
metropolitan river corridors and their under a roadway by intercepting the flow
drainage basins. on one side of a traveled way consisting of
21. Natural Ground Surface: The ground one or more defined lanes, with or without
surface in its original state before any shoulder areas, and carrying water to a
grading, excavation or filling. release point on the other side.
22. Nephelometric Turbidity Units (NTU): 29. Sediment: Solid material, both organic and
Numerical units of measure based upon inorganic, that is in suspension, is being
photometric analytical techniques for transported, or has been moved from its
measuring the light scattered by finely site of origin by air, water, ice, or gravity as
divided particles of a substance in a product of erosion.
suspension. This technique is used to 3D. Sedimentation: The process by which
estimate the extent of turbidity in water in eroded material is transported and
which colloid ally dispersed particles are deposited by the action of water, wind, ice
present. or gravity.
23. Operator: The party or parties that have: 31. Soil and Water Conservation District
(A) operational control of construction Approved Plan: An erosion and
project plans and specifications, including sedimentation control plan approved in
the ability to make modifications to those writing by the Coastal_soil and water
plans and specifications; or (B) day - to-day conservation district.
operational control of those activities that 32. Stabilization: The process of establishing
are necessary to ensure compliance with a an enduring soil cover of vegetation by the
storm -water pollution prevention plan for installation of temporary or permanent
the site or other permit conditions, such as structures for the purpose of reducing to a
a person authorized to direct workers at a minimum the erosion process and the
site to carry out activities required by the resultant transport of sediment by wind,
storm -water pollution prevention plan or to water, ice or gravity.
comply with other permit conditions. 3.3. State General Permit: The National
Pollution Discharge Elimination System
general permit or permits for storm -water
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runoff from construction activities as is now 37. Vegetative Erosion and Sedimentation
in effect or as may be amended or reissued Control Measures: Measures for the
in the future pursuant to the state's stabilization of erodible or sediment -
authority to implement the same through producing areas by covering the soil with:
federal delegation under the Federal Water a. Permanent seeding, sprigging or
Pollution Control Act, as amended, 33 planting, producing long -term
U.S.C. Section 1251, et seq., and vegetative cover; or
subsection (f) of Code Section 12 -5 -30. b. Temporary seeding, producing
34. State Waters: Any and all rivers, streams, short-term vegetative cover; or
creeks, branches, lakes, reservoirs, ponds, c. Sodding, covering areas with a
drainage systems, springs, wells, and other turf of perennial sod - forming
bodies of surface or subsurface water, grass.
natural or artificial, lying within or forming Such measures can be found in the
a part of the boundaries of the State which publication Manual for Erosion and
are not entirely confined and retained Sediment Control in Georgia.
completely upon the property of a single 38. Watercourse: Any natural or artificial
individual, partnership, or corporation. watercourse, stream, river, creek, channel,
35. Structural Erosion and Sedimentation ditch, canal, conduit, culvert, drain,
Control Practices: Practices for the waterway, gully, ravine, or wash in which
stabilization of erodible or sediment- water flows either continuously or
producing areas by utilizing the intermittently and which has a definite
mechanical properties of matter for the channel, bed and banks, and including any
purpose of either changing the surface of area adjacent thereto subject to inundation
the land or storing, regulating or disposing by reason of overflow or floodwater.
of runoff to prevent excessive sediment 39. Wetlands: Those areas that are inundated
loss. Examples of structural erosion and or saturated by surface or ground water at a
sediment control practices are riprap, frequency and duration sufficient to
sediment basins, dikes, level spreaders, support, and that under normal
waterways or outlets, diversions, grade circumstances do support a prevalence of
stabilization structures, sediment traps and vegetation typically adapted for life in
land grading, etc. Such practices can be saturated soil conditions. Wetlands
found in the publication Manual for generally include swamps, marshes, bogs,
Erosion and Sediment Control in Georgia. and similar areas.
36. Trout Streams: All streams or portions of
streams within the watershed as SECTION III EXEMPTIONS
designated by the Game and Fish Division
of the Georgia Department of Natural This ordinance shall apply to any land- disturbing
Resources under the provisions of the activity undertaken by any person on any land
Georgia Water Quality Control Act, except for the following:
O.C.G.A. 12 -5 -20 et. seq. Streams 1. Surface mining, as the same is defined in
designated as primary trout waters are O.C.G.A. 12 -4 -72, "Mineral Resources and
defined as water supporting a self- Caves Act ";
sustaining population of rainbow, brown or 2. Granite quarrying and land clearing for
brook trout. Streams designated as such quarrying;
secondary trout waters are those in which 3. Such minor land- disturbing activities as
there is no evidence of natural trout home gardens and individual home
reproduction, but are capable of supporting landscaping, repairs, maintenance work,
trout throughout the year. First order trout
fences, and other related activities which
waters are streams into which no other result in minor soil erosion;
streams flow except springs.
