Model stormwater management ordinances

Table of Contents ____________________________________
Model Stormwater Management Ordinances

Introduction, Background, and Summary of Model Stormwater Management Ordinances
Model Ordinance for Post-Development Stormwater Management for New Development and Redevelopment
Model Floodplain Management / Flood Damage Prevention Ordinance
Model Conservation Subdivision / Open Space Development Ordinance
Model Illicit Discharge and Illegal Connection Ordinance
Model Litter Control Ordinance

Tab 1 Tab 2 Tab 3 Tab 4 Tab 5 Tab 6

Introduction, Background, and Summary of Model Stormwater Management Ordinances
I. Introduction
Enclosed are Model Stormwater Management Ordinances prepared by the District Planning Staff pursuant to O.C.G.A. 12-5-582(a) and adopted by the District Board on October 3, 2002.
The following pages contain background on this requirement, information on the process used to develop the model ordinances and a brief description of each ordinance. We have also included background information on the stormwater management challenges. The five adopted Model Stormwater Management Ordinances are provided behind Tabs 2-6.
The Model Stormwater Management Ordinances were prepared with the involvement of stakeholders through the Stormwater Technical Subcommittee, the six (6) Water District Basin Advisory Councils, and the public through a series of stakeholder and public meetings. This public involvement process and the comments and responses to the comments received are documented in detail in a separate report entitled Public Review Process, Comments & Response, for the Draft Model Stormwater Management Ordinances, August, 2002.
The ordinances and comment & response report are also available on the District's website at www.northgeorgiawater.com. For questions please contact Pat Stevens at (404) 4633255, Rick Brownlow at (404) 463-3260, or Steve Haubner at (404) 463-3257.
II. Background
With a finite water resource and a growing population, the need to carefully and cooperatively manage and protect metropolitan Atlanta's rivers and streams has become a priority. The Metropolitan North Georgia Water Planning District (2001 SB 130) was established on May 1, 2001 to develop regional and watershed specific plans for stormwater management, wastewater management and water supply and conservation in a 16-county area which includes Bartow, Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Fulton, Forsyth, Gwinnett, Hall, Henry, Paulding, Rockdale and Walton counties.

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Effective stormwater management and watershed protection is critical to the District area to protect water resources, environmental health and the quality of life in the greater metropolitan area.
Local ordinances are an important implementation tool for many stormwater and nonpoint source pollution control program objectives. They can include provisions for stormwater management requirements (both water quantity and quality) for development activities, the prohibition of non-stormwater discharges to municipal/county storm sewers, and other nonpoint source pollution prevention measures.
As such, the enabling legislation for the District (Official Code of Georgia Annotated 12-5-582(a)) provides that:
"Within one year after the effective date of this article, unless such time period is extended by majority vote of the board, the district shall prepare for public comment one or more model ordinances for local governments designed to provide for effective storm-water management. Such model ordinances shall also include minimum design and development standards for local development as it may affect storm-water run-off quality and storm-water conveyance and infrastructure standards applicable to local governments. Upon receipt of public comment, the district shall finalize the model ordinances and publish the same."
The District Planning Staff assembled and prepared a group of Model Stormwater Management Ordinances for this purpose. The Model ordinances were developed in conjunction with the Water District Stormwater Technical Subcommittee, as well as the six (6) Water District Basin Advisory Councils (BACs). Input from the general public was also incorporated through a public review process for the model ordinances.
At the outset, the Staff worked with the Stormwater Technical Subcommittee and BACs to identify the stormwater management needs that should be addressed through one or more model ordinances. Based upon feedback received, it was clear that several model ordinances would need to be prepared in order to address the many different aspects of the stormwater management problem. After a needs summary was developed, the District Staff thoroughly reviewed existing ordinances from District communities and other parts of the country, as well as existing model ordinances. Though many communities in the District have implemented some level of stormwaterrelated regulations, many have not addressed the issue comprehensively. Therefore, a suite of model stormwater management ordinances was proposed in order to provide a package of tools to the District localities that they effectively address stormwater management issues as well as provide for consistent regulations across the 16-county District area.
A summary of this review was provided to the Stormwater Technical Subcommittee and BACs. Based upon the needs summary and ordinance review, District Staff prepared an outline of potential ordinances for comment. This outline was used to

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prepare a set of preliminary draft ordinances. Feedback on the preliminary draft ordinances (with the exception of the Floodplain ordinance which was not available) was used to prepare Draft Model Stormwater Management Ordinances for public review.
The Draft Model Stormwater Ordinances were presented to the District Board at their May 2, 2002 meeting and released for a formal public comment period from May 6 to June 19, 2002. Following the public comment period, the staff then worked with the District Stormwater Technical Subcommittee to incorporate comments. The District Board adopted the model ordinances on October 3, 2002.
Key to the successful development of the Model Stormwater Management Ordinances was the in-depth involvement of stakeholders who provided important information and feedback throughout the planning process. Stakeholder involvement efforts included in total: eighteen BAC meetings, draft model ordinance deliverables posted on the District website (www.northgeorgiawater.com), seven Stormwater Technical Subcommittee meetings, six public meetings, and additional meetings with various stakeholders.
The following is a list of the adopted Model Stormwater Management Ordinances and a brief description of each ordinance.
III. Adopted Model Stormwater Management Ordinances:
A. Model Ordinance for Post-Development Stormwater Management for New Development and Redevelopment (Tab 2)
Description: This model ordinance addresses post-development stormwater management requirements for new development and redevelopment in a community. The ordinance defines requirements for a post-development stormwater management plan, which is required in order to undertake land development activities. This plan contains the details of how the development will address post-development stormwater runoff quality and quantity impacts resulting from the permanent alteration of the character and hydrology of the land surface as well as the nonpoint source pollution from land use activities. The ordinance also outlines the water quantity and quality performance criteria for managing this runoff and specifies local requirements for the use of structural stormwater controls and nonstructural practices, in order to protect public health and safety, protection of public and private property and infrastructure, and environmental protection. Ongoing long-term inspection and maintenance provisions are provided. The majority of technical criteria and standards are adopted by reference through the use of a local stormwater management design manual.

Introduction, Background, and Summary of Model Stormwater Management Ordinances - Page 4
B. Model Floodplain Management / Flood Damage Prevention Ordinance (Tab 3)
Description: Floodplain management involves the designation of flood-prone areas and the managing of their uses. It is also aimed at minimizing modifications to streams, reducing flood hazards, and protecting the beneficial uses of the floodplain such as water quality protection. As such, floodplain management can be seen as a subset of the larger consideration of surface water and stormwater management.
Floodplain regulations and development restrictions can greatly reduce future flooding impacts, preserve greenspace and habitat, and protect their function in safely conveying floodwaters and protecting water quality. This model ordinance aims to help communities integrate floodplain management with stormwater management during the land development process.
C. Model Conservation Subdivision/Open Space Development Ordinance (Tab 4)
Description: This section contains a model ordinance prepared by Seth Wenger and Laurie Fowler of the UGA Institute of Ecology Office of Public Service and Outreach. The model ordinance provides for conservation subdivisions in residential zones. This type of development can provide for the preservation of open space and greenspace for watershed protection and the nonstructural management of stormwater runoff.
The Conservation Subdivision option is available in zoning districts designated by the local government with any associated conditions. This option provides that each site must have a minimum restricted Open Space which comprises at least 40% of the gross tract area. The number of lots that may be developed on the remaining property is determined through a calculation method or by preparing a yield plan that identifies the maximum number of lots for the property based on a conventional subdivision design.
The ordinance outlines how the Open Space may be used, Ownership and Management requirements for the Open Space, and requires a Legal Instrument for Permanent Protection of the Open Space.
D. Model Illicit Discharge and Illegal Connection Ordinance (Tab 5)
Description: An illicit discharge is defined as any discharge to a storm drainage system or surface water that is not composed entirely of stormwater runoff (except for discharges allowed under an NPDES permit or waters used for firefighting operations). These model ordinances provide communities with the authority to deal with illicit discharges and establishes enforcement actions for those properties found to be in noncompliance or that refuse to allow access to their facilities.

Introduction, Background, and Summary of Model Stormwater Management Ordinances - Page 5
E. Model Litter Control Ordinance (Tab 6)
Description: Litter found throughout our community often finds its way into our streams, rivers and lakes and detracts from our quality of life. Litter control ordinances provide a prohibition against littering and provide an enforcement mechanism with penalties for dealing with those found littering. This ordinance is modeled on the "Georgia Litter Control Law" (O.C.G.A. 16-7-40 et. seq.) and contains a few additions to ensure that local governments in the District address the impacts trash and debris have on our water resources. Adoption of this litter ordinance is specifically authorized by O.C.G.A. 16-7-48.
IV. Future Considerations:
A. Draft Stream Buffer Protection Ordinance
A model stream buffer ordinance was reviewed and discussed during the development of the model ordinances. The board held this ordinance as a draft in order to develop a recommendation on a buffer width. The draft model stream buffer ordinance can be found at www.northgeorgiawater.com.
Description: The loss of vegetation, increases in impervious surface and increases in stormwater runoff associated with urbanization can have severe impacts on streams, including scouring, bank collapse, increased erosion and sediment, loss of habitat and reduction in water quality. Stream buffers, along with other protection measures, can help protect streams and preserve water quality by filtering of pollutants, reducing erosion and sedimentation, protecting and stabilizing stream banks, preserving vegetation and providing both aquatic and land habitat.
The Draft Model Stream Buffer Ordinance provides a framework for local governments to develop buffer zones for streams as well as the requirements that minimize land development within those buffers. It is the purpose of these buffer zone requirements to protect and stabilize stream banks, protect water quality and preserve aquatic and riparian habitat.
B. Existing State Model Soil Erosion and Sedimentation Control Ordinance
The District Planning Staff is not recommending the adoption of a Model Soil Erosion and Sedimentation Control Ordinance at this time due to the existing state model ordinance and ongoing efforts at the state level to addressing Erosion and Sedimentation. However, as erosion control during construction is important to controlling the pollutants in stormwater runoff, we are noting this model ordinance for your information.
Description: There is an existing state model ordinance to address erosion control during construction. In order to not duplicate efforts it is recommended that local governments follow the current state model from the Manual for Erosion and Sedimentation Control in

Introduction, Background, and Summary of Model Stormwater Management Ordinances - Page 6
Georgia (green book). The Georgia Department of Natural Resources website www.dnr.state.ga.us/dnr/environ contains this manual.
There are ongoing efforts at the state level to consolidate the federal construction and state permits, as the state approach and/or manual is amended/updated, local governments will need to amend/update their programs as well.
V. Ordinance Implementation
District plans and ordinances are designed to be implemented by the local governments in the District. The District will coordinate a program to be administered by the Environmental Protection Division of the Department of Natural Resources to train local elected officials and other local personnel in uniform standards for the reduction or elimination of nonpoint source pollution. This program will help to educate local government elected officials and their technical personnel on the purpose and contents of the ordinances.
The enabling legislation also requires that the model ordinances be implemented by the local governments in the District. This is accomplished in two ways:
(1) Any local government that fails to adopt substantially the applicable model stormwater ordinance or something at least as effective as said ordinance shall be ineligible for state grants or loans for stormwater related projects determined by the Director of Georgia EPD to be inconsistent with the ordinances. O.C.G.A. 12-5-582(e)(4); and
(2) Georgia EPD's permitting authority - Once the model ordinances are incorporated into the District-wide Watershed Management Plan, Georgia EPD will use its permitting authority to ensure that the plan and ordinances are implemented. O.C.G.A. 12-5-582(e)(2-3).
VI. Other model ordinance/stormwater topics that will be considered during the development of the long-term plans:
During the process of developing the model ordinances a number of other topics and measures were also discussed. Staff developed a list of these topics that are recommended for further consideration as part of the District's long-term plans. Moreover, the District's legislation provides for making further modifications to the ordinances based on recommendations from the District-wide Watershed Management Plan and specifically identifies that stormwater retrofits should be addressed at that time.

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O.C.G.A. 12-5-582(b)(7) provides that the District-wide Watershed Management Plan shall include:
The model ordinances established under subsection (a) of this Code section and any recommended additions or modifications to such model ordinances, if appropriate, to provide additional measures to improve storm-water run-off quality, including without limitation requirements to retrofit or modify existing developments in order to improve storm-water run-off quality.

The measures listed below are topics that were reviewed and discussed with both the Technical Subcommittee and the Basin Advisory Councils. We are not recommending that these measures be included in the Model Ordinance(s) at this time. However, these measures will be studied as part of the District's Long-term plans and may be considered for inclusion in the Model Ordinances at some future time.

Inspection of Septic Tanks Retrofit of Existing Areas Impervious Surface Limitations Maximum Roadway Widths Maximum Parking Ratios Building and Impervious Surface
Setbacks
Clearing and/or Grading Limitations

Source Water / Watershed Protection Districts
Fertilizer Application Grease Control Pollution Prevention/Good
Housekeeping
Tree Protection

Excerpt from the Georgia Stormwater Management Manual, Volume 1 (Stormwater Policy Guidebook)
THE CASE FOR STORMWATER MANAGEMENT
1.1 Impacts of Development and Stormwater Runoff
The growth of Georgia's towns, cities, and suburbs has profoundly altered natural drainage systems and water resources in our state. Urbanization changes not only the physical, but also the chemical and biological conditions of our waterways. This chapter describes the impacts of development and urban stormwater runoff.
1.1.1 Development Changes Land and Runoff
When land is developed, the hydrology, or the natural cycle of water is disrupted and altered. Clearing removes the vegetation that intercepts, slows and returns rainfall to the air through evaporation and transpiration. Grading flattens hilly terrain and fills in natural depressions that slow and provide temporary storage for rainfall. The topsoil and sponge-like layers of humus are scraped and removed and the remaining subsoil is compacted. Rainfall that once seeped into the ground now runs off the surface. The addition of buildings, roadways, parking lots and other surfaces that are impervious to rainfall further reduces infiltration and increases runoff. Figure 1.1-1 is an example of the changes that take place as an area is developed.

Figure 1.1-1 Typical Changes in Land Surface for a Commercial Site
(City of Alpharetta, Georgia 1958 and 1999)
Depending on the magnitude of changes to the land surface, the total runoff volume can increase dramatically, as illustrated in Figure 1.1-2. These changes not only increase the total volume of runoff, but also accelerate the rate at which runoff flows across the land. This effect is further exacerbated by drainage systems such as gutters, storm sewers and lined channels that are designed to quickly carry runoff to rivers and streams.

Volume 1 (Policy Guidebook)

Georgia Stormwater Management Manual 1-1

Figure 1.1-2 Changes in Hydrology and Runoff Due to Development
Based on Marsh, 1983. Graphic courtesy of Atlanta Journal-Constitution
Development and impervious surfaces also reduce the amount of water that is infiltrated into the soil and groundwater, thus reducing the amount of water that can recharge aquifers and feed streamflow during periods of dry weather.

Finally, development and urbanization affect not only the quantity of stormwater runoff, but also its quality. Development increases both the concentration and types of pollutants carried by runoff. As it runs over rooftops and lawns, parking lots and industrial sites, stormwater picks up and transports a variety of contaminants and pollutants to downstream waterbodies. The loss of the original topsoil and vegetation removes a valuable filtering mechanism for stormwater runoff.

Figure 1.1-3 Impervious Cover Increases Stormwater Runoff and Pollutants

The cumulative impact of development and urban activities, and the resultant changes to both stormwater quantity and quality in the entire land area that drains to a stream, river, lake or estuary determines the conditions of the waterbody. This land area that drains to the waterbody is known as its watershed. Urban development within a watershed has a direct impact on downstream waters. The impacts of development on watersheds can be placed into four interrelated categories which are described over the next several pages:
Changes to stream flow
Changes to stream geometry
Degradation of aquatic habitat
Water quality impacts

1.1.2 Changes to Stream Flow
Urban development alters the hydrology of watersheds and streams by disrupting the natural water cycle. This results in:
Increased Runoff Volumes Land surface changes can dramatically increase the total volume of runoff generated in a developed watershed as seen in Figure 1.1-2.
Increased Peak Runoff Discharges Increased peak discharges for a developed watershed can be two to five times higher than those for an undisturbed watershed.
Greater Runoff Velocities Impervious surfaces and compacted soils, as well as improvements to the drainage system such as storm drains, pipes and ditches, increase the speed at which rainfall runs off land surfaces within a watershed.

Timing As runoff velocities increase, it takes less time for water to run off the land and reach a stream or other waterbody.
Increased Frequency of Bankfull and Near Bankfull Events Increased runoff volumes and peak flows increase the frequency and duration of smaller bankfull and near bankfull events (see Figure 1.1-4) which are the primary channel forming events.
Increased Flooding Increased runoff volumes and peaks also increase the frequency, duration and severity of out-of-bank flooding as shown in Figure 1.1-4.
Lower Dry Weather Flows (Baseflow) Reduced infiltration of stormwater runoff causes streams to have less baseflow during dry weather periods and reduces the amount of rainfall recharging groundwater aquifers.

Figure 1.1-4 Increased Runoff Peaks and Volumes Increase Stream Flows and Flooding
(Right Photo Source: Augusta Chronicle / Photo by Cindy Blanchard)
Streams in developed areas are often characterized as very "flashy" or "spiky" because of the increased volume of stormwater runoff, greater peak flows, and quicker hydrologic response to storms. This characterization translates into the sharp peak and increased size of the postdevelopment hydrograph as seen in Figure 1.1-5. This diagram shows the hydrograph for a typical 30-acre residential site during a 10-year storm event.