G: comm /emh /tybee/ ordinances /2005 /soilanderosionorc04.13.07 5
4. The construction of single - family chickens, hens and turkeys; producing
residences, when such construction plants, trees, fowl, or animals; the
disturbs less than one acre and is not a part production of aqua culture, horticultural,
of a larger common plan of development or dairy, livestock, poultry, eggs and apiarian
sale with a planned disturbance of equal to products; farm buildings and farm ponds;
or greater than one acre and not otherwise 6. Forestry land management practices,
exempted under this paragraph; provided, including harvesting; provided, however,
however, that construction of any such that when such exempt forestry practices
residence shall conform to the minimum cause or result in land- disturbing or other
requirements as set forth in Section IV of activities otherwise prohibited in a buffer,
this ordinance and this paragraph. For as established in paragraphs (15) and (16)
single - family residence construction of Section IV C. of this ordinance, no other
covered by the provisions of this land- disturbing activities, except for normal
paragraph, there shall be a buffer zone forest management practices, shall be
between the residence and any state waters allowed on the entire property upon which
classified as trout streams pursuant to the forestry practices were conducted for a
Article 2 of Chapter 5 of the Georgia Water period of three years after completion of
Quality Control Act. In any such buffer such forestry practices;
zone, no land- disturbing activity shall be 7. Any project carried out under the technical
constructed between the residence and the supervision of the Natural Resources
point where vegetation has been wrested Conservation Service of the United States
by normal stream flow or wave action from Department of Agriculture;
the banks of the trout waters. For primary 8. Any project involving one and one tenth
trout waters, the buffer zone shall be at acres or less than one acre of disturbed
least 50 horizontal feet, and no variance to area; provided, however, that this
a smaller buffer shall be granted. For exemption shall not apply to any land -
secondary trout waters, the buffer zone disturbing activity within a larger common
shall be at least 50 horizontal feet, but the plan of development or sale with a planned
Director may grant variances to no less disturbance of equal to or greater than one
than 25 feet. Regardless of whether a trout acre or within 200 feet of the bank of any
stream is primary or secondary, for first state waters, and for purposes of this
order trout waters, which are streams into paragraph, "State Waters" excludes
which no other streams flow except for channels and drainage ways which have
springs, the buffer shall be at least 25 water in them only during and immediately
horizontal feet, and no variance to a after rainfall events and intermittent streams
smaller buffer shall be granted. The which do not have water in them year -
minimum requirements of Section IV of this round; provided, however, that any person
ordinance and the buffer zones provided responsible for a project which involves
by this section shall be enforced by the less than one acre, which involves land -
issuing authority; disturbing activity, and which is within 200
5. Agricultural operations as defined in feet of any such excluded channel or
O.C.G.A. 1 -3 -3, "definitions ", to include drainage way, must prevent sediment from
raising, harvesting or storing of products of moving beyond the boundaries of the
the field or orchard; feeding, breeding or property on which such project is located
managing livestock or poultry; producing and provided, further, that nothing
or storing feed for use in the production of contained herein shall prevent the Local
livestock, including but not limited to Issuing Authority from regulating any such
cattle, calves, swine, hogs, goats, sheep, project which is not specifically exempted
and rabbits or for use in the production of by 1 2 3 4 5 6, 7
poultry, Y , 9 or 10 of
p ry, including but not limited to this section;
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9. Construction or maintenance projects, or Service Commission, any utility under the
both, undertaken or financed in whole or regulatory jurisdiction of the Federal Energy
in part, or both, by the Department of Regulatory Commission, any cable
Transportation, the Georgia Highway television system as defined in O.C.G.A.
Authority, or the State Toll way Authority; 36 -18 -1, or any agency or instrumentality
or any road construction or maintenance of the United States engaged in the
project, or both, undertaken by any county generation, transmission, or distribution of
or municipality; provided, however, that power is a secondary permittee for a
such projects shall confirm to the minimum project located within a larger common
requirements set forth in Section IV B. & C. plan of development or sale under the state
of this ordinance; provided further that general permit, in which case the local
construction or maintenance projects of issuing authority shall enforce compliance
Department of Transportation or State Toll with the minimum requirement set forth in
way Authority which disturb five one or O.C.G.A. 12 -7 -6 as if a permit had been
more contiguous acres of land shall be issued, and violations shall be subject to
subject to provisions of O.C.G.A. 12- 7 -7.1; the same penalties as violations by permit
and; except where the Department of holders; and
Transportation, the Georgia Highway 11. Any public water system reservoir.