Discharge

10-Year Storm

90

80

70

60

Pre-

Development

50

PostDevelopment

40

30

20

10

0

0

25

50

75

100

125

Minutes

Figure 1.1-5 Hydrograph under Pre- and Post Development Conditions

1.1.3 Changes to Stream Geometry
The changes in the rates and amounts of runoff from developed watersheds directly affect the morphology, or physical shape and character, of Georgia's streams and rivers. Some of the impacts due to urban development include: Stream Widening and Bank Erosion Stream channels widen to accommodate and convey
the increased runoff and higher stream flows from developed areas. More frequent small and moderate runoff events undercut and scour the lower parts of the streambank, causing the steeper banks to slump and collapse during larger storms. Higher flow velocities further increase streambank erosion rates. A stream can widen many times its original size due to post-development runoff as illustrated in Figure 1.1-6. Stream Downcutting Another way that streams accommodate higher flows is by downcutting their streambed. This causes instability in the stream profile, or elevation along a stream's flow path, which increases velocity and triggers further channel erosion both upstream and downstream. Loss of Riparian Tree Canopy As streambanks are gradually undercut and slump into the channel, the trees that had protected the banks are exposed at the roots. This leaves them more likely to be uprooted during major storms, further weakening bank structure. Changes in the Channel Bed Due to Sedimentation Due to channel erosion and other sources upstream, sediments are deposited in the stream as sandbars and other features, covering the channel bed, or substrate, with shifting deposits of mud, silt and sand. Increase in the Floodplain Elevation To accommodate the higher peak flow rate, a stream's floodplain elevation typically increases following development in a watershed due to higher peak flows. This problem is compounded by building and filling in floodplain areas, which cause flood heights to rise even further. Property and structures that had not previously been subject to flooding may now be at risk.
Figure 1.1-6 Example of Stream Channel Bank Erosion
Figure 1.1-7 Changes to a Stream's Physical Character Due to Watershed Development

1.1.4 Impacts to Aquatic Habitat
Along with changes in stream hydrology and morphology, the habitat value of streams diminishes due to development in a watershed. Impacts on habitat include:
Degradation of Habitat Structure Higher and faster flows due to development can scour channels and wash away entire biological communities. Streambank erosion and the loss of riparian vegetation reduce habitat for many fish species and other aquatic life, while sediment deposits can smother bottom-dwelling organisms and aquatic habitat.
Loss of Pool-Riffle Structure Streams draining undeveloped watersheds often contain pools of deeper, more slowly flowing water that alternate with "riffles" or shoals of shallower, faster flowing water. These pools and riffles provide valuable habitat for fish and aquatic insects. As a result of the increased flows and sediment loads from urban watersheds, the pools and riffles disappear and are replaced with more uniform, and often shallower, streambeds that provide less varied aquatic habitat.
Reduce Baseflows -- Reduced baseflows due to increased impervious cover in a watershed and the loss of rainfall infiltration into the soil and water table adversely affect in-stream habitats, especially during periods of drought.
Increased Stream Temperature Runoff from warm impervious areas, storage in impoundments, loss of riparian vegetation and shallow channels can all cause an increase in temperature in urban streams. Increased temperatures can reduce dissolved oxygen levels and disrupt the food chain. Certain aquatic species can only survive within a narrow temperature range. Thermal problems are especially critical for many Piedmont streams which straddle the borderline between coldwater and warmwater stream conditions.
Decline in Abundance and Biodiversity When there is a reduction in various habitats and habitat quality, both the number and the variety, or diversity, of organisms (wetland plants, fish, macroinvertebrates, etc.) are also reduced. Sensitive fish species and other life forms disappear and are replaced by those organisms that are better adapted to the poorer conditions. The diversity and composition of the benthic, or streambed, community have frequently been used to evaluate the quality of urban streams. Aquatic insects are a useful environmental indicator as they form the base of the stream food chain.
Figure 1.1-8 Impacts to Aquatic Habitat Can Eliminate Sensitive Fish Species and Other Aquatic Organisms
Fish and other aquatic organisms are impacted not only by the habitat changes brought on by increased stormwater runoff quantity, but are often also adversely affected by water quality changes due to development and resultant land use activities in a watershed. These impacts are discussed over the next several pages.

1.1.5 Water Quality Impacts
Nonpoint source pollution, which is the primary cause of polluted stormwater runoff and water quality impairment, comes from many diffuse or scattered sources--many of which are the result of human activities within a watershed. Development concentrates and increases the amount of these nonpoint source pollutants. As stormwater runoff moves across the land surface, it picks up and carries away both natural and human-made pollutants, depositing them into Georgia's streams, rivers, lakes, wetlands, coastal waters and marshes, and underground aquifers. Nonpoint source pollution is the leading source of water quality degradation in the Georgia as seen in Figure 1.1-9.

4%

1% 2%

4% 11%

5%

16%

19%

10%

78%

95%

55%

RIVERS
Nonpoint Sources Municipal Point Sources

LAKES
Natural Causes Industrial Point Sources

ESTUARIES

Dam Releases
Combined Sewer Overflows

Marinas

Figure 1.1-9 Causes of Water Quality Impairment in Georgia
Source: State of Georgia 303(d) List of Impaired Waters, 2001
Water quality degradation in urbanizing watersheds starts when development begins. Erosion from construction sites and other disturbed areas contribute large amounts of sediment to streams. As construction and development proceed, impervious surfaces replace the natural land cover and pollutants from human activities begin to accumulate on these surfaces. During storm events, these pollutants are then washed off into the streams. Stormwater also causes discharges from sewer overflows and leaching from septic tanks. There are a number of other causes of nonpoint source pollution in urban areas that are not specifically related to wet weather events including leaking sewer pipes, sanitary sewage spills, and illicit discharge of commercial/industrial wastewater and wash waters to storm drains.
Due to the magnitude of the problem, it is important to understand the nature and sources of urban stormwater pollution. Table 1.1-1 summarizes the major stormwater pollutants and their effects. Some of the most frequently occurring pollution impacts and their sources for urban streams are:
Reduced Oxygen in Streams The decomposition process of organic matter uses up dissolved oxygen (DO) in the water, which is essential to fish and other aquatic life. As organic matter is washed off by stormwater, dissolved oxygen levels in receiving waters can be rapidly depleted. If the DO deficit is severe enough, fish kills may occur and stream life can weaken and die. In addition, oxygen depletion can affect the release of toxic chemicals and nutrients from sediments deposited in a waterway. All forms of organic matter in urban stormwater runoff such as leaves, grass clippings and pet waste contribute to the problem. In addition, there are a number of non-stormwater discharges of organic matter to surface waters such as sanitary sewer leakage and septic tanks leaching.

Table 1.1-1 Summary of Urban Stormwater Pollutants

Constituents
Sediments--Suspended Solids, Dissolved Solids, Turbidity
Nutrients--Nitrate, Nitrite, Ammonia, Organic Nitrogen, Phosphate, Total Phosphorus
Microbes--Total and Fecal Coliforms, Fecal Streptococci Viruses, E.Coli, Enterocci
Organic Matter--Vegetation, Sewage, Other Oxygen Demanding Materials
Toxic Pollutants--Heavy Metals (cadmium, copper, lead, zinc), Organics, Hydrocarbons, Pesticides/Herbicides
Thermal Pollution
Trash and debris

Effects
Stream turbidity Habitat changes Recreation/aesthetic loss Contaminant transport Filling of lakes and reservoirs
Algae blooms Eutrophication Ammonia and nitrate toxicity Recreation/aesthetic loss
Ear/Intestinal infections Shellfish bed closure Recreation/aesthetic loss
Dissolved oxygen depletion Odors Fish kills
Human & aquatic toxicity Bioaccumulation in the food chain
Dissolved oxygen depletion Habitat changes
Recreation/aesthetic loss

Nutrient Enrichment Runoff from urban watersheds contains increased nutrients such as nitrogen or phosphorus compounds. Increased nutrient levels are a problem as they promote weed and algae growth in lakes, streams and estuaries. Algae blooms block sunlight from reaching underwater grasses and deplete oxygen in bottom waters. In addition, nitrification of ammonia by microorganisms can consume dissolved oxygen, while nitrates can contaminate groundwater supplies. Sources of nutrients in the urban environment include washoff of fertilizers and vegetative litter, animal wastes, sewer overflows and leaks, septic tank seepage, detergents, and the dry and wet fallout of materials in the atmosphere.
Microbial Contamination The level of bacteria, viruses and other microbes found in urban stormwater runoff often exceeds public health standards for water contact recreation such as swimming and wading. Microbes can also contaminate shellfish beds, preventing their harvesting and consumption, as well as increasing the cost of treating drinking water. The main sources of these contaminants are sewer overflows, septic tanks, pet waste, and urban wildlife such as pigeons, waterfowl, squirrels, and raccoons.
Hydrocarbons Oils, greases and gasoline contain a wide array of hydrocarbon compounds, some of which have shown to be carcinogenic, tumorigenic and mutagenic in certain species of fish. In addition, in large quantities, oil can impact drinking water supplies and affect recreational use of waters. Oils and other hydrocarbons are washed off roads and parking lots, primarily due to engine leakage from vehicles. Other sources include the improper disposal of motor oil in storm drains and streams, spills at fueling stations and restaurant grease traps.
Toxic Materials Besides oils and greases, urban stormwater runoff can contain a wide variety of other toxicants and compounds including heavy metals such as lead, zinc, copper, and cadmium, and organic pollutants such as pesticides, PCBs, and phenols. These contaminants are of concern because they are toxic to aquatic organisms and can bioaccumulate in the food chain. In addition, they also impair drinking water sources and human health. Many of these toxicants accumulate in the sediments of streams and lakes.

Sources of these contaminants include industrial and commercial sites, urban surfaces such as rooftops and painted areas, vehicles and other machinery, improperly disposed household chemicals, landfills, hazardous waste sites and atmospheric deposition.
Sedimentation Eroded soils are a common component of urban stormwater and are a pollutant in their own right. Excessive sediment can be detrimental to aquatic life by interfering with photosynthesis, respiration, growth and reproduction. Sediment particles transport other pollutants that are attached to their surfaces including nutrients, trace metals and hydrocarbons. High turbidity due to sediment increases the cost of treating drinking water and reduces the value of surface waters for industrial and recreational use. Sediment also fills ditches and small streams and clogs storm sewers and pipes, causing flooding and property damage. Sedimentation can reduce the capacity of reservoirs and lakes, block navigation channels, fill harbors and silt estuaries. Erosion from construction sites, exposed soils, street runoff, and streambank erosion are the primary sources of sediment in urban runoff.
Higher Water Temperatures As runoff flows over impervious surfaces such as asphalt and concrete, it increases in temperature before reaching a stream or pond. Water temperatures are also increased due to shallow ponds and impoundments along a watercourse as well as fewer trees along streams to shade the water. Since warm water can hold less dissolved oxygen than cold water, this "thermal pollution" further reduces oxygen levels in depleted urban streams. Temperature changes can severely disrupt certain aquatic species, such as trout and stoneflies, which can survive only within a narrow temperature range.
Trash and Debris Considerable quantities of trash and other debris are washed through storm drain systems and into streams, lakes and bays. The primary impact is the creation of an aesthetic "eyesore" in waterways and a reduction in recreational value. In smaller streams, debris can cause blockage of the channel, which can result in localized flooding and erosion.

Figure 1.1-10 Trash and Debris Impact the Visual and Recreational Value of Waterbodies

1.1.6 Stormwater Hotspots

Stormwater hotspots are areas of the urban landscape that often produce higher concentrations of certain pollutants, such as hydrocarbons or heavy metals, than are normally found in urban runoff. These areas merit special management and the use of specific pollution prevention activities and/or structural stormwater controls. Examples of stormwater hotspots include:

Gas / fueling stations Vehicle maintenance areas

Vehicle washing / steam cleaning Auto recycling facilities

Outdoor material storage areas Loading and transfer areas Landfills

Construction sites Industrial sites Industrial rooftops

Volume 2 of the Manual covers the topic of stormwater hotspots in more detail.

Figure 1.1-11 Gas Stations are an Example of Potential Stormwater Hotspots
1.1.7 Effects on Lakes, Reservoirs and Estuaries
Stormwater runoff into lakes and reservoirs can have some unique negative effects. A notable impact of urban runoff is the filling in of lakes and embayments with sediment. Another significant water quality impact on lakes related to stormwater runoff is nutrient enrichment. This can result in the undesirable growth of algae and aquatic plants. Lakes do not flush contaminants as quickly as streams and act as sinks for nutrients, metals and sediments. This means that lakes can take longer to recover if contaminated.
Stormwater runoff can also impact estuaries, especially if runoff events occur in pulses, disrupting the natural salinity of an area and providing large loads of sediment, nutrients and oxygen demanding materials. These rapid pulses or influxes of fresh water into the watershed may be two to ten times greater than normal and may lead to a decrease in the number of aquatic organisms living in the unique estuarine environment. Tidal flow patterns can also effectively trap and concentrate runoff pollutants.
1.2 Stormwater Impacts on Georgia Communities
The effects of urban stormwater runoff are not only environmental, but also have very real social and economic impacts on Georgia's communities. These include:
Endangerment of Human Life from Floodwaters The first concern of all local governments should be that of public safety. Development changes the hydrology of a watershed such that increased runoff peak flows and volumes can potentially overwhelm underdesigned stormwater drainage facilities, structural controls and downstream conveyances, putting human life at risk. Floodwaters can cause driving hazards by overtopping roadways and washing out bridges, as well as carrying sediment and debris onto streets and highways.

Property and Structural Damage Due to Flooding Due to upstream development, properties that were previously outside the 100-year floodplain may now find themselves subject to flood damage. Areas that previously flooded only once every 10 years may now flood far more frequently and with more severity. Increased property and infrastructure damage can also result from stream channel widening, undersized runoff storage and conveyance facilities, and development in the floodplain.
Figure 1.2-1 Flooding Endangers Human Life and Property
(Left Photo Source: Augusta Chronicle / Photo by Jeff Janowski)
Impairment of Drinking Water Supplies (Surface and Groundwater) Water quality degradation from polluted stormwater runoff can contaminate both surface and groundwater drinking water supplies and potentially make them unfit for a community's use.
Increased Cost of Treating Drinking Water Even if a drinking water supply remains viable, heavy concentrations of contaminants such as sediment and bacteria can increase the costs of water treatment to a community and water customers.
Loss of Recreational Opportunities on Streams, Lakes, Rivers and Ocean Beaches Turbidity from sediment, odors, floating trash, toxic pollutants and microbial contamination from stormwater runoff all reduce the viability of waterbodies for recreational activities such as swimming, boating and fishing. In addition, the aesthetic loss along these waterways also reduces the experience for noncontact recreation such as picnicking, jogging, biking, camping and hunting.
Figure 1.2-2 Water Quality Problems Due to Runoff Impact Drinking Water Supplies and Recreational Use of Streams, Rivers, Lakes and Beaches

Declining Property Values of Waterfront Homes and Businesses Stormwater pollution affects the appearance or quality of downstream waterbodies, influencing the desirability of working, living, traveling or owning property near the water.
Figure 1.2-3 Waterfronts are an Important Resource to Georgia Communities that Should Be Protected from the Effects of Polluted Stormwater
(Columbus Riverwalk and Savannah Waterfront. Photos by Ed Jackson)
Loss of Sport and Commercial Fisheries Commercial fisheries are a significant part of Georgia's economy, generating over $20 million annually. Only 22% of all Georgia lakes are safe for fish consumption. A significant part of the problem is attributable to polluted surface water runoff.
Closure of Shellfish Harvesting Areas Only 35% of Georgia's estuaries are safe for shellfish consumption. Again, a major source of impairment is stormwater runoff.
Figure 1.2-4 Polluted Stormwater Runoff Impacts Sport and Commercial Fisheries and Shellfish Harvesting
Increased Litigation Increased legal action can result against local governments that have not adequately addressed stormwater runoff drainage and water quality problems.
Reduction in Quality of Life Stormwater quantity and quality impacts can reduce the overall quality of life in a community and make it a less desirable place to live, work or play.

1.3 Addressing Runoff Impacts Through Stormwater Management
For a number of reasons--including public health and safety, environmental, economic, legal liability, regulatory responsibility and to improve quality of life--cities and counties across Georgia have a vested interest and need to effectively deal with the effects of development and stormwater runoff in their communities.
The focus of this Manual is how to effectively deal with the impacts of urban stormwater runoff through effective and comprehensive stormwater management. Stormwater management involves both the prevention and mitigation of stormwater runoff quantity and quality impacts as described in this chapter through a variety of methods and mechanisms.
In general, stormwater management can be broken down into the following six areas:
Watershed Planning Using the watershed as the framework for managing land use and developing large scale solutions to regional stormwater quantity and quality problems
Development Requirements Addressing the stormwater impacts of new development and redevelopment through stormwater management requirements and minimum standards
Erosion and Sediment Control Controlling erosion and soil loss from construction areas and resultant downstream sedimentation
Floodplain Management Preserving the function of floodplain areas to reduce flood hazards, minimize risks to human life and property, reduce modifications to streams and protect water quality
Operations and Maintenance Ensuring that stormwater management systems and structural controls work as designed and constructed. Includes the retrofitting of existing problem areas and streambank stabilization activities
Pollution Prevention Preventing stormwater from coming into contact with contaminants and becoming polluted through a number of management measures
Together these six categories create the "umbrella" of comprehensive stormwater management as shown in Figure 1.3-1.

Figure 1.3-1
The "Umbrella" of Comprehensive Stormwater
Management

Watershed Planning

Floodplain Management

Pollution Prevention

Operations & Maintenance

Erosion and Sediment
Control

Development Requirements

District Model Post-Development Stormwater Management Ordinance

Adopted 10/3/02

MODEL ORDINANCE FOR POSTDEVELOPMENT STORMWATER MANAGEMENT FOR NEW DEVELOPMENT AND REDEVELOPMENT
Description:
This model ordinance addresses post-development stormwater management requirements for new development and redevelopment in a community. The ordinance defines requirements for a post-development stormwater management plan, which is required in order to undertake land development activities. This plan contains the details of how the development will address post-development stormwater runoff quality and quantity impacts resulting from the permanent alteration of the character and hydrology of the land surface as well as the nonpoint source pollution from land use activities. The ordinance also outlines the water quantity and quality performance criteria for managing this runoff and specifies local requirements for the use of structural stormwater controls and nonstructural practices, in order to protect public health and safety, protection of public and private property and infrastructure, and environmental protection. Ongoing long-term inspection and maintenance provisions are provided. The majority of technical criteria and standards are adopted by reference through the use of a local stormwater management design manual.

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Table of Contents
Introduction Section 1. General Provisions Section 2. Definitions Section 3. Permit Procedures and Requirements Section 4. Post-Development Stormwater Management Performance
Criteria Section 5. Construction Inspections of Post-Development Stormwater
Management System Section 6. Ongoing Inspection and Maintenance of Stormwater Facilities
and Practices Section 7. Violations, Enforcement and Penalties
Note: Italicized text with this symbol should be interpreted as comments,
instructions, or information to assist the local government in tailoring the
ordinance. This text would not appear in a final adopted ordinance.

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Introduction
It is hereby determined that:
Land development projects and other land use conversions, and their associated changes to land cover, permanently alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, which in turn increase flooding, stream channel erosion, and sediment transport and deposition;
Land development projects and other land use conversions also contribute to increased nonpoint source pollution and degradation of receiving waters;
The impacts of post-development stormwater runoff quantity and quality can adversely affect public safety, public and private property, drinking water supplies, recreation, fish and other aquatic life, property values and other uses of lands and waters;
These adverse impacts can be controlled and minimized through the regulation of stormwater runoff quantity and quality from new development and redevelopment, by the use of both structural facilities as well as nonstructural measures, such as the conservation of open space and greenspace areas. The preservation and protection of natural area and greenspace for stormwater management benefits is encouraged through the use of incentives or "credits." The Georgia Greenspace Program provides a mechanism for the preservation and coordination of those greenspace areas which provide stormwater management quality and quantity benefits;
Localities in the State of Georgia are required to comply with a number of both State and Federal laws, regulations and permits which require a locality to address the impacts of post-development stormwater runoff quality and nonpoint source pollution;
Therefore, (local jurisdiction) has established this set of stormwater management policies to provide reasonable guidance for the regulation of post-development stormwater runoff for the purpose of protecting local water resources from degradation. It has determined that it is in the public interest to regulate post-development stormwater runoff discharges in order to control and minimize increases in stormwater runoff rates and volumes, post-construction soil erosion and sedimentation, stream channel erosion, and nonpoint source pollution associated with post-development stormwater runoff.
Section 1. General Provisions
1.1. Purpose and Intent The purpose of this ordinance is to protect, maintain and enhance the public health, safety, environment and general welfare by establishing minimum requirements and procedures to control the adverse effects of increased post-development stormwater runoff and nonpoint source pollution associated with new development and
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District Model Post-Development Stormwater Management Ordinance

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redevelopment. It has been determined that proper management of post-development stormwater runoff will minimize damage to public and private property and infrastructure, safeguard the public health, safety, environment and general welfare of the public, and protect water and aquatic resources. This ordinance seeks to meet that purpose through the following objectives:
(1) Establish decision-making processes surrounding land development activities that protect the integrity of the watershed and preserve the health of water resources;
(2) Require that new development and redevelopment maintain the pre-development hydrologic response in their post-development state as nearly as practicable in order to reduce flooding, streambank erosion, nonpoint source pollution and increases in stream temperature, and maintain the integrity of stream channels and aquatic habitats;
(3) Establish minimum post-development stormwater management standards and design criteria for the regulation and control of stormwater runoff quantity and quality;
(4) Establish design and application criteria for the construction and use of structural stormwater control facilities that can be used to meet the minimum postdevelopment stormwater management standards;
(5) Encourage the use of nonstructural stormwater management and stormwater better site design practices, such as the preservation of greenspace and other conservation areas, to the maximum extent practicable. Coordinate site design plans, which include greenspace, with the county's greenspace protection plan;
(6) Establish provisions for the long-term responsibility for and maintenance of structural stormwater control facilities and nonstructural stormwater management practices to ensure that they continue to function as designed, are maintained, and pose no threat to public safety; and,
(7) Establish administrative procedures for the submission, review, approval and disapproval of stormwater management plans, and for the inspection of approved active projects, and long-term follow up.
The above list is a general set of objectives to reduce the impacts of post-
development stormwater runoff quantity and quality from land development activities. The local stormwater authority may wish to set more specific objectives based upon a watershed management plan, impervious surface targets, the findings of a watershed assessment or study, or in order to address a local water quality problem or TMDL.
1.2. Applicability
(1) This ordinance shall be applicable to all land development, including, but not limited to, site plan applications, subdivision applications, and grading applications, unless exempt pursuant to Subsection 2 below. These standards
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District Model Post-Development Stormwater Management Ordinance

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apply to any new development or redevelopment site that meets one or more of the following criteria:
a. New development that involves the creation of 5,000 square feet or more of impervious cover, or that involves other land development activities of 1 acre or more;
b. Redevelopment that includes the creation, addition or replacement of 5,000 square feet or more of impervious cover, or that involves other land development activity of one (1) acre or more;
c. Any new development or redevelopment, regardless of size, that is defined by the (administrator) to be a hotspot land use; or,
d. Land development activities that are smaller than the minimum applicability criteria set forth in items A and B above if such activities are part of a larger common plan of development, even though multiple, separate and distinct land development activities may take place at different times on different schedules.
(2) The following activities are exempt from this ordinance:
a. Individual single-family or duplex residential lots that are not part of a subdivision or phased development project;
b. Additions or modifications to existing single-family or duplex residential structures;
c. Agricultural or silvicultural land management activities within areas zoned for these activities; and,
d. Repairs to any stormwater management facility or practice deemed necessary by the (administrator).
1.3. Designation of Ordinance Administrator The (title of administrator) or (designee) is hereby appointed to administer and implement the provisions of this ordinance.
1.4. Compatibility with Other Regulations This ordinance is not intended to modify or repeal any other ordinance, rule, regulation or other provision of law. The requirements of this ordinance are in addition to the requirements of any other ordinance, rule, regulation or other provision of law, and where any provision of this ordinance imposes restrictions different from those imposed by any other ordinance, rule, regulation or other provision of law, whichever provision is more

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restrictive or imposes higher protective standards for human health or the environment shall control.
1.5. Severability If the provisions of any section, subsection, paragraph, subdivision or clause of this ordinance shall be adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision or clause of this ordinance.
1.6. Stormwater Design Manual The (local permitting authority) will utilize the policy, criteria and information including technical specifications and standards in the latest edition of the Georgia
Stormwater Management Manual and any relevant local addenda ( or equivalent local
stormwater management design manual), for the proper implementation of the requirements of this ordinance. The manual may be updated and expanded periodically, based on improvements in science, engineering, monitoring and local maintenance experience.
All references to the Georgia Stormwater Management Manual (GSMM) are
presumed to be the "latest edition" as defined on the GSMM website at www.georgiastormwater.com. Updates, errata and revisions will be provided on the website. Local authorities may wish to develop a local manual or addendum that complements the GSMM. Further, the local permitting authority may wish to use its own equivalent stormwater management design manual provided that it includes an approach and standards at least as stringent as the Georgia Stormwater Management Manual.
Section 2. Definitions
"Applicant" means a person submitting a post-development stormwater management application and plan for approval. "Channel" means a natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water. "Conservation Easement" means an agreement between a land owner and the (local jurisdiction) or other government agency or land trust that permanently protects open space or greenspace on the owner's land by limiting the amount and type of development that can take place, but continues to leave the remainder of the fee interest in private ownership. "Detention" means the temporary storage of stormwater runoff in a stormwater management facility for the purpose of controlling the peak discharge. "Detention Facility" means a detention basin or structure designed for the detention of stormwater runoff and gradual release of stored water at controlled rates. "Developer" means a person who undertakes land development activities. "Development" means a land development or land development project.
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"Drainage Easement" means an easement appurtenant or attached to a tract or parcel of land allowing the owner of adjacent tracts or other persons to discharge stormwater runoff onto the tract or parcel of land subject to the drainage easement. "Erosion and Sedimentation Control Plan" means a plan that is designed to minimize the accelerated erosion and sediment runoff at a site during land disturbance activities. "Extended Detention" means the detention of stormwater runoff for an extended period, typically 24 hours or greater. "Extreme Flood Protection" means measures taken to prevent adverse impacts from large low-frequency storm events with a return frequency of 100 years or more. "Flooding" means a volume of surface water that is too great to be confined within the banks or walls of a conveyance or stream channel and that overflows onto adjacent lands. "Greenspace" or "Open Space" means permanently protected areas of the site that are preserved in a natural state. "Hotspot" means an area where the use of the land has the potential to generate highly contaminated runoff, with concentrations of pollutants in excess of those typically found in stormwater. "Hydrologic Soil Group (HSG)" means a Natural Resource Conservation Service classification system in which soils are categorized into four runoff potential groups. The groups range from group A soils, with high permeability and little runoff produced, to group D soils, which have low permeability rates and produce much more runoff. "Impervious Cover" means a surface composed of any material that significantly impedes or prevents the natural infiltration of water into soil. Impervious surfaces include, but are not limited to, rooftops, buildings, streets and roads, and any concrete or asphalt surface. "Industrial Stormwater Permit" means a National Pollutant Discharge Elimination System (NPDES) permit issued to an industry or group of industries which regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies. "Infiltration" means the process of percolating stormwater runoff into the subsoil. "Jurisdictional Wetland" means an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation. "Land Development" means any land change, including, but not limited to, clearing, digging, grubbing, stripping, removal of vegetation, dredging, grading, excavating, transporting and filling of land, construction, paving, and any other installation of impervious cover. "Land Development Activities" means those actions or activities which comprise, facilitate or result in land development. "Land Development Project" means a discrete land development undertaking. "Inspection and Maintenance Agreement" means a written agreement providing for the long-term inspection and maintenance of stormwater management facilities and practices on a site or with respect to a land development project, which when properly recorded in the deed records constitutes a restriction on the title to a site or other land involved in a land development project.
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District Model Post-Development Stormwater Management Ordinance

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"New Development" means a land development activity on a previously undeveloped site. "Nonpoint Source Pollution" means a form of water pollution that does not originate from a discrete point such as a sewage treatment plant or industrial discharge, but involves the transport of pollutants such as sediment, fertilizers, pesticides, heavy metals, oil, grease, bacteria, organic materials and other contaminants from land to surface water and groundwater via mechanisms such as precipitation, stormwater runoff, and leaching. Nonpoint source pollution is a by-product of land use practices such as agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources. "Nonstructural Stormwater Management Practice" or "Nonstructural Practice" means any natural or planted vegetation or other nonstructural component of the stormwater management plan that provides for or enhances stormwater quantity and/or quality control or other stormwater management benefits, and includes, but is not limited to, riparian buffers, open and greenspace areas, overland flow filtration areas, natural depressions, and vegetated channels. "Off-Site Facility" means a stormwater management facility located outside the boundaries of the site. "On-Site Facility" means a stormwater management facility located within the boundaries of the site. "Overbank Flood Protection" means measures taken to prevent an increase in the frequency and magnitude of out-of-bank flooding (i.e. flow events that exceed the capacity of the channel and enter the floodplain), and that are intended to protect downstream properties from flooding for the 2-year through 25-year frequency storm events. "Owner" means the legal or beneficial owner of a site, including but not limited to, a mortgagee or vendee in possession, receiver, executor, trustee, lessee or other person, firm or corporation in control of the site. "Permit" means the permit issued by the (local permitting authority) to the applicant which is required for undertaking any land development activity. "Person" means, except to the extent exempted from this ordinance, any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, city, county or other political subdivision of the State, any interstate body or any other legal entity. "Post-development" refers to the time period, or the conditions that may reasonably be expected or anticipated to exist, after completion of the land development activity on a site as the context may require. "Pre-development" refers to the the time period, or the conditions that exist, on a site prior to the commencement of a land development project and at the time that plans for the land development of a site are approved by the plan approving authority. Where phased development or plan approval occurs (preliminary grading, roads and utilities, etc.), the existing conditions at the time prior to the first item being approved or permitted shall establish pre-development conditions. "Project" means a land development project. "Redevelopment" means a land development project on a previously developed site, but excludes ordinary maintenance activities, remodeling of existing buildings, resurfacing of
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District Model Post-Development Stormwater Management Ordinance

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paved areas, and exterior changes or improvements which do not materially increase or concentrate stormwater runoff, or cause additional nonpoint source pollution. "Regional Stormwater Management Facility" or "Regional Facility" means stormwater management facilities designed to control stormwater runoff from multiple properties, where the owners or developers of the individual properties may assist in the financing of the facility, and the requirement for on-site controls is either eliminated or reduced. "Runoff" means stormwater runoff. "Site" means the parcel of land being developed, or the portion thereof on which the land development project is located. "Stormwater Better Site Design" means nonstructural site design approaches and techniques that can reduce a site's impact on the watershed and can provide for nonstructural stormwater management. Stormwater better site design includes conserving and protecting natural areas and greenspace, reducing impervious cover and using natural features for stormwater management. "Stormwater Management" means the collection, conveyance, storage, treatment and disposal of stormwater runoff in a manner intended to prevent increased flood damage, streambank channel erosion, habitat degradation and water quality degradation, and to enhance and promote the public health, safety and general welfare. "Stormwater Management Facility" means any infrastructure that controls or conveys stormwater runoff. "Stormwater Management Measure" means any stormwater management facility or nonstructural stormwater practice. "Stormwater Management Plan" means a document describing how existing runoff characteristics will be affected by a land development project and containing measures for complying with the provisions of this ordinance. "Stormwater Management System" means the entire set of structural and nonstructural stormwater management facilities and practices that are used to capture, convey and control the quantity and quality of the stormwater runoff from a site. "Stormwater Retrofit" means a stormwater management practice designed for a currently developed site that previously had either no stormwater management practice in place or a practice inadequate to meet the stormwater management requirements of the site. "Stormwater Runoff" means the flow of surface water resulting from precipitation. "Structural Stormwater Control" means a structural stormwater management facility or device that controls stormwater runoff and changes the characteristics of that runoff including, but not limited to, the quantity and quality, the period of release or the velocity of flow of such runoff. "Subdivision" means the division of a tract or parcel of land resulting in one or more new lots or building sites for the purpose, whether immediately or in the future, of sale, other transfer of ownership or land development, and includes divisions of land resulting from or made in connection with the layout or development of a new street or roadway or a change in an existing street or roadway.