Authority, or the State Road and Tollway
Authority is a secondary permittee for a SECTION IV MINIMUM REQUIREMENTS.
project located within a larger common FOR EROSION AND
plan of development or sale under the state SEDIMENTATION CONTROL
genera permit, in which case a copy of a USING BEST MANAGEMENT
notice of intent under the state general PRACTICES
permit shall be submitted to the local
issuing authority, the local issuing authority
shall enforce compliance with the A. GENERAL PROVISIONS
minimum requirements set forth in Excessive soil erosion and resulting
O.C.G.A. 12 -7 -6 as if a permit had been sedimentation can take place during land -
issued, and violations shall be subject to disturbing activities. Therefore, plans for
those land- disturbing activities which are not
the same penalties as violations by permit
holders; exempted by this ordinance shall contain
10. Any land- disturbing activities conducted by provisions for application of soil erosion and
any electric membership corporation or sedimentation control measures and
municipal electrical system or any public practices. The provisions shall be
utility under the regulatory jurisdiction of incorporated into the erosion and
sedimentation control plans. Soil erosion and
the Public Service Commission, provided
that any such land disturbing activity shalt sedimentation control measures and
conform to the minimum requirements set practices shall conform to the minimum
forth in Section IV B. & C. any utility under requirements of Section IV B. & C. of this
the regulatory jurisdiction of the Federal ordinance. The application of measures and
Energy Regulatory Commission, any cable practices shall apply to all features of the
television system as defined in O.C.G.A. site, including street and utility installations,
drainage facilities and other temporary and
36 -18 -1, or any agency or instrumentality
of the United States engaged in the permanent improvements. Measures shall be
generation, transmission, or distribution of installed to prevent or control erosion and
power; except where am electric sedimentation pollution during all stages of
membership corporation or municipal any land- disturbing activity.
electrical system or any public utility under B. MINIMUM REQUIREMENTS /BMPs
the regulatory jurisdiction of the Public any 1. Best management practices as set forth in
Section IV B. & C. of this ordinance shall
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be required for all land- disturbing disturbing permit issued by a Local
activities. Proper design, installation, and Issuing Authority or of any state general
maintenance of best management permit issued by the Division pursuant to
practices shall constitute a complete subsection (f) of Code Section 12 -5 -30,
defense to any action by the Director or the "Georgia Water Quality Control Act ",
to any other allegation of noncompliance for each day on which such failure
with paragraph (2) of this subsection or occurs.
any substantially similar terms contained 4. The Director may require, in accordance
in a permit for the discharge of with regulations adopted by the Board,
stormwater issued pursuant to subsection reasonable and prudent monitoring of
(f) of O.C.G.A. 12 -5 -30, the "Georgia the turbidity level of receiving waters
Water Quality Control Act ". As used in into which discharges from land
this subsection the terms "proper design" disturbing activities occur.
and "properly designed" mean designed C. The rules and regulations, ordinances, or
in accordance with the hydraulic design resolutions adopted pursuant to this chapter
specifications contained in the "Manual for the purpose of governing land- disturbing
for Erosion and Sediment Control in activities shall require, as a minimum,
Georgia" specified in O.C.G.A. 12 -7 -6 protections at least as stringent as the state
subsection b). general permit; and best management
2. A discharge of stormwater runoff from practices, including sound conservation and
disturbed areas where best management engineering practices to prevent and
practices have not been properly minimize erosion and resultant
designed, installed, and maintained shall sedimentation, which are consistent with,
constitute a separate violation of any and no less stringent than, those practices
land- disturbing permit issued by a local contained in the Manual for Erosion and
Issuing Authority or of any state general Sediment Control in Georgia published by
permit issued by the Division pursuant to the Georgia Soil and Water Conservation
subsection (f) of O.C.G.A. 12 -5 -30, the Commission as of January 1 of the year in
"Georgia Water Quality Control Act ", for which the land- disturbing activity was
each day on which such discharge permitted, as well as the following:
results in the turbidity of receiving waters 1. Stripping of vegetation, regarding and
being increased by more than 25 other development activities shall be
nephelometric turbidity units for waters conducted in a manner so as to minimize
supporting warm water fisheries or by erosion;
more than ten nephelometric turbidity 2. Cut -fill operations must be kept to a
units for waters classified as trout waters. minimum;
The turbidity of the receiving waters shall 3. Development plans must conform to
be measured in accordance with topography and soil type so as to create
guidelines to be issued by the Director. the lowest practical erosion potential;
This paragraph shall not apply to any 4. Whenever feasible, natural vegetation
land disturbance associated with the shall be retained, protected and
construction of single family homes supplemented;
which are not part of a larger common 5. The disturbed area and the duration of
plan of development or sale unless the exposure to erosive elements shall be
planned disturbance for such kept to a practicable minimum;
construction is equal to or greater than 6. Disturbed soil shall be stabilized as
five acres. quickly as practicable;
3. Failure to properly design, install, or 7. Temporary vegetation or mulching shall
maintain best management practices be employed to protect exposed critical
shall constitute a violation of any land- areas during development;
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8. Permanent vegetation and structural adequate erosion control measures are
erosion control practices shall be incorporated in the project plans and
installed as soon as practicable; specifications, and are implemented;
9. To the extent necessary, sediment in run- provided, however, the buffers of at least
off water must be trapped by the use of 25 feet established pursuant to part 6 of
debris basins, sediment basins, silt traps, Article 5, Chapter 5 of Title 12, the
or similar measures until the disturbed "Georgia Water Quality Control Act ",
area is stabilized. As used in this shall remain in force unless a variance is
paragraph, a disturbed area is stabilized granted by the Director as provided in
when it is brought to a condition of this paragraph. The following
continuous compliance with the requirements shall apply to any such
requirements of O.C.G.A. 12 -7 -1 et. seq.; buffer:
10. Adequate provisions must be provided to a. No land- disturbing activities shall be
minimize damage from surface water to conducted within a buffer and a
the cut face of excavations or the sloping buffer shall remain in its natural,
of fills; undisturbed state of vegetation until
11. Cuts and fills may not endanger all land- disturbing activities on the
adjoining property; construction site are completed.