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District Model Post-Development Stormwater Management Ordinance

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Section 3. Permit Procedures and Requirements
3.1. Permit Application Requirements No owner or developer shall perform any land development activities without first meeting the requirements of this ordinance prior to commencing the proposed activity.
Unless specifically exempted by this ordinance, any owner or developer proposing a land development activity shall submit to the (local permitting authority) a permit application on a form provided by the (local permitting authority) for that purpose.
Unless otherwise exempted by this ordinance, a permit application shall be accompanied by the following items in order to be considered:
(1) Stormwater concept plan and consultation meeting certification in accordance with Section 3.2;
(2) Stormwater management plan in accordance with Section 3.3;
(3) Inspection and maintenance agreement in accordance with Section 3.4, if applicable;
(4) Performance bond in accordance with Section 3.5, if applicable; and,
(5) Permit application and plan review fees in accordance with Section 3.6.
The following stormwater concept plan and consultation meeting is an optional step.
At the local government's discretion, the concept plan stage could be made a requirement, particularly for large development projects or those with substantial impact, or for developers and engineers who are unfamiliar with the local government's requirements.
3.2. Stormwater Concept Plan and Consultation Meeting Before any stormwater management permit application is submitted, it is recommended that the land owner or developer [shall] meet with the (local permitting authority) for a consultation meeting on a concept plan for the post-development stormwater management system to be utilized in the proposed land development project. This consultation meeting should [shall] take place at the time of the preliminary plan of subdivision or other early step in the development process. The purpose of this meeting is to discuss the post-development stormwater management measures necessary for the proposed project, as well as to discuss and assess constraints, opportunities and potential ideas for stormwater management designs before the formal site design engineering is commenced.
To accomplish this goal the following information should [shall] be included in the concept plan which should [shall] be submitted in advance of the meeting:
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District Model Post-Development Stormwater Management Ordinance

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A. Existing Conditions / Proposed Site Plans Existing conditions and proposed site layout sketch plans, which illustrate at a minimum: existing and proposed topography; perennial and intermittent streams; mapping of predominant soils from soil surveys (when available); boundaries of existing predominant vegetation and proposed limits of clearing and grading; and location of existing and proposed roads, buildings, parking areas and other impervious surfaces.
B. Natural Resources Inventory A written or graphic inventory of the natural resources at the site and surrounding area as it exists prior to the commencement of the project. This description should include a discussion of soil conditions, forest cover, topography, wetlands, and other native vegetative areas on the site, as well as the location and boundaries of other natural feature protection and conservation areas such as wetlands, lakes, ponds, floodplains, stream buffers and other setbacks (e.g., drinking water well setbacks, septic setbacks, etc.). Particular attention should be paid to environmentally sensitive features that provide particular opportunities or constraints for development.
C. Stormwater Management System Concept Plan A written or graphic concept plan of the proposed post-development stormwater management system including: preliminary selection and location of proposed structural stormwater controls; location of existing and proposed conveyance systems such as grass channels, swales, and storm drains; flow paths; location of floodplain/floodway limits; relationship of site to upstream and downstream properties and drainages; and preliminary location of proposed stream channel modifications, such as bridge or culvert crossings.
Local watershed plans, the (county) greenspace projection plan (if applicable), and any relevant resource protection plans will be consulted in the discussion of the concept plan.
3.3. Stormwater Management Plan Requirements The stormwater management plan shall detail how post-development stormwater runoff will be controlled or managed and how the proposed project will meet the requirements of this ordinance, including the performance criteria set forth in Section 4 below.
This plan shall be in accordance with the criteria established in this section and must be submitted with the stamp and signature of a Professional Engineer (PE) licensed in the state of Georgia, who must verify that the design of all stormwater management facilities and practices meet the submittal requirements outlined in the submittal checklist(s) found in the stormwater design manual.
The stormwater management plan must ensure that the requirements and criteria in this ordinance are being complied with and that opportunities are being taken to minimize adverse post-development stormwater runoff impacts from the development. The plan
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shall consist of maps, narrative, and supporting design calculations (hydrologic and hydraulic) for the proposed stormwater management system. The plan shall include all of the information required in the Stormwater Management Site Plan checklist found in the stormwater design manual. This includes:
A. Common address and legal description of site
B. Vicinity Map
C. Existing Conditions Hydrologic Analysis The existing condition hydrologic analysis for stormwater runoff rates, volumes, and velocities, which shall include: a topographic map of existing site conditions with the drainage basin boundaries indicated; acreage, soil types and land cover of areas for each subbasin affected by the project; all perennial and intermittent streams and other surface water features; all existing stormwater conveyances and structural control facilities; direction of flow and exits from the site; analysis of runoff provided by off-site areas upstream of the project site; and methodologies, assumptions, site parameters and supporting design calculations used in analyzing the existing conditions site hydrology. For redevelopment sites, predevelopment conditions shall be modeled using the established guidelines for the portion of the site undergoing land development activities.
The local government will need to establish guidelines for how the
predevelopment conditions will be modeled for redevelopment sites.
D. Post-Development Hydrologic Analysis The post-development hydrologic analysis for stormwater runoff rates, volumes, and velocities, which shall include: a topographic map of developed site conditions with the post-development drainage basin boundaries indicated; total area of post-development impervious surfaces and other land cover areas for each subbasin affected by the project; calculations for determining the runoff volumes that need to be addressed for each subbasin for the development project to meet the post-development stormwater management performance criteria in Section 4; location and boundaries of proposed natural feature protection and conservation areas; documentation and calculations for any applicable site design credits that are being utilized; methodologies, assumptions, site parameters and supporting design calculations used in analyzing the existing conditions site hydrology. If the land development activity on a redevelopment site constitutes more than 50 percent of the site area for the entire site, then the performance criteria in Section 4 must be met for the stormwater runoff from the entire site.
The Metropolitan North Georgia Water Planning District is developing a
spreadsheet-based computer modeling tool that will assist site developers in performing the post-development hydrologic water quality analysis.

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Adopted 10/3/02

E. Stormwater Management System The description, scaled drawings and design calculations for the proposed postdevelopment stormwater management system, which shall include: A map and/or drawing or sketch of the stormwater management facilities, including the location of nonstructural site design features and the placement of existing and proposed structural stormwater controls, including design water surface elevations, storage volumes available from zero to maximum head, location of inlet and outlets, location of bypass and discharge systems, and all orifice/restrictor sizes; a narrative describing how the selected structural stormwater controls will be appropriate and effective; cross-section and profile drawings and design details for each of the structural stormwater controls in the system, including supporting calculations to show that the facility is designed according to the applicable design criteria; a hydrologic and hydraulic analysis of the stormwater management system for all applicable design storms (including stage-storage or outlet rating curves, and inflow and outflow hydrographs); documentation and supporting calculations to show that the stormwater management system adequately meets the post-development stormwater management performance criteria in Section 4; drawings, design calculations, elevations and hydraulic grade lines for all existing and proposed stormwater conveyance elements including stormwater drains, pipes, culverts, catch basins, channels, swales and areas of overland flow; and where applicable, a narrative describing how the stormwater management system corresponds with any watershed protection plans and/or local greenspace protection plan.
F. Post-Development Downstream Analysis A downstream peak flow analysis which includes the assumptions, results and supporting calculations to show safe passage of post-development design flows downstream. The analysis of downstream conditions in the report shall address each and every point or area along the project site's boundaries at which runoff will exit the property. The analysis shall focus on the portion of the drainage channel or watercourse immediately downstream from the project. This area shall extend downstream from the project to a point in the drainage basin where the project area is 10 percent of the total basin area. In calculating runoff volumes and discharge rates, consideration may need to be given to any planned future upstream land use changes. The analysis shall be in accordance with the stormwater design manual.
G. Construction-Phase Erosion and Sedimentation Control Plan An erosion and sedimentation control plan in accordance with the Georgia Erosion and Sedimentation Control Act (or reference to the local Erosion and Sedimentation Control Ordinance) or NPDES Permit for Construction Activities. The plan shall also include information on the sequence/phasing of construction and temporary stabilization measures and temporary structures that will be converted into permanent stormwater controls.

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H. Landscaping and Open Space Plan A detailed landscaping and vegetation plan describing the woody and herbaceous vegetation that will be used within and adjacent to stormwater management facilities and practices. The landscaping plan must also include: the arrangement of planted areas, natural and greenspace areas and other landscaped features on the site plan; information necessary to construct the landscaping elements shown on the plan drawings; descriptions and standards for the methods, materials and vegetation that are to be used in the construction; density of plantings; descriptions of the stabilization and management techniques used to establish vegetation; and a description of who will be responsible for ongoing maintenance of vegetation for the stormwater management facility and what practices will be employed to ensure that adequate vegetative cover is preserved.
I. Operations and Maintenance Plan Detailed description of ongoing operations and maintenance procedures for stormwater management facilities and practices to ensure their continued function as designed and constructed or preserved. These plans will identify the parts or components of a stormwater management facility or practice that need to be regularly or periodically inspected and maintained, and the equipment and skills or training necessary. The plan shall include an inspection and maintenance schedule, maintenance tasks, responsible parties for maintenance, funding, access and safety issues. Provisions for the periodic review and evaluation of the effectiveness of the maintenance program and the need for revisions or additional maintenance procedures shall be included in the plan.
J. Maintenance Access Easements The applicant must ensure access from public right-of-way to stormwater management facilities and practices requiring regular maintenance at the site for the purpose of inspection and repair by securing all the maintenance access easements needed on a permanent basis. Such access shall be sufficient for all necessary equipment for maintenance activities. Upon final inspection and approval, a plat or document indicating that such easements exist shall be recorded and shall remain in effect even with the transfer of title of the property.
The local government will establish which stormwater facilities and practices
will require regular maintenance.
K. Inspection and Maintenance Agreements Unless an on-site stormwater management facility or practice is dedicated to and accepted by the (local permitting authority) as provided in Section 3.4 below, the applicant must execute an easement and an inspection and maintenance agreement binding on all subsequent owners of land served by an on-site stormwater management facility or practice in accordance Section 3.4.

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L. Evidence of Acquisition of Applicable Local and Non-local Permits The applicant shall certify and provide documentation to the (local permitting authority) that all other applicable environmental permits have been acquired for the site prior to approval of the stormwater management plan.
3.4. Stormwater Management Inspection and Maintenance Agreements Prior to the issuance of any permit for a land development activity requiring a stormwater management facility or practice hereunder and for which the (local permitting authority) requires ongoing maintenance, the applicant or owner of the site must, unless an on-site stormwater management facility or practice is dedicated to and accepted by the (local permitting authority), execute an inspection and maintenance agreement, and/or a conservation easement, if applicable, that shall be binding on all subsequent owners of the site.
The local government will establish which stormwater facilities and practices will
require formal inspection and maintenance agreements.
The inspection and maintenance agreement, if applicable, must be approved by the (local permitting authority) prior to plan approval, and recorded in the deed records upon final plat approval.
The inspection and maintenance agreement shall identify by name or official title the person(s) responsible for carrying out the inspection and maintenance. Responsibility for the operation and maintenance of the stormwater management facility or practice, unless assumed by a governmental agency, shall remain with the property owner and shall pass to any successor owner. If portions of the land are sold or otherwise transferred, legally binding arrangements shall be made to pass the inspection and maintenance responsibility to the appropriate successors in title. These arrangements shall designate for each portion of the site, the person to be permanently responsible for its inspection and maintenance.
As part of the inspection and maintenance agreement, a schedule shall be developed for when and how often routine inspection and maintenance will occur to ensure proper function of the stormwater management facility or practice. The agreement shall also include plans for annual inspections to ensure proper performance of the facility between scheduled maintenance and shall also includeremedies for the default thereof.
In addition to enforcing the terms of the inspection and maintenance agreement, the (local permitting authority) may also enforce all of the provisions for ongoing inspection and maintenance in Section 6 of this ordinance.
The (local permitting authority), in lieu of an inspection and maintenance agreement, may accept dedication of any existing or future stormwater management facility for maintenance, provided such facility meets all the requirements of this ordinance and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.
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3.5. Performance and Maintenance Bonds
The local permitting authority may insert provisions under this section requiring the
posting of bonds or other security to guarantee performance of construction and/or maintenance obligations hereunder.
3.6. Application Procedure
(1) Applications for land development permits shall be filed with the ( local permitting authority).
(2) Permit applications shall include the items set forth in Section 3.1 above (two copies of the stormwater management plan and the inspection maintenance agreement, if applicable, shall be included).
(3) The (local permitting authority) shall inform the applicant whether the application, stormwater managment plan and inspection and maintenance agreement are approved or disapproved.
(4) If either the permit application, stormwater management plan or inspection and maintenance agreement are disapproved, the (local permitting authority) shall notify the applicant of such fact in writing. The applicant may then revise any item not meeting the requirements hereof and resubmit the same, in which event subparagraph 3 above and this subparagraph shall apply to such resubmittal.
(5) Upon a finding by the (local permitting authority) that the permit application, stormwater management plan and inspection and maintenance agreement, if applicable, meet the requirements of this ordinance, the (local permitting authority) may issue a permit for the land development project, provided all other legal requirements for the issuance of such permit have been met.
(6) Notwithstanding the issuance of the permit, in conducting the land development project, the applicant or other responsible person shall be subject to the following requirements:
a. The applicant shall comply with all applicable requirements of the approved plan and this ordinance and shall certify that all land clearing, construction, land development and drainage will be done according to the approved plan;
b. The land development project shall be conducted only within the area specified in the approved plan;
c. The (local permitting authority) shall be allowed to conduct periodic inspections of the project;

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d. No changes may be made to an approved plan without review and written approval by the (local permitting authority); and,
e. Upon completion of the project, the applicant or other responsible person shall submit the engineer's report and certificate and as-built plans required by Section 5.2.
Jurisdictions may modify the above local review process to accommodate their
current subdivision or development approval process. In addition, local officials will need to decide the appropriate time frames for review based on the number of stormwater management plans, maintenance agreements, etc. submitted, while keeping in mind the time frames for the review of initial and resubmitted applications, as well as the need for timely review turnaround for the applicant. This will often be determined by the staff available for permit review and inspection of sites undergoing construction.
3.7. Application Review Fees The fee for review of any stormwater management application shall be based on the fee structure established by the (local permitting authority) and shall be made prior to the issuance of any building permit for the development.
It is recommended that all of the monetary contributions be credited to a local
budgetary category to support local plan review, inspection and program administration.
3.8 Modifications for Off-Site Facilities The stormwater management plan for each land development project shall provide for stormwater management measures located on the site of the project, unless provisions are made to manage stormwater by an off-site or regional facility. The off-site or regional facility must be located on property legally dedicated for the purpose, must be designed and adequately sized to provide a level of stormwater quantity and quality control that is equal to or greater than that which would be afforded by on-site practices and there must be a legally-obligated entity responsible for long-term operation and maintenance of the off-site or regional stormwater facility. In addition, on-site measures shall be implemented, where necessary, to protect upstream and downstream properties and drainage channels from the site to the off-site facility.
A stormwater management plan must be submitted to the (local permitting authority) which shows the adequacy of the off-site or regional facility.
To be eligible for a modification, the applicant must demonstrate to the satisfaction of the (local permitting authority) that the use of an off-site or regional facility will not result in the following impacts to upstream or downstream areas:
(1) Increased threat of flood damage to public health, life, and property;
(2) Deterioration of existing culverts, bridges, dams, and other structures;
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(3) Accelerated streambank or streambed erosion or siltation;
(4) Degradation of in-stream biological functions or habitat; or
(5) Water quality impairment in violation of State water quality standards, and/or violation of any state or federal regulations.
Section 4. Post-Development Stormwater Management Performance Criteria
The following performance criteria shall be applicable to all stormwater management plans, unless otherwise provided for in this ordinance:
4.1. Water Quality All stormwater runoff generated from a site shall be adequately treated before discharge. It will be presumed that a stormwater management system complies with this requirement if:
(1) It is sized to treat the prescribed water quality treatment volume from the site, as defined in the Georgia Stormwater Management Manual;
(2) Appropriate structural stormwater controls or nonstructural practices are selected, designed, constructed or preserved, and maintained according to the specific criteria in the Georgia Stormwater Management Manual; and,
(3) Runoff from hotspot land uses and activities identified by the (local permitting authority) are adequately treated and addressed through the use of appropriate structural stormwater controls, nonstructural practices and pollution prevention practices.
4.2. Stream Channel Protection Protection of stream channels from bank and bed erosion and degradation shall be provided by using all of the following three approaches:
(1) Preservation, restoration and/or reforestation (with native vegetation) of the applicable stream buffer;
(2) 24-hour extended detention storage of the 1-year, 24-hour return frequency storm event;
This requirement may be adjusted or waived by the (local permitting
authority) for sites that discharge directly into larger streams, rivers, wetlands, or lakes, or to a man-made channel or conveyance system where the reduction in
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these flows will not have an impact on upstream or downstream streambank or channel integrity.
(3) Erosion prevention measures such as energy dissipation and velocity control.
4.3. Overbank Flooding Protection Downstream overbank flood and property protection shall be provided by controlling (attenuating) the post-development peak discharge rate to the pre-development rate for the 25-year, 24-hour return frequency storm event. If control of the 1-year, 24-hour storm under Section 4.2 is exempted, then peak discharge rate attenuation of the 2-year through the 25-year return frequency storm event must be provided.
This requirement may be adjusted or waived by the (local permitting authority) for
sites where the post-development downstream analysis shows that uncontrolled postdevelopment conditions will not increase downstream peak flows, or that meeting the requirement will cause greater peak flow downstream impacts than the uncontrolled post-development conditions.
4.4. Extreme Flooding Protection Extreme flood and public safety protection shall be provided by controlling and safely conveying the 100-year, 24 hour return frequency storm event such that flooding is not exacerbated.
This requirement may be adjusted or waived by the (local permitting authority) for
sites where the post-development downstream analysis shows that uncontrolled postdevelopment conditions will not increase downstream peak flows, or that meeting the requirement will cause greater peak flow downstream impacts than the uncontrolled post-development conditions.
4.5. Structural Stormwater Controls All structural stormwater management facilities shall be selected and designed using the appropriate criteria from the Georgia Stormwater Management Manual. All structural stormwater controls must be designed appropriately to meet their intended function. For other structural stormwater controls not included in the Georgia Stormwater Management Manual, or for which pollutant removal rates have not been provided, the effectiveness and pollutant removal of the structural control must be documented through prior studies, literature reviews, or other means and receive approval from (local permitting authority) before being included in the design of a stormwater management system. In addition, if hydrologic or topographic conditions, or land use activities warrant greater control than that provided by the minimum control requirements, the (local stormwater permitting authority) may impose additional requirements deemed necessary to protect upstream and downstream properties and aquatic resources from damage due to increased volume, frequency, and rate of stormwater runoff or increased nonpoint source pollution loads created on the site in question.