12. Fills may not encroach upon natural Once the final stabilization of the
watercourses or constructed channels in site is achieved, a buffer may be
a manner so as to adversely affect other thinned or trimmed of vegetation as
property owners; long as a protective vegetative cover
13. Grading equipment must cross flowing remains to protect water quality and
streams by means of bridges or culverts aquatic habitat and a natural canopy
except when such methods are not is left in sufficient quantity to keep
feasible, provided, in any case, that such shade on the stream bed; provided,
crossings are kept to a minimum; however, that any person
14. Land - disturbing activity plans for erosion constructing a single - family
and sedimentation control shall include residence, when such residence is
provisions for treatment or control of any constructed by or under contract
source of sediments and adequate with the owner for his or her own
sedimentation control facilities to retain occupancy, may thin or trim
sediments on -site or preclude vegetation in a buffer at any time as
sedimentation of adjacent waters beyond long as protective vegetative cover
the levels specified in Section IV B. 2. of remains to protect water quality and
this ordinance; aquatic habitat and a natural canopy
15. Except as provided in paragraph (16) of is left in sufficient quantity to keep
this subsection, there is established a 25 shade on the stream bed; and
foot buffer along the banks of all state b. The buffer shall not apply to the
waters, as measured horizontally from following land- disturbing activities,
the point where vegetation has been provided that they occur at an angle,
wrested by normal stream flow or wave as measured from the point of
action, except where the Director crossing, within 25 degrees of
determines to allow a variance that is at perpendicular to the stream; cause a
least as protective of natural resources width of disturbance of not more
and the environment, where otherwise than 50 feet within the buffer; and
allowed by the Director pursuant to adequate erosion control measures
O.C.G.A. 12 -2 -8, or where a drainage are incorporated into the project
structure or a roadway drainage structure plans and specifications and are
must be constructed, provided that implemented: (i) Stream crossings
G: common /emh /tybee/ ordinances/ 2005 /soilanderosionorc104.13.07 9
for water lines; or (ii) Stream with the owner for his or her own
crossings for sewer lines; and occupancy, may thin or trim
16. There is established a 50 foot buffer as vegetation in a buffer at any time as
measured horizontally from the point long as protective vegetative cover
where vegetation has been wrested by remains to protect water quality and
normal stream flow or wave action, aquatic habitat and a natural canopy
along the banks of any state waters is left in sufficient quantity to keep
classified as "trout streams" pursuant to shade on the stream bed; and
Article 2 of Chapter 5 of Title 12, the b. The buffer shall not apply to the
"Georgia Water Quality Control Act ", following land- disturbing activities,
except where a roadway drainage provided that they occur at an angle,
structure must be constructed ; provided, as measured from the point of
however, that small springs and streams crossing, within 25 degrees of
classified as trout streams which perpendicular to the stream; cause a
discharge an average annual flow of 25 width of disturbance of not more
gallons per minute or less shall have a 25 than 50 feet within the buffer; and
foot buffer or they may be piped, at the adequate erosion control measures
discretion of the landowner, pursuant to are incorporated into the project
the terms of a rule providing for a plans and specifications and are
general variance promulgated by the implemented: (i) Stream crossings
Board, so long as any such pipe stops for water lines; or (ii) Stream
short of the downstream landowner's crossings for sewer lines.