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Applicants shall consult the Georgia Stormwater Management Manual for guidance on the factors that determine site design feasibility when selecting and locating a structural stormwater control.
4.6. Stormwater Credits for Nonstructural Measures The use of one or more site design measures by the applicant may allow for a reduction in the water quality treatment volume required under Section 4.1. The applicant may, if approved by the (local permitting authority), take credit for the use of stormwater better site design practices and reduce the water quality volume requirement. For each potential credit, there is a minimum set of criteria and requirements which identify the conditions or circumstances under which the credit may be applied. The site design practices that qualify for this credit and the criteria and procedures for applying and calculating the credits are included in the Georgia Stormwater Management Manual.
4.7. Drainage System Guidelines Stormwater conveyance facilities, which may include but are not limited to culverts, stormwater drainage pipes, catch basins, drop inlets, junction boxes, headwalls, gutter, swales, channels, ditches, and energy dissipaters shall be provided when necessary for the protection of public right-of-way and private properties adjoining project sites and/or public right-of-ways. Stormwater conveyance facilities that are designed to carry runoff from more that one parcel, existing or proposed, shall meet the following requirements:
(1) Methods to calculate stormwater flows shall be in accordance with the stormwater design manual;
(2) All culverts, pipe systems and open channel flow systems shall be sized in accordance with the stormwater management plan using the methods included in the stormwater design manual; and,
(3) Design and construction of stormwater conveyance facilities shall be in accordance with the criteria and specifications found in the stormwater design manual.
4.8. Dam Design Guidelines Any land disturbing activity that involves a site which proposes a dam shall comply with the Georgia Safe Dams Act and Rules for Dam Safety as applicable.
Section 5. Construction Inspections of Post-Development Stormwater Management System
5.1. Inspections to Ensure Plan Compliance During Construction Periodic inspections of the stormwater management system construction shall be conducted by the staff of the (local permitting authority) or conducted and certified by a professional engineer who has been approved by the (local permitting authority).
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Construction inspections shall utilize the approved stormwater management plan for establishing compliance.
All inspections shall be documented with written reports that contain the following information:
(1) The date and location of the inspection;
(2) Whether construction is in compliance with the approved stormwater management plan;
(3) Variations from the approved construction specifications; and,
(4) Any other variations or violations of the conditions of the approved stormwater management plan.
If any violations are found, the applicant shall be notified in writing of the nature of the violation and the required corrective actions.
5.2. Final Inspection and As Built Plans Upon completion of a project, and before a certificate of occupancy shall be granted, the applicant is responsible for certifying that the completed project is in accordance with the approved stormwater management plan. All applicants are required to submit actual "as built" plans for any stormwater management facilities or practices after final construction is completed. The plan must show the final design specifications for all stormwater management facilities and practices and must be certified by a Professional Engineer. A final inspection by the (local permitting authority) is required before the release of any performance securities can occur.
Section 6. Ongoing Inspection and Maintenance of Stormwater Facilities and Practices
6.1. Long-Term Maintenance Inspection of Stormwater Facilities and Practices Stormwater management facilities and practices included in a stormwater management plan which are subject to an inspection and maintenance agreement must undergo ongoing inspections to document maintenance and repair needs and ensure compliance with the requirements of the agreement, the plan and this ordinance.
A stormwater management facility or practice shall be inspected on a periodic basis by the responsible person in accordance with the approved inspection and maintenance agreement. In the event that the stormwater management facility has not been maintained and/or becomes a danger to public safety or public health, the (local permitting authority) shall notify the person responsible for carrying out the maintenance plan by registered or certified mail to the person specified in the inspection
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and maintenance agreement. The notice shall specify the measures needed to comply with the agreement and the plan and shall specify the time within which such measures shall be completed. If the responsible person fails or refuses to meet the requirements of the inspection and maintenance agreement, the (local permitting authority), may correct the violation as provided in Subsection 6.4 hereof.
Inspection programs by the (local permitting authority) may be established on any reasonable basis, including but not limited to: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in stormwater management facilities; and evaluating the condition of stormwater management facilities and practices.
6.2. Right-of-Entry for Inspection The terms of the inspection and maintenance agreement shall provide for the (local permitting authority) to enter the property at reasonable times and in a reasonable manner for the purpose of inspection. This includes the right to enter a property when it has a reasonable basis to believe that a violation of this ordinance is occurring or has occurred and to enter when necessary for abatement of a public nuisance or correction of a violation of this ordinance.
6.3. Records of Maintenance Activities Parties responsible for the operation and maintenance of a stormwater management facility shall provide records of all maintenance and repairs to the (local permitting authority).
6.4. Failure to Maintain If a responsible person fails or refuses to meet the requirements of the inspection and maintenance agreement, the (local permitting authority), after thirty (30) days written notice (except, that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours notice shall be sufficient), may correct a violation of the design standards or maintenance requirements by performing the necessary work to place the facility or practice in proper working condition. The (local permitting authority) may assess the owner(s) of the facility for the cost of repair work which shall be a lien on the property, and may be placed on the ad valorum tax bill for such property and collected in the ordinary manner for such taxes.
Section 7. Violations, Enforcement and Penalties
Any action or inaction which violates the provisions of this ordinance or the requirements of an approved stormwater management plan or permit, may be subject to the enforcement actions outlined in this Section. Any such action or inaction which is
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continuous with respect to time is deemed to be a public nuisance and may be abated by injunctive or other equitable relief. The imposition of any of the penalties described below shall not prevent such equitable relief. The imposition of any of the penalties described below shall not prevent such equitable relief.
7.1. Notice of Violation If the (local permitting authority) determines that an applicant or other responsible person has failed to comply with the terms and conditions of a permit, an approved stormwater management plan or the provisions of this ordinance, it shall issue a written notice of violation to such applicant or other responsible person. Where a person is engaged in activity covered by this ordinance without having first secured a permit therefor, the notice of violation shall be served on the owner or the responsible person in charge of the activity being conducted on the site.
The notice of violation shall contain:
(1) The name and address of the owner or the applicant or the responsible person;
(2) The address or other description of the site upon which the violation is occurring;
(3) A statement specifying the nature of the violation;
(4) A description of the remedial measures necessary to bring the action or inaction into compliance with the permit, the stormwater management plan or this ordinance and the date for the completion of such remedial action;
(5) A statement of the penalty or penalties that may be assessed against the person to whom the notice of violation is directed; and,
(6) A statement that the determination of violation may be appealed to the (local permitting authority) by filing a written notice of appeal within thirty (30) days after the notice of violation (except, that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours notice shall be sufficient).
7.2 Penalties In the event the remedial measures described in the notice of violation have not been completed by the date set forth for such completion in the notice of violation, any one or more of the following actions or penalties may be taken or assessed against the person to whom the notice of violation was directed. Before taking any of the following actions or imposing any of the following penalties, the (local permitting authority) shall first notify the applicant or other responsible person in writing of its intended action, and shall provide a reasonable opportunity, of not less than ten days (except, that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours notice shall be sufficient) to cure such violation. In the event the applicant or other responsible person fails to cure such violation after such notice and cure period, the (local permitting authority) may take any one or more of the following actions or impose any one or more of the following penalties.
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(1) Stop Work Order -The (local permitting authority) may issue a stop work order which shall be served on the applicant or other responsible person. The stop work order shall remain in effect until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein, provided the stop work order may be withdrawn or modified to enable the applicant or other responsible person to take the necessary remedial measures to cure such violation or violations.
(2) Withhold Certificate of Occupancy - The (local permitting authority) may refuse to issue a certificate of occupancy for the building or other improvements constructed or being constructed on the site until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein.
(3) Suspension, Revocation or Modification of Permit - The (local permitting authority) may suspend, revoke or modify the permit authorizing the land development project. A suspended, revoked or modified permit may be reinstated after the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein, provided such permit may be reinstated [upon such conditions as the (local permitting authority) may deem necessary] to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations.
(4) Civil Penalties - In the event the applicant or other responsible person fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within ten days, or such greater period as the (local permitting authority) shall deem appropriate (except, that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours notice shall be sufficient) after the (local permitting authority) has taken one or more of the actions described above, the (local permitting authority) may impose a penalty not to exceed $1,000 (depending on the severity of the violation) for each day the violation remains unremedied after receipt of the notice of violation.
(5) Criminal Penalties - For intentional and flagrant violations of this ordinance, the (local permitting authority) may issue a citation to the applicant or other responsible person, requiring such person to appear in (appropriate municipal, magistrate or recorders) court to answer charges for such violation. Upon conviction, such person shall be punished by a fine not to exceed $1,000 or imprisonment for 60 days or both. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense.
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District Model Floodplain Management / Flood Damage Prevention Ordinance

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MODEL FLOODPLAIN MANAGEMENT / FLOOD DAMAGE PREVENTION ORDINANCE
Description:
Floodplain management involves the designation of flood-prone areas and the managing of their uses. It is also aimed at minimizing modifications to streams, reducing flood hazards, and protecting the beneficial uses of the floodplain such as water quality protection. As such, floodplain management can be seen as a subset of the larger consideration of surface water and stormwater management.
Floodplain regulations and development restrictions can greatly reduce future flooding impacts, preserve greenspace and habitat, and protect their function in safely conveying floodwaters and protecting water quality. This model ordinance aims to help communities integrate floodplain management with stormwater management during the land development process.
Table of Contents
Section 1. General Provisions Section 2. Definitions Section 3. Permit Procedures and Requirements Section 4. Standards for Land Development Section 5. Provisions for Flood Hazard Reduction Section 6. Variance Procedures Section 7. Violations, Enforcement and Penalties
Note: Italicized text with this symbol should be interpreted as comments,
instructions, or information to assist the local government in tailoring the
ordinance. This text would not appear in a final adopted ordinance.
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Introduction
It is hereby determined that:
The flood hazard areas of (jurisdiction) are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood relief and protection, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.
Flood hazard areas can serve important stormwater management, water quality, streambank protection, stream corridor protection, wetland preservation and ecological purposes when permanently protected as undisturbed greenspace areas.
Effective floodplain management and flood hazard protection activities can (1) Protect human life and health; (2) Minimize damage to private property; (3) Minimize damage to public facilities and infrastructure such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; and (4) Minimize expenditure of public money for costly flood control projects associated with flooding and generally undertaken at the expense of the general public.
Therefore, the (local permitting authority) establishes this set of floodplain management and flood hazard reduction policies for the purpose of regulating the use of flood hazard areas. It is determined that the regulation of flood hazard areas and the prevention of flood damages is in the public interest and will minimize threats to public health and safety.
Section 1. General Provisions
1.1. Purpose and Intent The purpose of this ordinance is to protect, maintain and enhance the public health, safety, environment and general welfare and to minimize public and private losses due to flood conditions in flood hazard areas, as well as to protect the beneficial uses of floodplain areas for water quality protection, streambank and stream corridor protection, wetlands preservation and ecological and environmental protection by provisions designed to:
(1) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
(2) Restrict or prohibit uses which are dangerous to health, safety and property due to flooding or erosion hazards, or which increase flood heights, velocities, or erosion;

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(3) Control filling, grading, dredging and other development which may increase flood damage or erosion;
(4) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands;
(5) Limit the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters; and,
(6) Protect the stormwater management, water quality, streambank protection, stream corridor protection, wetland preservation and ecological functions of natural floodplain areas.
1.2. Applicability This ordinance shall be applicable to all Areas of Special Flood Hazard within the (jurisdiction), i.e. floodplain and flood prone areas as defined herein at or below the base flood elevation or the regulatory flood elevation, whichever is more restrictive (including A, AO, AH, AE, A1-30, or A-99 on the FIRM), and all new or substantial improvement residential units, all subdivisions, non-residential structures, manufactured home, recreational vehicles, and utilities located within these areas. In addition, all streams with a drainage area of 100 acres of more have an area of special flood hazard.
1.3. Designation of Ordinance Administrator The (title of administrator) or (designee) is hereby appointed to administer and implement the provisions of this ordinance.
1.4. Basis for Area of Special Flood Hazard Flood Area Maps and Studies For the purposes of this ordinance, the following are adopted by reference:
(1) The Flood Insurance Study (FIS), dated _____________, with accompanying maps and other supporting data and any revision thereto. For those land areas acquired by a municipality through annexation, the current effective FIS and data for (unincorporated county) are hereby adopted by reference.
(2) Other studies which may be relied upon for the establishment of the base flood elevation or delineation of the 100-year floodplain include:
(a) Any flood or flood-related study conducted by the United States Corps of Engineers or the United States Geological Survey applicable to (jurisdiction); or
(b) Any base flood study authored by a registered professional engineer in the State of Georgia which has been approved by (local permitting authority).

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(3) Other studies which may be relied upon for the establishment of the regulatory flood elevation or delineation of the regulatory floodplain include:
(a) Any flood or flood-related study conducted by the United States Corps of Engineers or the United States Geological Survey applicable to (jurisdiction); or
(b) Any regulatory flood study authored by a registered professional engineer in the State of Georgia which has been approved by (local permitting authority).
1.5. Compatibility with Other Regulations This ordinance is not intended to modify or repeal any other ordinance, rule, regulation, statute, easement, covenant, deed restriction or other provision of law. The requirements of this ordinance are in addition to the requirements of any other ordinance, rule, regulation or other provision of law, and where any provision of this ordinance imposes restrictions different from those imposed by any other ordinance, rule, regulation or other provision of law, whichever provision is more restrictive or impose higher protective standards for human health or the environment shall control.
1.6. Severability If the provisions of any section, subsection, paragraph, subdivision or clause of this ordinance shall be adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision or clause of this ordinance.
1.7. Warning and Disclaimer of Liability The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur; flood heights may be increased by manmade or natural causes. This ordinance does not imply that land outside the Areas of Special Flood Hazard or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of (jurisdiction) or by any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made there under.
Section 2. Definitions
* NOTE: data must be inserted
"Addition (to an existing building)" means any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a fire wall. Any walled and roofed addition which is connected by a fire wall or is separated by an independent perimeter load-bearing wall shall be considered New Construction.
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* "Appeal" means a request for a review of the (appointed official)'s interpretation of any provision of this ordinance. "Area of Shallow Flooding" means a designated AD or AH Zone on a community's Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet, and/or where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. "Area of Special Flood Hazard" is the land in the floodplain subject to a one percent or greater chance of flooding in any given year. In the absence of official designation by the Federal Emergency Management Agency, Areas of special Flood Hazard shall be those designated by the local community and referenced in Section 1.4. "Base Flood" means the flood having a one percent chance of being equaled or exceeded in any given year [i.e., the "100-year flood"]. "Base Flood Elevation" means the highest water surface elevation anticipated at any given point during the base flood. "Basement" means that portion of a building having its floor subgrade (below ground level) on all sides. "Building" means any structure built for support, shelter, or enclosure for any occupancy or storage. "Elevated Building" means a non-basement building built to have the lowest floor of the lowest enclosed area elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns, piers, or shear walls adequately anchored so as not to impair the structural integrity of the building during a base flood event. * "Existing Construction" Any structure for which the "start of construction" commenced before (a specific date) [i.e., the effective date of the FIRST floodplain management code or ordinance adopted by the community as a basis for that community's participation in the National Flood Insurance Program (NFIP)]. * "Existing Manufactured Home Park or Subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum the installation of utilities, the construction of streets, and final site grading or the pouring of concrete pads) is completed before a specific date [i.e., the effective date of the FIRST floodplain management regulations adopted by a community]. "Expansion to an Existing Manufactured Home Park or Subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed, including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads. "FEMA" means the Federal Emergency Management Agency. "Flood" or "Flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from:
(a) the overflow of inland or tidal waters; or (b) the unusual and rapid accumulation or runoff of surface waters from any source. "Flood Hazard Boundary Map" or "FHBM" means an official map of a community, issued by the Federal Insurance Administration, where the boundaries of areas of special flood hazard have been defined as Zone A.
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"Flood Insurance Rate Map" or ("FIRM" means an official map of a community, issued by the Federal Insurance Administration, delineating the areas of special flood hazard and/or risk premium zones applicable to the community. "Flood Insurance Study" or "FIS" means the official report by the Federal Insurance Administration evaluating flood hazards and containing flood profiles and water surface elevations of the base flood. "Floodplain" means any land area susceptible to flooding, which would have at least a one percent probability of flooding occurrence in any calendar year based on the basin being fully developed as shown in the current land use plan; i.e., the regulatory flood. "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. "Functionally Dependent Use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. "Highest Adjacent Grade" means the highest natural elevation of the ground surface, prior to construction, adjacent to the proposed foundation of a building. "Historic Structure" means any structure that is;
(a) Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (c) Individually listed on a state inventory of historic places and determined as eligible by states with historic preservation programs which have been approved by the Secretary of the Interior; or (d) Individually listed on a local inventory of historic places and determined as eligible by communities with historic preservation programs that have been certified either:
1. By an approved state program as determined by the Secretary of the Interior, or 2. Directly by the Secretary of the Interior in states without approved programs. "Land Development" means any land change, including, but not limited to, clearing, digging, grubbing, stripping, removal of vegetation, dredging, grading, excavating, transporting and filling of land, construction, paving, and any other installation of impervious cover. "Land Development Activities" means those actions or activities which comprise, facilitate or result in land development. "Land Development Project" means a discrete land development undertaking. "Lowest Floor" means the lowest floor of the lowest enclosed area, including basement. An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage, in an area other than a basement, is not considered a building's lowest
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floor, provided that such enclosure is not built so as to render the structure in violation of other provisions of this code. "Manufactured Home" means a building, transportable in one or more sections, built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term includes any structure commonly referred to as a "mobile home" regardless of the date of manufacture. The term also includes parked trailers, travel trailers and similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property. "Mean Sea Level" means the average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For purposes of this ordinance the term is synonymous with National Geodetic Vertical Datum (NGVD). "National Geodetic Vertical Datum (NGVD) " as corrected in 1929 is a vertical control used as a reference for establishing varying elevations within the floodplain. * "New Construction" means any structure (see definition) for which the "start of construction" commenced after (* specific date) and includes any subsequent improvements to the structure. [* i.e., the effective date of the FIRST floodplain management ordinance adopted by the community as a basis for community participation in the (NFIP)]. * "New Manufactured Home Park or Subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after (* specific date) [i.e., the effective date of the first floodplain management regulations adopted by a community]. "Owner" means the legal or beneficial owner of a site, including but not limited to, a mortgagee or vendee in possession, receiver, executor, trustee, lessee or other person, firm or corporation in control of the site. "Permit" means the permit issued by the (local permitting authority) to the applicant which is required for undertaking any land development activity. "Recreational Vehicle" means a vehicle which is:
(a) built on a single chassis; (b) 400 square feet or less when measured at the largest horizontal projection; (c) designed to be self-propelled or permanently towable by light duty truck; and, (d) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. "Regulatory Flood" means the flood standard equal to or higher than the Base Flood. The Regulatory Flood is defined as the flood having a one percent chance of being equaled or exceeded in any given year assuming the drainage basin is fully developed as shown on the current land use plan. Only structural stormwater control facilities that can be shown will remain (i.e. owned by the (jurisdiction)) and are large enough to be included in the hydrograph routings shall be considered when determining the flood peak. "Regulatory Flood Elevation" means the flood standard equal to or higher than the Base Flood Elevation. The Regulatory Flood Elevation is defined as the highest water surface anticipated at any given point during the regulatory flood.
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"Site" means the parcel of land being developed, or the portion thereof on which the land development project is located. "Start of Construction" means the date the permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of the structure such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation, and includes the placement of a manufactured home on a foundation. Permanent construction does not include initial land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of buildings appurtenant to the permitted structure, such as garages or sheds not occupied as dwelling units or part of the main structure. (NOTE: accessory structures are not exempt from any ordinance requirements). For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. "Structure" means a walled and roofed building that is principally above ground, a manufactured home, a gas or liquid storage tank. "Substantial Damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. "Substantial Improvement" means any combination of repairs, reconstruction, alteration, or improvements to a building, taking place during a 5-year period, in which the cumulative cost equals or exceeds 50 percent of the market value of the structure prior to the improvement. The market value of the building means (1) the appraised value of the structure prior to the start of the initial repair or improvement, or (2) in the case of damage, the value of the structure prior to the damage occurring. This term includes structures which have incurred "substantial damage" regardless of the actual amount of repair work performed. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. The term does not, however, include those improvements of a building required to comply with existing health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, which have been preidentified by the Code Enforcement Official, and not solely triggered by an improvement or repair project. "Substantially Improved Existing Manufactured Home Park or Subdivision" is where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced. "Variance" is a grant of relief from the requirements of this ordinance which permits construction in a manner otherwise prohibited by this ordinance.