property and the landowner complies D. Nothing contained in this chapter shall
with the buffer requirement for any prevent any Local Issuing Authority from
adjacent trout streams. The Director may adopting rules and regulations, ordinances,
grant a variance from such buffer to or resolutions which contain stream buffer
allow land- disturbing activity, provided requirements that exceed the minimum
that adequate erosion control measures requirements in Section IV B. & C. of this
are incorporated in the project plans and ordinance.
specifications and are implemented. The E. The fact that land- disturbing activity for
following requirements shall apply to which a permit has been issued results in
such buffer: injury to the property of another shall neither
a. No land- disturbing activities shall be constitute proof of nor create a presumption
conducted within a buffer and a of a violation of the standards provided for in
buffer shall remain in its natural, this ordinance or the terms of the permit.
undisturbed, state of vegetation until
all land- disturbing activities on the SECTION V APPLICATION /PERMIT
construction site are completed. PROCESS
Once the final stabilization of the
site is achieved, a buffer may be A,. GENERAL
thinned or trimmed of vegetation as The ro e
long as a protective vegetative cover p p rtY owner, developer and designated
remains to protect water quality and planners and engineers shall review the general
aquatic habitat and a natural canopy development plans and detailed plans of the
is left in sufficient quantity to keep Local Issuing Authority that affect the tract to be
shade on the stream bed: provided, developed and the area surrounding it. They
however, that any person shall review the zoning ordinance, stormwater
constructing asingle— family management ordinance, subdivision ordinance,
residence, when such residence is flood damage prevention ordinance, this
constructed by or under contract ordinance, and other ordinances which regulate
the development of land within the jurisdictional
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boundaries of the Local Issuing Authority. O.C.G.A. 12 -7 -8 half of such fees levied
However, the operator is the only party who shall be submitted to the division; except
may obtain a permit. that any and all fees due from an entity
B. APPLICATION REQUIREMENTS which is required to give notice pursuant
1. No person shall conduct any land- to paragraph (9) or (10) of O.C.G.A. 12-
disturbing activity within the City of 7 -17 shall be submitted in full to the
Tybee Island jurisdictional boundaries division, regardless of the existence of a
without first obtaining a permit from the local issuing authority in the jurisdiction.
Department of Zoning to perform such 5. Immediately upon receipt of an
activity. application and plan for a permit, the
2. The application for a permit shall be Local Issuing Authority shall refer the
submitted to the Department of Zoning application and plan to the District for its
and must include the applicant's erosion review and approval or disapproval
and sedimentation control plan with concerning the adequacy of the erosion
supporting data, as necessary. Said plans and sedimentation control plan. A
shall include, as a minimum, the data District shall approve or disapprove a
specified in Section V C. of this plan within 35 days of receipt. Failure of
ordinance. Soil erosion and a District to act within 35 days shall be
sedimentation control plans shall considered an approval of the pending
conform to the provisions of Section IV plan. The results of the District review
B. & C. of this ordinance. Applications shall be forwarded to the Issuing
for a permit will not be accepted unless Authority. No permit will be issued
accompanied by two (2) copies of the unless the plan has been approved by
applicant's soil erosion and the District, and any variances required
sedimentation control plans. All by Section IV C. 15. & 16. and bonding,
applications shall contain a certification if required as per Section V B.5. (b), have
stating that the plan preparer or the been obtained. Such review will not be
designee thereof visited the site prior to required if the Issuing Authority and the
creation of the plan or that such a visit District have entered into an agreement
was not required in accordance with which allows the Issuing Authority to
rules and regulations established by the conduct such review and approval of the
board. plan without referring the application
3. A fee, in the amount of $ 80.00 and plan to the District.
shall be charged for each acre or fraction 6. If a permit applicant has had two or more
thereof in the project area. violations of previous permits, this
4. In addition to the local permitting fees, ordinance section, or the Erosion and
fees will also be assessed pursuant to Sedimentation Act, as amended, within
paragraph (5) subsection (a) of O.C.G.A. three years prior to the date of filing of
12 -5 -23, provided that such fees shall not the application under consideration, the
exceed $80.00 per acre of land- Local Issuing Authority may deny the
disturbing activity, and these fees shall permit application.
be calculated and paid by the primary 7. The Local Issuing Authority may require
permittee as defined in the state general the permit applicant to post a bond in
permit for each acre of land- disturbing the form of government security, cash,
activity included in the planned irrevocable letter of credit, or any
development or each phase of combination thereof up to, but not
development. All applicable fees shall exceeding, $3,000.00 per acre or
be paid prior to issuance of the land fraction thereof of the proposed land -
disturbance permit. In a jurisdiction that disturbing activity, prior to issuing the
is certified pursuant to subsection (a) of permit. If the applicant does not comply
G: common /emh / tybee/ ordinances / 2005 /soilanderosionorc104.13.07 11
with this ordinance or with the c. Name, address, and phone number
conditions of the permit after issuance, of the property owner.
the Local Issuing Authority may call the d. Name and phone number of 24-
bond or any part thereof to be forfeited hour local contact who is
and may use the proceeds to hire a responsible for erosion and
contractor to stabilize the site of the land- sedimentation controls.
disturbing activity and bring it into e. Size of project, or phase under
compliance. These provisions shall not construction, in acres.
apply unless there is in effect an f. Activity schedule showing
ordinance or statute specifically anticipated starting and completion
providing for hearing and judicial review dates for the project. Include the
of any determination or order of the statement in bold letters, that "the
Local Issuing Authority with respect to installation of erosion and
alleged permit violations. sedimentation control measures and
C. PLAN REQUIREMENTS practices shall occur prior to or
1. Plans must be prepared to meet the concurrent with land- disturbing
minimum requirements as contained in activities."
Section IV B. & C. of this ordinance. g. Stormwater and sedimentation
Conformance with the minimum management systems- storage
requirements may be attained through capacity, hydrologic study, and
the use of design criteria in the current calculations, including off -site
issue of the Manual for Erosion and drainage areas.
Sediment Control in Georgia, published h. Vegetative plan for all temporary
by the State Soil and Water Conservation and permanent vegetative measures,
Commission as a guide; or through the including species, planting dates,
use of more stringent, alternate design and seeding, fertilizer, lime, and
criteria which conform to sound mulching rates. The vegetative plan
conservation and engineering practices. should show options for year -round
The Manual for Erosion and Sediment seeding.
Control in Georgia is hereby i. Detail drawings for all structural
incorporated by reference into this practices. Specifications may follow
ordinance. The plan for the land- guidelines set forth in the Manual
disturbing activity shall consider the for Erosion and Sediment Control in
interrelationship of the soil types, Georgia.
geological and hydrological j. Maintenance statement - "Erosion
characterist cs, topography, watershed, and sedimentation control measures
vegetation, proposed permanent will be maintained at all times. If
structures including roadways, full implementation of the approved
constructed waterways, sediment control plan does not provide for effective
and storm water management facilities, erosion and sediment control,
local ordinances and State laws. additional erosion and sediment
2. Data Required for Site Plan control measures shall be
a. Narrative or notes, and other implemented to control or treat the
information: Notes or narrative to be sediment source."
located on the site plan in general 3. Maps, drawings, and supportive
notes or in erosion and sediment computations shall bear the
control notes. signature /seal of a registered or certified
b. Description of existing land use at professional in engineering, architecture,
project site and description of landscape architecture, and surveying,
proposed project. or erosion and sedimentation control.
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After December 31, 2006, all persons D. PERMITS
involved in land development design, 1. Permits shall be issued or denied as soon
review, permitting, construction, as practicable but in any event not later
monitoring, or inspection or any land- than forty -five (45) days after receipt by
disturbing activity shall meet the the Local Issuing Authority of a
education and training certification completed application, providing
requirements as developed by the variances and bonding are obtained,
commission pursuant to C.O.G.A. 12 -7- where necessary.
20. The certified plans shall contain: 2. No permit shall be issued by the Local
a. Graphic scale and north point or Issuing Authority unless the erosion and
arrow indicating magnetic north. sedimentation control plan has been
b. Vicinity maps showing location of approved by the District and the Local
project and existing streets. Issuing Authority has affirmatively
c. Boundary line survey. determined that the plan is in
d. Delineation of disturbed areas compliance with this ordinance, any
within project boundary. variances required by Section IV C. 15.
e. Existing and planned contours, with & 16. are obtained, bonding
an interval in accordance with the requirements, if necessary, as per Section
following: V B. 5. (b) are met and all ordinances
and rules and regulations in effect within
the jurisdictional boundaries of the Local
Map Scale Ground Slope Contour Issuing Authority are met. If the permit is
Interval, ft. denied, the reason for denial shall be
1 inch = 100 ft. Flat 0 -2% 0.5 or 1 furnished to the applicant.
or larger scale Rolling 2 -8% 1 or 2 3. If the tract is to be developed in phases,
Steep 8% + 2, 5 or 10 then a separate permit shall be required
for each phase.
f. Adjacent areas and feature areas 4. The permit may be suspended, revoked,
such as streams, lakes, residential or modified by the Local Issuing
areas, etc. which might be affected Authority, as to all or any portion of the
should be indicated on the plan. land affected by the plan, upon finding
g. Proposed structures or additions to that the holder or his successor in the
existing structures and paved areas. title is not in compliance with the
h. Delineate the 25 -foot horizontal approved erosion and sedimentation
buffer adjacent to state waters and control plan or that the holder or his
the specified width in MRPA areas. successor in title is in violation of this
i. Delineate the specified horizontal ordinance. A holder of a permit shall
buffer along designated trout notify any successor in title to him as to
streams, where applicable. all or any portion of the land affected by
j. Location of erosion and the approved plan of the conditions
sedimentation control measures and contained in the permit.
practices using coding symbols from
the Manual for Erosion and SECTION Vi INSPECTION AND
Sediment Control in Georgia, ENFORCEMENT
Chapter 6.