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District Model Floodplain Management / Flood Damage Prevention Ordinance

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Section 3. Permit Procedures and Requirements
3.1. Permit Application Requirements No owner or developer shall perform any land development activities on a site where a regulatory floodplain is located, or is proposed to be altered or disturbed in any way, without first meeting the requirements of this ordinance prior to commencing the proposed activity.
Unless specifically excluded by this ordinance, any lowner or developer desiring a permit for a land development activity shall submit to the (local permitting authority) a permit application on a form provided by the (local permitting authority) for that purpose.
No land development permit will be approved for any land development activities that do not meet the requirements, restrictions and criteria of this ordinance.
3.2. Floodplain Management Plan Requirements No application for a land development project within any area of special flood hazard established in Section 1.4 will be approved unless it includes a floodplain management / flood damage prevention plan. This plan shall be in accordance with the criteria established in this section.
This plan must be submitted with the stamp and signature of a Professional Engineer (PE) licensed in the state of Georgia, who will verify that all designs are consistent with the requirements of this ordinance.
The approved floodplain management / flood damage prevention plan shall contain certification by the applicant that all land development activities will be done according to the plan or previously approved revisions. Any and all land development permits and/or use and occupancy certificates or permits may be revoked at any time if the construction and building activities are not in strict accordance with approved plans.
The floodplain management / flood damage prevention plan shall include, but not be limited to, the following: plans drawn to scale of the site in question and the nature, location, and dimensions of existing or proposed structures, earthen fill placement, storage of materials or equipment, and drainage and stormwater management facilities.
Specifically, the following information is required:
(1) Site plan, including but not limited to: (a) For all proposed structures, spot ground elevations at building corners and 20foot or smaller intervals along the foundation footprint, or one foot contour elevations throughout the building site; (b) Proposed locations of water supply, sanitary sewer, and utilities; (c) If available, the base flood elevation and/or regulatory flood elevation; and, (d) If applicable, the location of the floodway.
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(2) Foundation design detail, including but not limited to: (a) Proposed elevation in relation to mean sea level (or highest adjacent grade) of the lowest floor, including basement, of all structures; (b) For a crawl-space foundation, location and total net area of foundation openings as required in Subsection 5.1(4) of this ordinance.
(3) Proposed elevation in relation to mean sea level to which any substantial improvements to an existing non-residential structure will be flood-proofed, as required in Section 5 of this ordinance;
(4) Description of the extent to which any watercourse will be altered or relocated as a result of the proposed land development project; and,
(5) All appropriate certifications required under this ordinance.
3.3. Construction Stage Submittal Requirements For all new construction and substantial improvements on sites with a floodplain management / flood damage prevention plan, the permit holder shall provide to the (administrator) a certified as-built plan showing of the regulatory floor elevation or flood-proofing level immediately after the lowest floor or flood-proofing is completed. Any lowest floor certification made relative to mean sea level shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same. When flood-proofing is utilized for non-residential structures, said certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same.
Any work undertaken prior to approval of these certifications shall be at the permit holder's risk. The (administrator) shall review the above referenced certification data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further work being allowed to proceed. Failure to submit certification or failure to make the corrections required hereby shall be cause to issue a stop work order for the project.
3.4. Duties and Responsibilities of the Administrator Duties of the (administrator) shall include, but shall not be limited to:
(1) Review all land development applications and permits to assure that the requirements of this ordinance have been satisfied;
(2) Require that copies of all necessary permits from governmental agencies from which approval is required by Federal or state law, including section 404 of the Federal Water Pollution Control Act Amendments of 1972,33 U.S.C. 1334, be provided and maintained on file;
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(3) When Base Flood Elevation data or floodway data have not been provided, then the (administrator) shall require the applicant to obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, state or other sources in order to meet the provisions of Sections 4 and 5;
(4) Record the actual elevation in relation to mean sea level (or highest adjacent grade) of the lowest floor, including basement, of all new or substantially improved structures;
(5) Record the actual elevation, in relation to mean sea level to which any substantially improved structures have been flood-proofed;
(6) When flood-proofing is utilized for a structure, the (administrator) shall obtain certification of design criteria from a registered professional engineer or architect;
(7) Notify affected adjacent communities and the Georgia Department of Natural Resources prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Emergency Management Agency (FEMA);
(8) Where interpretation is needed as to the exact location of boundaries of the Areas of Special Flood Hazard (e.g., where there appears to be a conflict between a mapped boundary and actual field conditions) the (administrator) shall make the necessary interpretation. Any person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this ordinance. Where floodplain elevations have been defined, the floodplain shall be determined based on flood elevations rather than the area graphically delineated on the floodplain maps; and,
(9) All records pertaining to the provisions of this ordinance shall be maintained in the office of the (administrator) and shall be open for public inspection.
Section 4. Standards for Land Development
4.1. Definition of Floodplain Boundaries
(1) Studied "A" zones, as identified in the FIS, shall be used to establish base flood elevations whenever available.
(2) For Special Flood Hazards Areas and flood prone areas, the regulatory flood elevations shall be determined by a registered professional engineer using a method approved by the (local permitting authority).
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(3) The boundaries or limits of the floodplain shall be within 0.5 feet vertical accuracy on the site plan containing existing topographic information.
4.2. Definition of Floodway Boundaries
(1) The width of a floodway shall be determined from the FIS or FEMA approved flood study.
(2) Following a pre-design conference with the (local permitting authority), the boundaries or limits of the floodway shall be shown on the (development or stormwater) site plan containing existing topographic information.
4.3. General Standards
(1) No construction or structures, including grading, filling, cutting or displacement of earth shall be allowed within the regulatory floodplain that could result in any of the following:
(a) Raising the regulatory flood elevation beyond the boundaries of the ownership of the property being developed unless contained in a drainage easement obtained by the developer; (b) Reducing the regulatory flood storage capacity. All compensation for storage capacity shall occur either within the boundaries of ownership of the property being developed, or within a permanent, recorded flood control easement, and shall be within a reasonable proximity to the location of the encroachment. Acceptable means of providing required compensation include: lowering of natural ground elevations within the floodplain; or, lowering of adjoining land areas to create additional floodplain; or raising of the regulatory flood elevation within the boundaries of ownership of the property being developed. All cut areas are to be graded to a slope of no less than 1.0 percent. In no case shall any required compensation be provided via bottom storage or by excavating below the elevation of the top of the natural (pre-development) stream channel unless such excavation results from the widening or relocation of the stream channel. A stepbackwater analysis will be required to determine the volume of flood storage created by raising the regulatory flood elevation; (c) Changing the flow characteristics of the waters of the regulatory flood as they pass both the upstream and the downstream boundaries of the property. Verification shall be provided via a step-backwater analysis; or, (d) Creating hazardous or erosion-producing velocities, or resulting in excessive sedimentation. In all cases effective transitions must be provided such that flow velocities occurring on both upstream and downstream properties are not increased or decreased.

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(2) All proposed development shall have public utilities and facilities, such as sewer, gas, electrical and water system, located and constructed to minimize flood damage.
(3) Any significant changes or revisions to the flood data adopted herein and shown on the FIRM shall be submitted as a Conditional Letter of Map Revision (CLOMR) or Conditional Letter of Map Amendment (CLOMA), whichever is applicable. The CLOMR submittal shall be subject to approval by the (local permitting authority) using the Community Consent forms before forwarding the submittal package to FEMA for final approval. The responsibility for forwarding the CLOMR to FEMA and for obtaining the CLOMR approval shall be the responsibility of the applicant. Within six months of the completion of construction, the applicant shall submit as built surveys which demonstrate general conformance to the approved designs as submitted in the CLOMR application. A Letter of Map Revision (LOMR) or Letter of Map Amendment (LOMA) must be issued before the Final Plat can be approved or a Certificate of Occupancy can be issued. Significant changes or revisions shall be defined as any change to the FIRM easily observed when plotted at a scale of 1" = 1000'. The changes or revisions may be due to, but are not limited to, more current and/or superior topographic information or compensatory cut and fill grading done as a part of the development.
4.4. Engineering Study Requirements for Floodplain Encroachments An engineering study is required, as appropriate to the proposed development activities on the site, whenever a development proposes to disturb the regulatory floodplain. This study shall be prepared by a currently registered Professional Engineer in the State of Georgia and made a part of the application for a permit. This information shall be submitted to and approved by the (local permitting authority) prior to the approval of any permit which would authorize the disturbance of land located within the floodplain. Such study shall include:
(1) Description of the extent to which any watercourse or floodplain will be altered or relocated as a result of the proposed development;
(2) Step-backwater analysis, using a method approved by the (local permitting authority). Cross-sections (which may be supplemented by the applicant) and flow information will be obtained whenever available. Computations will be shown duplicating FIS results and will then be rerun with the proposed modifications to determine the new base flood and regulatory flood profiles;
(3) Floodplain storage calculations based on cross-sections (at least one every 100 feet) showing existing and proposed floodplain conditions to show that regulatory floodplain storage capacity would not be diminished by the development;

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(4) If changes to the regulatory flood elevation are proposed, profiles of the channel showing the existing and proposed regulatory flood elevations must be provided; and,
(5) The study shall include a preliminary plat, grading plan, or site plan, as appropriate, which shall clearly define all floodplain encroachments.
4.5. Floodway Encroachments Located within Areas of Special Flood Hazard are areas designated as floodway. A floodway may be an extremely hazardous area due to velocity flood waters, debris or erosion potential. In addition, floodways must remain free of encroachment in order to allow for the discharge of the base flood without increased flood heights. Therefore the following provisions shall apply:
(1) Encroachments are prohibited, including earthen fill, new construction, substantial improvements or other development within the regulatory floodway, except when required for the construction of bridges, culverts, roadways and utilities, provided it is demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the encroachment shall not result in any increase to the pre-project base flood elevations, floodway elevations, or floodway widths during the regulatory or base flood discharge. A registered professional engineer must provide supporting technical data and certification thereof; and,
(2) If the applicant proposes to revise the floodway boundaries, no permit authorizing the encroachment into or an alteration of the floodway shall be issued by the (local permitting authority) until an affirmative Conditional Letter of Map Revision (CLOMR) or Conditional Letter of Map Amendment (CLOMA), whichever is applicable, is issued by FEMA.
4.6. Maintenance Requirements The property owner shall be responsible for continuing maintenance as may be needed within an altered or relocated portion of a floodplain on his property so that the floodcarrying or flood storage capacity is not diminished. The (local permitting authority) may direct the property owner (at no cost to [jurisdiction]) to restore the flood-carrying or flood storage capacity of the floodplain if the owner has not performed maintenance as required by the approved floodplain management plan on file with the (local permitting authority).

Section 5. Provisions for Flood Hazard Reduction
5.1. General Standards In all Areas of Special Flood Hazard the following provisions apply:
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(1) New construction of principal buildings (residential or non-residential), including manufactured homes, shall not be allowed within the limits of the floodplain;
(2) Substantial improvements of existing structures shall be anchored to prevent flotation, collapse or lateral movement of the structure;
(3) Substantial improvements of existing structures shall be constructed with materials and utility equipment resistant to flood damage;
(4) Substantial improvements of existing structures shall be constructed by methods and practices that minimize flood damage;
(5) Elevated Buildings - All substantial improvements of existing structures that include any fully enclosed area located below the lowest floor formed by foundation and other exterior walls shall be designed so as to be an unfinished or flood resistant enclosure. The enclosure shall be designed to equalize hydrostatic flood forces on exterior walls by allowing for the automatic entry and exit of floodwater.
(a) Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following minimum criteria:
(i) Provide a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; (ii) The bottom of all openings shall be no higher than one foot above grade; and, (iii) Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwater in both directions. (b) So as not to violate the "Lowest Floor" criteria of this ordinance, the unfinished or flood resistant enclosure shall only be used for parking of vehicles, limited storage of maintenance equipment used in connection with the premises, or entry to the elevated area; and, (c) The interior portion of such enclosed area shall not be partitioned or finished into separate rooms.
(6) All heating and air conditioning equipment and components, all electrical, ventilation, plumbing, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;
(7) Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-
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the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable State requirements for resisting wind forces;
(8) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;
(9) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters;
(10) On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding; and,
(11) Any alteration, repair, reconstruction or improvement to a structure which is not compliant with the provisions of this ordinance, shall be undertaken only if the non- conformity is not furthered, extended or replaced.
5.2. Building Standards for Structures and Buildings Within the Floodplain
(1) Residential Buildings (a.) New construction. New construction of principal buildings, including manufactured homes shall not be allowed within the limits of the floodplain. (b.) Substantial Improvements. Substantial improvement of any structure or manufactured home shall have the lowest floor, including basement, elevated no lower than three (3) feet above the base flood elevation adjacent to the building or at least as high as the regulatory flood elevation, whichever is highest. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of flood waters shall be provided in accordance with standards of Section 5.1 (4), "Elevated Buildings."
(2) Non-Residential Buildings (a.) New construction. New construction of principal buildings, including manufactured homes shall not be allowed within the limits of the floodplain. (b.) Substantial Improvements. Substantial improvement of any structure located in A1- 30, AE, or AH zones, may be authorized by the (administrator) to be flood-proofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be water tight to one (1) foot above the base flood elevation, or at least as high as the regulatory flood elevation, whichever is highest, with walls substantially impermeable to the passage of water, and structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered Professional Engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions above, and shall provide such certification to the (administrator).

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(3) Accessory Structures and Facilities Accessory structures and facilities (i.e., barns, sheds, gazebos, detached garages, parking lots, recreational facilities and other similar structures and facilities) which are permitted to be located within the limits of the floodplain shall be designed and constructed to pass all floodwater in a manner consistent with this ordinance.
(4) Standards for Recreational Vehicles All recreational vehicles placed on sites must either: (a) Be fully licensed and ready for highway use, (a recreational vehicle is ready for highway use if it is licensed, on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached structures or additions); or (b) The recreational vehicle must meet all the requirements for "Residential Buildings--Substantial Improvements", including the anchoring and elevation requirements above.
5.3. Building Standards for Structures and Buildings Authorized Adjacent to the Floodplain
(1) Residential Buildings For new construction or substantial improvement of any principal residential building or manufactured home, the elevation of the lowest floor, including basement and access to the building, shall be at least three (3) feet above the level of the highest base flood (100 year) elevation adjacent to the building or at least as high as the regulatory flood elevation whichever is highest.
(2) Non-Residential Buildings For new construction or substantial improvement of any principal non-residential building, the elevation of the lowest floor, including basement and access to the building, shall be at least one (1) foot above the level of the highest base flood (100 year) elevation adjacent to the building or at least as high as the regulatory flood elevation whichever is highest.
5.4. Building Standards for Streams Without Established Base Flood Elevations and/or Floodway (A-Zones) Located within the Areas of Special Flood Hazard, where streams exist but no base flood data have been provided (A-Zones) or where base flood data have been provided but a Floodway has not been delineated, the (administrator) shall review and reasonably utilize any available scientific or historic base flood elevation or regulatory flood elevation and floodway data available from a Federal, State, or other source, in order to administer the provisions and standards of this Section. If sufficient data are not available from these sources, then the (administrator) may accept a hydrologic assessment performed by a registered professional engineer to determine the regulatory flood and floodway elevations.