4. Maintenance of all soil erosion and A. The Department of Zoning/Public Works
sedimentation control practices, whether will periodically inspect the sites of land -
temporary or permanent, shall be at all disturbing activities for which permits have
times the responsibility of the property been issued to determine if the activities are
owner. being conducted in accordance with the
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plan and if the measures required in the plan to O.C.G.A. 12 -7 -8 (a). The Districts or the
are effective in controlling erosion and Commission or both may provide technical
sedimentation. Also, the Local Issuing assistance to any county or municipality for
Authority shall regulate both primary and the purpose of improving the effectiveness of
secondary permittees as such terms are the county's or municipality's erosion and
defined in the state general permit. Primary sedimentation control program. The Districts
permitees shall be responsible for installation or the Commission shall notify the Division
and maintenance of best management and request investigation by the Division if
practices where the primary permitee is any deficient or ineffective local program is
conducting land- disturbing activities. found.
Secondary permitees shall be responsible for E. The Board, on or before December 31,
installation and maintenance of best 2003, shall promulgate rules and regulations
management practices where the secondary setting forth the requirements and standards
permittee is conducting land- disturbing for certification and the procedures for
activities. If, through inspection, it is decertification of a local issuing authority.
deemed that a person engaged in land- The Division may periodically review the
disturbing activities as defined herein has actions of counties and municipalities which
failed to comply with the approved plan, have been certified as Local Issuing
with permit conditions, or with the Authorities pursuant to Code Section 12 -7 -8
provisions of this ordinance, a written notice (a). Such review may include, but shall not
to comply shall be served upon that person. be limited to, review of the administration
The notice shall set forth the measures and enforcement of a governing authority's
necessary to achieve compliance and shall ordinance and review of conformance with
state the time within which such measures an agreement, if any, between the district
must be completed. If the person engaged in and the governing authority. If such review
the land- disturbing activity fails to comply indicates that the governing authority of any
within the time specified, he shall be county or municipality certified pursuant to
deemed in violation of this ordinance. O.C.G.A. 12 -7 -8 (a) has not administered or
B. The Department of Zoning/Public Works enforced its ordinances or has not conducted
shall have the power to conduct such the program in accordance with any
investigations as it may reasonably deem agreement entered into pursuant to O.C.G.A.
necessary to carry out duties as prescribed in 12 -7 -7 (e), the Division shall notify the
this ordinance, and for this purpose to enter governing authority of the county or
at reasonable times upon any property, municipality in writing. The governing
public or private, for the purpose of authority of any county or municipality so
investigation and inspecting the sites of land- notified shall have 30 days within which to
disturbing activities. take the necessary corrective action to retain
C. No person shall refuse entry or access to any certification as a Local Issuing Authority. If
authorized representative or agent of the the county or municipality does not take
Issuing Authority, the Commission, the necessary corrective action within 30 days
District, or Division who requests entry for after notification by the division, the division
the purposes of inspection, and who presents may revoke the certification of the county or
appropriate credentials, nor shall any person municipality as a Local Issuing Authority.
obstruct, hamper or interfere with any such
representative while in the process of SECTION VII PENALTIES AND INCENTIVES
carrying out his official duties.
D. The Districts or the Commission or both A. FAILURE TO OBTAIN A PERMIT FOR
shall periodically review the actions of
counties and municipalities which have been LAND - DISTURBING ACTIVITY
certified as Local Issuing Authorities pursuant If any person commences any land -
disturbing activity requiring a land- disturbing
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permit as prescribed in this ordinance work orders shall be effective
without first obtaining said permit, the immediately upon issuance and shall be
person shall be subject to revocation of his in effect until the necessary corrective
business license, work permit or other action or mitigation has occurred. Such
authorization for the conduct of a business stop work orders shall apply to all land -
and associated work activities within the disturbing activity on the site with the
jurisdictional boundaries of the Issuing exception of the installation and
Authority. maintenance of temporary or permanent
B. STOP -WORK ORDERS erosion and sediment controls.
1. For the first and second violations of the C. BOND FORFEITURE If, through inspection,
provisions of this ordinance, the Director it is determined that a person engaged in
or the Local Issuing Authority shall issue land- disturbing activities has failed to comply
a written warning to the violator. The with the approved plan, a written notice to
violator shall have five days to correct comply shall be served upon that person.
the violation. If the violation is not The notice shall set forth the measures
corrected within five days, the Director necessary to achieve compliance with the
or the Local Issuing Authority shall issue plan and shall state the time within which
a stop -work order requiring that land- such measures must be completed. If the
disturbing activities be stopped until person engaged in the land- disturbing
necessary corrective action or mitigation activity fails to comply within the time
has occurred; provided, however, that, if specified, he shall be deemed in violation of
the violation presents an imminent threat this ordinance and, in addition to other
to public health or waters of the state or penalties, shall be deemed to have forfeited
if the land- disturbing activities are his performance bond, if required to post
conducted without obtaining the one under the provisions of Section V B. 5.
necessary permit, the Director or the (b). The Issuing Authority may call the bond
Local Issuing Authority shall issue an or any part thereof to be forfeited and may
immediate stop -work order in lieu of a use the proceeds to hire a contractor to
warning; stabilize the site of the land- disturbing
2. For a third and each subsequent activity and bring it into compliance.
violation, the Director or the Local D. MONETARY PENALTIES
Issuing Authority shall issue an Any person who violates any provisions of
immediate stop -work order; and; this ordinance or any permit condition or
3. All stop -work orders shall be effective limitation established pursuant to this
immediately upon issuance and shall be ordinance, or who negligently or
in effect until the necessary corrective intentionally fails or refuses to comply with
action or mitigation has occurred. any final or emergency order of the Director
4. When a violation in the form of taking issued as provided in this ordinance shall be
action without a permit, failure to liable for a civil penalty not to exceed
maintain a stream buffer, or significant $2,500.00 per day. For the purpose of
amounts of sediment, as determined by enforcing the provisions of this ordinance,
the local issuing authority or by the notwithstanding any provisions in any City
director or his or her designee, have charter to the contrary, municipal courts
been or are being discharged into state shall be authorized to impose penalty not to
waters and where best management exceed $2,500.00 for each violation.
practices have not been properly Notwithstanding any limitation of law as to
designed, installed, and maintained, a penalties which can be assessed for
stop work order shall be issued by the violations of county ordinances, any
local issuing authority or by the director magistrate court or any other court of
or his or her designee. All such stop competent jurisdiction trying cases brought
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as violations of this ordinance under county This ordinance shall become effective on the
ordinances approved under this ordinance alp day of 2009.
shall be authorized to impose penalties for B. VALIDITY
such violations not to exceed $2,500.00 for If any section, paragraph, clause, phrase, or
each violation. Each day during which provision of this ordinance shall be adjudged
violation or failure or refusal to comply invalid or held unconstitutional, such
continues shall be a separate violation. decisions shall not effect the remaining
portions of this ordinance.
SECTION VIII EDUCATION AND C. LIABILITY
CERTIFICATION 1. Neither the approval of a plan under the
provisions of this ordinance, nor the
After December 31, 2006, all persons involved compliance with provisions of this
in land development design, review, permitting, ordinance shall relieve any person from
construction, monitoring, or inspection or any the responsibility for damage to any
land - disturbing activity shall meet the education person or property otherwise imposed by
and training certification requirements, law nor impose any liability upon the
dependent on their level of involvement with the Issuing Authority or District for damage to
process, as developed by the commission in any person or property.
consultation with the division and the 2. The fact that a land- disturbing activity for
stakeholder advisory board created pursuant to which a permit has been issued results in
O.C.G.A. 12 -7 -20. injury to the property of another shall
neither constitute proof of nor create a
SECTION IX ADMINISTRATIVE APPEAL presumption of a violation of the
JUDICIAL REVIEW standards provided for in this ordinance
or the terms of the permit.
A. ADMINISTRATIVE REMEDIES 3. No provision of this ordinance shall
The suspension, revocation, modification or permit any persons to violate the
grant with condition of a permit by the Georgia Erosion and Sedimentation Act of
Issuing Authority upon finding that the 1975, the Georgia Water Quality Control
holder is not in compliance with the Act or the rules and regulations
approved erosion and sediment control plan; promulgated and approved thereunder or
or that the holder is in violation of permit pollute any Waters of the State as defined
conditions; or that the holder is in violation thereby.
of any ordinance; shall entitle the person
submitting the plan or holding the permit to
a hearing before the Council within thirty ATTEST:
(30) days after receipt by the Issuing
Authority of written notice of appeal. Y/
B. JUDICIAL REVIEW . nature �^ �,r�
Any person, aggrieved by a decision or order _ 3.-5C OJ & C C g1,94,it/ 1
of the Issuing Authority, after exhausting his Signature
administrative remedies, shall have the right
to appeal to the Superior Court of Chatham
County.
SECTION X EFFECTIVITY, VALIDITY
AND LIABILITY
A. EFFECTIVITY
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