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5.5. Building Standards for Areas of Shallow Flooding (AO-Zones) Areas of Special Flood Hazard may include designated "AO" shallow flooding areas. These areas have base flood depths of one to three feet (1'-3') above ground, with no clearly defined channel. In these areas the following provisions apply:
(1) All substantial improvements of residential and non-residential structures shall have the lowest floor, including basement, elevated to the flood depth number specified on the Flood Insurance Rate Map (FIRM), above the highest adjacent grade. If no flood depth number is specified, the lowest floor, including basement, shall be elevated at least three (3) feet above the highest adjacent grade. Openings sufficient to facilitate the unimpeded movements of flood waters shall be provided in accordance with standards for "Elevated Buildings"
The applicant's or owner's engineer shall certify to the (administrator) that the lowest floor elevation level and the record shall become a permanent part of the permit file;
(2) Substantial improvement of a non- residential structure may be flood-proofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be water tight to the specified FIRM flood level plus one (1) foot above the highest adjacent grade, with walls substantially impermeable to the passage of water, and structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice; and,
(3) Drainage paths shall be provided to guide floodwater around and away from any proposed structure.
5.6. Standards for Subdivisions
(1) All subdivision proposals shall identify the special flood hazard area and provide base flood and regulatory flood elevation data;
(2) All subdivision plans will provide the elevation of proposed structure(s) and pad(s). If the site is filled above the base flood or regulatory flood elevation, the lowest flood and pad elevations shall be certified by a registered professional engineer or surveyor and provided to the (administrator);
(3) All subdivision proposals shall be consistent with the need to minimize flood damage;

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(4) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage; and,
(5) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards.
5.7. Standards for Utilities
(1) All new and replacement water supply and sanitary sewerage systems shall be designed to minimize or eliminate: (a) infiltration of flood waters into the systems; and, (b) discharges from the systems into flood waters.
(2) On-site waste disposal systems shall be located outside the floodplain to avoid impairment to them, or contamination from them during flooding.
Section 6. Variance Procedures
(1) The (appointed board) as established by the (jurisdiction) shall hear and decide requests for appeals or variance from the requirements of this ordinance.
(2) The board shall hear and decide appeals when it is alleged an error in any requirement, decision, or determination is made by the (local official) in the enforcement or administration of this ordinance.
(3) Any person aggrieved by the decision of the (appointed board) may appeal such decision to the (appropriate court), as provided in (state statute).
(4) Variances may be issued for the repair or rehabilitation of Historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an Historic structure and the variance is the minimum to preserve the historic character and design of the structure.
(5) Variances may be issued for development necessary for the conduct of a functionally dependent use, provided the criteria of this Article are met, no reasonable alternative exists, and the development is protected by methods that minimize flood damage during the base flood and create no additional threats to public safety.
(6) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

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(7) In reviewing such requests, the (appointed board) shall consider all technical evaluations, relevant factors, and all standards specified in this and other sections of this ordinance.
(8) Conditions for Variances:
(a) A variance shall be issued only when there is: (i) a finding of good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship; and, (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, or cause fraud on or victimization of the public.
(b) The provisions of this ordinance are minimum standards for flood loss reduction, therefore any deviation from the standards must be weighed carefully. Variances shall only be issued upon determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; and, in the instance of an Historic structure, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building.
(c) Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation of the proposed lowest floor and stating that the cost of flood insurance will be commensurate with the increased risk to life and property resulting from the reduced lowest floor elevation.
(d) The (administrator) shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request.
(9) Upon consideration of the factors listed above and the purposes of this ordinance, the (appointed board) may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance.
Section 7. Violations, Enforcement and Penalties
Any action or inaction which violates the provisions of this ordinance or the requirements of an approved stormwater management plan or permit, may be subject to the enforcement actions outlined in this Section. Any such action or inaction which is continuous with respect to time is deemed to be a public nuisance and may be abated by injunctive or other equitable relief. The imposition of any of the penalties described

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below shall not prevent such equitable relief. The imposition of any of the penalties described below shall not prevent such equitable relief.
7.1. Notice of Violation If the (local permitting authority) determines that an applicant or other responsible person has failed to comply with the terms and conditions of a permit, an approved stormwater management plan or the provisions of this ordinance, it shall issue a written notice of violation to such applicant or other responsible person. Where a person is engaged in activity covered by this ordinance without having first secured a permit therefor, the notice of violation shall be served on the owner or the responsible person in charge of the activity being conducted on the site.
The notice of violation shall contain:
(1) The name and address of the owner or the applicant or the responsible person;
(2) The address or other description of the site upon which the violation is occurring;
(3) A statement specifying the nature of the violation;
(4) A description of the remedial measures necessary to bring the action or inaction into compliance with the permit, the stormwater management plan or this ordinance and the date for the completion of such remedial action;
(5) A statement of the penalty or penalties that may be assessed against the person to whom the notice of violation is directed; and,
(6) A statement that the determination of violation may be appealed to the (local permitting authority) by filing a written notice of appeal within thirty (30) days after the notice of violation (except, that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours notice shall be sufficient).
7.2. Penalties In the event the remedial measures described in the notice of violation have not been completed by the date set forth for such completion in the notice of violation, any one or more of the following actions or penalties may be taken or assessed against the person to whom the notice of violation was directed. Before taking any of the following actions or imposing any of the following penalties, the (local permitting authority) shall first notify the applicant or other responsible person in writing of its intended action, and shall provide a reasonable opportunity, of not less than ten (10) days (except, that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours notice shall be sufficient) to cure such violation. In the event the applicant or other responsible person fails to cure such violation after such notice and cure period, the (local permitting authority) may take any one or more of the following actions or impose any one or more of the following penalties.

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District Model Floodplain Management / Flood Damage Prevention Ordinance

Adopted 10/3/02

(1) Stop Work Order -The (local permitting authority) may issue a stop work order which shall be served on the applicant or other responsible person. The stop work order shall remain in effect until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein, provided the stop work order may be withdrawn or modified to enable the applicant or other responsible person to take the necessary remedial measures to cure such violation or violations.
(2) Withhold Certificate of Occupancy - The (local permitting authority) may refuse to issue a certificate of occupancy for the building or other improvements constructed or being constructed on the site until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein.
(3) Suspension, Revocation or Modification of Permit - The (local permitting authority) may suspend, revoke or modify the permit authorizing the land development project. A suspended, revoked or modified permit may be reinstated after the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein, provided such permit may be reinstated (upon such conditions as the (local permitting authority) may deem necessary) to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations.
(4) Civil Penalties - In the event the applicant or other responsible person fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within ten (10) days, or such greater period as the (local permitting authority) shall deem appropriate (except, that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours notice shall be sufficient) after the (local permitting authority) has taken one or more of the actions described above, the (local permitting authority) may impose a penalty not to exceed $1,000 (depending on the severity of the violation) for each day the violation remains unremedied after receipt of the notice of violation.
(5) Criminal Penalties - For intentional and flagrant violations of this ordinance, the (local permitting authority) may issue a citation to the applicant or other responsible person, requiring such person to appear in (appropriate municipal, magistrate or recorders) court to answer charges for such violation. Upon conviction, such person shall be punished by a fine not to exceed $1,000 or imprisonment for 60 days or both. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense.

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District Model Conservation Subdivision / Open Space Development Ordinance

Adopted 10/3/02

MODEL CONSERVATION SUBDIVISION / OPEN SPACE DEVELOPMENT ORDINANCE
Description:
The model ordinance provides for conservation subdivisions in residential zones. This type of development can provide for the preservation of open space and greenspace for watershed protection and the nonstructural management of stormwater runoff.
Table of Contents
Section 1. Purposes Section 2. General Regulations Section 3. Application Requirements Section 4. Open Space
Note: Italicized text with this symbol should be interpreted as comments,
instructions, or information to assist the local government in tailoring the
ordinance. This text would not appear in a final adopted ordinance. Text in
[brackets] indicates terms that need to be written specifically for the local jurisdiction, such as the jurisdiction name. Definitions are generally not included, but may need to be added to the appropriate portion of the local code if they are not elsewhere used or if they are used in a different context. Depending on the structure of the local code, some elements of the ordinance may need to be inserted into the zoning code and others may need to be added to the subdivision or development ordinance.

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Section 1. Purposes
This ordinance is being recommended as a tool for water quality and watershed
protection. However, there are multiple and complementary benefits and purposes of a Conservation Subdivision ordinance which a local jurisdiction may wish to acknowledge.
A. To provide for the preservation of greenspace as a nonstructural stormwater runoff and watershed protection measure.
B. To provide a residential zoning district that permits flexibility of design in order to promote environmentally sensitive and efficient uses of the land.
C. To preserve in perpetuity unique or sensitive natural resources such as groundwater, floodplains, wetlands, streams, steep slopes, woodlands and wildlife habitat.
D. To permit clustering of houses and structures on less environmentally sensitive soils which will reduce the amount of infrastructure, including paved surfaces and utility easements, necessary for residential development.
E. To reduce erosion and sedimentation by minimizing land disturbance and removal of vegetation in residential development.
F. To promote interconnected greenways and corridors throughout the community.
G. To promote contiguous greenspace with adjacent jurisdictions.
H. To encourage interaction in the community by clustering houses and orienting them closer to the street, providing public gathering places and encouraging use of parks and community facilities as focal points in the neighborhood.
I. To encourage street designs that reduce traffic speeds and reliance on main arteries.
J. To promote construction of convenient landscaped walking trails and bike paths both within the subdivision and connected to neighboring communities, businesses, and facilities to reduce reliance on automobiles.
K. To conserve scenic views and reduce perceived density by maximizing the number of houses with direct access to and views of open space.

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L. To preserve important historic and archaeological sites.
Section 2. General Regulations
A. Applicability of Regulations. This Conservation Subdivision option is available in the following [list of applicable zoning districts and conditions] as a use by right. Applicant shall comply with all other provisions of the zoning code and all other applicable laws, except those that are incompatible with the provisions contained herein.
B. Ownership of Development Site. The tract of land to be subdivided may be held in single and separate ownership or in multiple ownership. If held in multiple ownership, however, the site shall be developed according to a single plan with common authority and common responsibility.
C. Housing Density Determination. The maximum number of lots in the Conservation Subdivision shall be determined by either of the following two methods, at the discretion of the local jurisdiction:
(1) Calculation: The maximum number of lots is determined by dividing the area of the tract of land by the minimum lot size specified in the underlying zoning. In making this calculation, the following shall not be included in the total area of the parcel:
a. slopes over 25 percent of at least 5,000 square feet contiguous area;
b. the 100-year floodplain; c. bodies of open water over 5,000 square feet contiguous area; d. wetlands that meet the definition of the Army Corps of Engineers
pursuant to the Clean Water Act; or, e. anticipated right-of-way needs for roads and utilities.
(2) Yield Plan: The maximum number of lots is based on a conventional subdivision design plan, prepared by the applicant, in which the tract of land is subdivided in a manner intended to yield the highest number of lots possible. The plan does not have to meet formal requirements for a site design plan, but the design must be capable of being constructed given site features and all applicable regulations.
Section 3. Application Requirements
A. Site Analysis Map Required. Concurrent with the submission of a site concept plan, Applicant shall prepare and submit a site analysis map. The purpose of the site analysis map is to ensure that the important site features have been adequately identified
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prior to the creation of the site design, and that the proposed Open Space will meet the requirements of this article. The preliminary site plan shall included the following features:
(1) Property boundaries;
(2) All streams, rivers, lakes, wetlands and other hydrologic features;
(3) Topographic contours of no less than 10-foot intervals;
(4) All Primary and Secondary Conservation Areas labeled by type, as described in Section 4 of this Article;
(5) General vegetation characteristics;
(6) General soil types;
(7) The planned location of protected Open Space;
(8) Existing roads and structures; and,
(9) Potential connections with existing greenspace and trails.
B. Open Space Management Plan Required. An open space management plan, as described in Section 4, shall be prepared and submitted prior to the issuance of a land disturbance permit.
C. Instrument of Permanent Protection Required. An instrument of permanent protection, such as a conservation easement or permanent restrictive covenant and as described in Section 4, shall be placed on the Open Space concurrent with the issuance of a land disturbance permit.
D. Other Requirements. The Applicant shall adhere to all other applicable requirements of the underlying zoning and the [subdivision code].
Section 4. Open Space
A. Definition. Open Space is the portion of the conservation subdivision that has been set aside for permanent protection. Activities within the Open Space are restricted in perpetuity through the use of an approved legal instrument.
B. Standards to Determine Open Space.

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(1) The minimum restricted Open Space shall comprise at least 40% of the gross tract area.
(2) The following are considered Primary Conservation Areas and are required to be included within the Open Space, unless the Applicant demonstrates that this provision would constitute an unusual hardship and be counter to the purposes of this article:
a. The regulatory 100-year floodplain; b. Buffer zones of at least 75 ft width along all perennial and
intermittent streams; c. Slopes above 25 percent of at least 5,000 square feet contiguous
area; d. Wetlands that meet the definition used by the Army Corps of
Engineers pursuant to the Clean Water Act; e. Populations of endangered or threatened species, or habitat for
such species; and, f. Archaeological sites, cemeteries and burial grounds
(3) The following are considered Secondary Conservation Areas and should be included within the Open Space to the maximum extent feasible.
a. Important historic sites; b. Existing healthy, native forests of at least one acre contiguous area; c. Individual existing healthy trees greater than 8 inches caliper, as
measured from their outermost drip line; d. Other significant natural features and scenic viewsheds such as
ridge lines, peaks and rock outcroppings, particularly those that can be seen from public roads; e. Prime agricultural lands of at least five acres contiguous area; and, f. Existing trails that connect the tract to neighboring areas.
(4) Above-ground utility rights-of-way and small areas of impervious surface may be included within the protected Open Space but cannot be counted towards the 40 percent minimum area requirement (exception: historic structures and existing trails may be counted). Large areas of impervious surface shall be excluded from the Open Space.
(5) At least 75 percent of the Open Space shall be in a contiguous tract. The Open Space should adjoin any neighboring areas of Open Space, other protected areas, and non-protected natural areas that would be candidates for inclusion as part of a future area of protected Open Space.

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(6) The Open Space shall be directly accessible to the largest practicable number of lots within the subdivision. Non-adjoining lots shall be provided with safe, convenient access to the Open Space.
C. Permitted Uses of Open Space. Uses of Open Space may include the following:
(1) Conservation of natural, archeological or historical resources;
(2) Meadows, woodlands, wetlands, wildlife corridors, game preserves, or similar conservation-oriented areas;
(3) Walking or bicycle trails, provided they are constructed of porous paving materials;
(4) Passive recreation areas;
(5) Active recreation areas, provided that they are limited to no more than 10 percent of the total Open Space and are not located within Primary Conservation Areas. Active recreation areas may include impervious surfaces. Active recreation areas in excess of this limit must be located outside of the protected Open Space;
(6) Agriculture, horticulture, silviculture or pasture uses, provided that all applicable best management practices are used to minimize environmental impacts, and such activities are not conducted within Primary Conservation Areas;
(7) Nonstructural stormwater management practices;
(8) Easements for drainage, access, and underground utility lines; or
(9) Other conservation-oriented uses compatible with the purposes of this ordinance.
D. Prohibited uses of Open Space
(1) Golf courses;
(2) Roads, parking lots and impervious surfaces, except as specifically authorized in the previous sections;
(3) Agricultural and forestry activities not conducted according to accepted Best Management Practices; and,

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(4) Other activities as determined by the Applicant and recorded on the legal instrument providing for permanent protection.
E. Ownership and Management of Open Space.
(1) Ownership of Open Space. The applicant must identify the owner of the Open Space who is responsible for maintaining the Open Space and facilities located thereon. If a Homeowners Association is the owner, membership in the association shall be mandatory and automatic for all homeowners of the subdivision and their successors. If a Homeowners Association is the owner, the Homeowners' Association shall have lien authority to ensure the collection of dues from all members. The responsibility for maintaining the Open Space and any facilities located thereon shall be borne by the owner.
(2) Management Plan. Applicant shall submit a Plan for Management of Open Space and Common Facilities ("Plan") that:
a. allocates responsibility and guidelines for the maintenance and operation of the Open Space and any facilities located thereon, including provisions for ongoing maintenance and for long-term capital improvements;
b. estimates the costs and staffing requirements needed for maintenance and operation of, and insurance for, the Open Space and outlines the means by which such funding will be obtained or provided;
c. provides that any changes to the Plan be approved by the Board of Commissioners; and,
d. provides for enforcement of the Plan.
(3) In the event the party responsible for maintenance of the Open Space fails to maintain all or any portion in reasonable order and condition, [the jurisdiction] may assume responsibility for its maintenance and may enter the premises and take corrective action, including the provision of extended maintenance. The costs of such maintenance may be charged to the owner, Homeowner's Association, or to the individual property owners that make up the Homeowner's Association, and may include administrative costs and penalties. Such costs shall become a lien on all subdivision properties.

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F. Legal Instrument for Permanent Protection.
(1) The Open Space shall be protected in perpetuity by a binding legal instrument that is recorded with the deed. The instrument shall be one of the following:
a. A permanent conservation easement in favor of either: (i) a land trust or similar conservation-oriented non-profit organization with legal authority to accept such easements. The organization shall be bona fide and in perpetual existence and the conveyance instruments shall contain an appropriate provision for retransfer in the event the organization becomes unable to carry out its functions; or (ii) a governmental entity with an interest in pursuing goals compatible with the purposes of this ordinance. If the entity accepting the easement is not [the jurisdiction], then a third right of enforcement favoring [the jurisdiction] shall be included in the easement;
b. A permanent restrictive covenant for conservation purposes in favor of a governmental entity; or,
c. An equivalent legal tool that provides permanent protection, if approved by [the jurisdiction].
(2) The instrument for permanent protection shall include clear restrictions on the use of the Open Space. These restrictions shall include all restrictions contained in this article, as well as any further restrictions the Applicant chooses to place on the use of the Open Space.

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District Model Illicit Discharge and Illegal Connection Ordinance

Adopted 10/3/02

MODEL ILLICIT DISCHARGE AND ILLEGAL CONNECTION ORDINANCE
Description:
An illicit discharge is defined as any discharge to a municipal or county separate storm sewer system (stormwater drainage system) that is not composed entirely of stormwater runoff (except for discharges allowed under an NPDES permit or non-polluting flows). These non-stormwater discharges occur due to illegal dumping or illegal connections to the stormwater drainage system. This model ordinance provides communities with the authority to deal with illicit discharges and establishes enforcement actions for those persons or entities found to be in noncompliance or that refuse to allow access to their facilities.
Table of Contents
Introduction Section 1. General Provisions Section 2. Definitions Section 3. Prohibitions Section 4. Industrial or Construction Activity Discharges Section 5. Access and Inspection of Properties and Facilties Section 6. Notification of Accidental Discharges and Spills Section 7. Violations, Enforcement and Penalties
Note: Italicized text with this symbol should be interpreted as comments,
instructions, or information to assist the local government in tailoring the
ordinance. This text would not appear in a final adopted ordinance.

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Introduction
It is hereby determined that: Discharges to the (municipal/county) separate storm sewer system that are not composed entirely of stormwater runoff contribute to increased nonpoint source pollution and degradation of receiving waters;
These non-stormwater discharges occur due to spills, dumping and improper connections to the (municipal/county) separate storm sewer system from residential, industrial, commercial or institutional establishments.
These non-stormwater discharges not only impact waterways individually, but geographically dispersed, small volume non-stormwater discharges can have cumulative impacts on receiving waters.
The impacts of these discharges adversely affect public health and safety, drinking water supplies, recreation, fish and other aquatic life, property values and other uses of lands and waters;
These impacts can be minimized through the regulation of spills, dumping and discharges into the (municipal/county) separate storm sewer system;
Localities in the State of Georgia are required to comply with a number of State and Federal laws, regulations and permits which require a locality to address the impacts of stormwater runoff quality and nonpoint source pollution due to improper non-stormwater discharges to the (municipal/county) separate storm sewer system;
Therefore, the (local enforcement authority) adopts this ordinance to prohibit such nonstormwater discharges to the (municipal/county) separate storm sewer system. It is determined that the regulation of spills, improper dumping and discharges to the (municipal/county) separate storm sewer system is in the public interest and will prevent threats to public health and safety, and the environment.
Section 1. General Provisions
1.1. Purpose and Intent The purpose of this ordinance is to protect the public health, safety, environment and general welfare through the regulation of non-stormwater discharges to the (municipal/county) separate storm sewer system to the maximum extent practicable as required by Federal law. This ordinance establishes methods for controlling the introduction of pollutants into the (municipal/county) separate storm sewer system in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this ordinance are to:
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District Model Illicit Discharge and Illegal Connection Ordinance

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(1) Regulate the contribution of pollutants to the (municipal/county) separate storm sewer system by any person;
(2) Prohibit illicit discharges and illegal connections to the (municipal/county) separate storm sewer system;
(3) Prevent non-stormwater discharges, generated as a result of spills, inappropriate dumping or disposal, to the (municipal/county) separate storm sewer system; and,
(4) To establish legal authority to carry out all inspection, surveillance, monitoring and enforcement procedures necessary to ensure compliance with this ordinance
1.2. Applicability The provisions of this ordinance shall apply throughout the (corporate/other) area of (local government).
1.3. Compatibility with Other Regulations This ordinance is not intended to modify or repeal any other ordinance, rule, regulation, other provision of law. The requirements of this ordinance are in addition to the requirements of any other ordinance, rule, regulation, or other provision of law, and where any provision of this ordinance imposes restrictions different from those imposed by any other ordinance, rule, regulation, or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control.
1.4. Severability If the provisions of any section, subsection, paragraph, subdivision or clause of this ordinance shall be adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision or clause of this ordinance.
1.5. Responsibility for Administration The (local enforcement authority) shall administer, implement, and enforce the provisions of this ordinance.
The local government may wish to explicitly designate the head of the local
enforcement authority or his/her designee here to administer this ordinance.
Section 2. Definitions
"Accidental Discharge" means a discharge prohibited by this ordinance which occurs by chance and without planning or thought prior to occurrence.
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"Clean Water Act" means the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), and any subsequent amendments thereto. "Construction Activity" means activities subject to the Georgia Erosion and Sedimentation Control Act or NPDES General Construction Permits. These include construction projects resulting in land disturbance. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition. "Illicit Discharge" means any direct or indirect non-stormwater discharge to the (municipal/county) separate storm sewer system, except as exempted in Section 3 of this ordinance. "Illegal Connection" means either of the following:
a) Any pipe, open channel, drain or conveyance, whether on the surface or subsurface, which allows an illicit discharge to enter the storm drain system including but not limited to any conveyances which allow any non-stormwater discharge including sewage, process wastewater, and wash water to enter the storm drain system, regardless of whether such pipe, open channel, drain or conveyance has been previously allowed, permitted, or approved by an authorized enforcement agency; or b) Any pipe, open channel, drain or conveyance connected to the (municipal/county) separate storm sewer system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency. "Industrial Activity" means activities subject to NPDES Industrial Permits as defined in 40 CFR, Section 122.26 (b)(14). "National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit" means a permit issued by the Georgia EPD under authority delegated pursuant to 33 USC 1342(b) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general areawide basis. "(Municipal/County) Separate Storm Sewer System" means any facility designed or used for collecting and/or conveying stormwater, including but not limited to any roads with drainage systems, highways, (municipal/county) streets, curbs, gutters, inlets, catch basins, piped storm drains, pumping facilities, structural stormwater controls, ditches, swales, natural and man-made or altered drainage channels, reservoirs, and other drainage structures, and which is: a) Owned or maintained by the (jurisdiction); b) Not a combined sewer; and c) Not part of a publicly-owned treatment works. "Non-Stormwater Discharge" means any discharge to the storm drain system that is not composed entirely of stormwater. "Person" means, except to the extent exempted from this ordinance, any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, city, county or other political subdivision of the State, any interstate body or any other legal entity. "Pollutant" means anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; petroleum hydrocarbons; automotive fluids; cooking grease; detergents (biodegradable or otherwise); degreasers; cleaning chemicals; non-hazardous liquid and solid wastes and yard wastes; refuse,
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rubbish, garbage, litter, or other discarded or abandoned objects and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; liquid and solid wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; concrete and cement; and noxious or offensive matter of any kind. "Pollution" means the contamination or other alteration of any water's physical, chemical or biological properties by the addition of any constituent and includes but is not limited to, a change in temperature, taste, color, turbidity, or odor of such waters, or the discharge of any liquid, gaseous, solid, radioactive, or other substance into any such waters as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety, welfare, or environment, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life. "Premises" mean any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips. "State Waters" means any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, and other bodies of surface and subsurface water, natural or artificial, lying within or forming a part of the boundaries of the State of Georgia which are not entirely confined and retained completely upon the property of a single person. "Stormwater Runoff" or "Stormwater" means any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation. "Structural Stormwater Control" means a structural stormwater management facility or device that controls stormwater runoff and changes the characteristics of that runoff including, but not limited to, the quantity and quality, the period of release or the velocity of flow.
Section 3. Prohibitions
3.1 Prohibition of Illicit Discharges No person shall throw, drain, or otherwise discharge, cause, or allow others under its control to throw, drain, or otherwise discharge into the (municipal/county) separate storm sewer system any pollutants or waters containing any pollutants, other than stormwater.
The following discharges are exempt from the prohibition provision above:
(1) Water line flushing performed by a government agency, other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, natural riparian habitat or wetland flows, and any other water source not containing pollutants;
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(2) Discharges or flows from fire fighting, and other discharges specified in writing by the (local enforcement authority) as being necessary to protect public health and safety;
The local government may evaluate and remove either of the above exemptions if it
is determined that they are causing adverse impacts.
(3) The prohibition provision above shall not apply to any non-stormwater discharge permitted under an NPDES permit or order issued to the discharger and administered under the authority of the State and the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the (municipal/county) separate storm sewer system.
3.2 Prohibition of Illegal Connections The construction, connection, use, maintenance or continued existence of any illegal connection to the (municipal/county) separate storm sewer system is prohibited.
(1) This prohibition expressly includes, without limitation, illegal connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
(2) A person violates this ordinance if the person connects a line conveying sewage to the (municipal/county) separate storm sewer system, or allows such a connection to continue.
(3) Improper connections in violation of this ordinance must be disconnected and redirected, if necessary, to an approved onsite wastewater management system or the sanitary sewer system upon approval of the (sanitary sewer department/agency).
(4) Any drain or conveyance that has not been documented in plans, maps or equivalent, and which may be connected to the storm sewer system, shall be located by the owner or occupant of that property upon receipt of written notice of violation from the (local enforcement authority) requiring that such locating be completed. Such notice will specify a reasonable time period within which the location of the drain or conveyance is to be completed, that the drain or conveyance be identified as storm sewer, sanitary sewer or other, and that the outfall location or point of connection to the storm sewer system, sanitary sewer system or other discharge point be identified. Results of these investigations are to be documented and provided to the (local enforcement authority).

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Section 4. Industrial or Construction Activity Discharges
Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the (local enforcement authority) prior to allowing discharges to the (municipal/county) separate storm sewer system.
Section 5. Access and Inspection of Properties and Facilties
The (local enforcement authority) shall be permitted to enter and inspect properties and facilities at reasonable times as often as may be necessary to determine compliance with this ordinance.
(1) If a property or facility has security measures in force which require proper identification and clearance before entry into its premises, the owner or operator shall make the necessary arrangements to allow access to representatives of the (local enforcement authority).
(2) The owner or operator shall allow the (local enforcement authority) ready access to all parts of the premises for the purposes of inspection, sampling, photography, videotaping, examination and copying of any records that are required under the conditions of an NPDES permit to discharge stormwater.
(3) The (local enforcement authority) shall have the right to set up on any property or facility such devices as are necessary in the opinion of the (local enforcement authority) to conduct monitoring and/or sampling of flow discharges.
(4) The (local enforcement authority) may require the owner or operator to install monitoring equipment and perform monitoring as necessary, and make the monitoring data available to the (local enforcement authority). This sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the owner or operator at his/her own expense. All devices used to measure flow and quality shall be calibrated to ensure their accuracy.
(5) Any temporary or permanent obstruction to safe and easy access to the property or facility to be inspected and/or sampled shall be promptly removed by the owner or operator at the written or oral request of the (local enforcement authority) and shall not be replaced. The costs of clearing such access shall be borne by the owner or operator.
(6) Unreasonable delays in allowing the (local enforcement authority) access to a facility is a violation of this ordinance.

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(7) If the (local enforcement authority) has been refused access to any part of the premises from which stormwater is discharged, and the (local enforcement authority) is able to demonstrate probable cause to believe that there may be a violation of this ordinance, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this ordinance or any order issued hereunder, or to protect the overall public health, safety, environment and welfare of the community, then the (local enforcement authority) may seek issuance of a search warrant from any court of competent jurisdiction.
Section 6. Notification of Accidental Discharges and Spills
Notwithstanding other requirements of law, as soon as any person responsible for a facility, activity or operation, or responsible for emergency response for a facility, activity or operation has information of any known or suspected release of pollutants or non-stormwater discharges from that facility or operation which are resulting or may result in illicit discharges or pollutants discharging into stormwater, the (municipal/county) separate storm sewer system, State Waters, or Waters of the U.S., said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release so as to minimize the effects of the discharge. .
Said person shall notify the authorized enforcement agency in person or by phone, facsimile or in person no later than 24 hours of the nature, quantity and time of occurrence of the discharge. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the (local enforcement authority) within three business days of the phone or in person notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years. Said person shall also take immediate steps to ensure no recurrence of the discharge or spill.
In the event of such a release of hazardous materials, emergency response agencies and/or other appropriate agencies shall be immediately notified.
Failure to provide notification of a release as provided above is a violation of this ordinance.
Section 7. Violations, Enforcement and Penalties
7.1. Violations It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Ordinance. Any person who has violated or continues to violate the provisions of this ordinance, may be subject to the enforcement actions outlined in
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this section or may be restrained by injunction or otherwise abated in a manner provided by law.
In the event the violation constitutes an immediate danger to public health or public safety, the (local enforcement authority) is authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation and/or restore the property. The (local enforcement authority) is authorized to seek costs of the abatement as outlined in Section 7.5.
7.2. Notice of Violation Whenever the (local enforcement authority) finds that a violation of this ordinance has occurred, the (local enforcement authority) may order compliance by written notice of violation.
A. The notice of violation shall contain:
(1) The name and address of the alleged violator;
(2) The address when available or a description of the building, structure or land upon which the violation is occurring, or has occurred;
(3) A statement specifying the nature of the violation;
(4) A description of the remedial measures necessary to restore compliance with this ordinance and a time schedule for the completion of such remedial action;
(5) A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed; and,
(6) A statement that the determination of violation may be appealed to the (local enforcement authority) by filing a written notice of appeal within thirty (30) days of service of notice of violation.
B. Such notice may require without limitation:
(1) The performance of monitoring, analyses, and reporting;
(2) The elimination of illicit discharges and illegal connections;
(3) That violating discharges, practices, or operations shall cease and desist;
(4) The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;

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District Model Illicit Discharge and Illegal Connection Ordinance

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(5) Payment of costs to cover administrative and abatement costs; and,
(6) The implementation of pollution prevention practices.
7.3. Appeal of Notice of Violation Any person receiving a Notice of Violation may appeal the determination of the(local enforcement authority). The notice of appeal must be received within thirty (30) days from the date of the Notice of Violation. Hearing on the appeal before the (local enforcement authority, or other appropriate authority) or his/her designee shall take place within 15 days from the date of receipt of the notice of appeal. The decision of the appropriate authority or their designee shall be final.
7.4. Enforcement Measures After Appeal If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, or , in the event of an appeal, within _____ days of the decision of the appropriate authority upholding the decision of the (local enforcement authority), then representatives of the (local enforcement authority) may enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above.
7.5 Costs of Abatement of the Violation Within _____ days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the assessment or to the amount of the assessment within _____ days of such notice. If the amount due is not paid within thirty (30) days after receipt of the notice, or if an appeal is taken, within thirty (30) days after a decision on said appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment.
Any person violating any of the provisions of this article shall become liable to the (jurisdiction) by reason of such violation.
7.6 Civil Penalties - In the event the alleged violator fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within ten days, or such greater period as the (local permitting authority) shall deem appropriate, after the (local permitting authority) has taken one or more of the actions described above, the (local permitting authority) may impose a penalty not to exceed $1,000 (depending on the severity of the violation) for each day the violation remains unremedied after receipt of the notice of violation.
7.7 Criminal Penalties - For intentional and flagrant violations of this ordinance, the (local permitting authority) may issue a citation to the alleged violator requiring such person to appear in (appropriate municipal, magistrate or recorders) court to answer
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District Model Illicit Discharge and Illegal Connection Ordinance

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charges for such violation. Upon conviction, such person shall be punished by a fine not to exceed $1,000 or imprisonment for 60 days or both. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense.
7.8 Violations Deemed a Public Nuisance In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this ordinance is a threat to public health, safety, welfare, and environment and is declared and deemed a nuisance, and may be abated by injunctive or other equitable relief as provided by law.
7.9 Remedies Not Exclusive The remedies listed in this ordinance are not exclusive of any other remedies available under any applicable Federal, State or local law and the (local enforcement authority) may seek cumulative remedies.
The (local enforcement authority) may recover attorney's fees, court costs, and other expenses associated with enforcement of this ordinance, including sampling and monitoring expenses.

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District Model Litter Control Ordinance

Adopted 10/3/02

MODEL LITTER CONTROL ORDINANCE
Description:
Litter found throughout our community often finds its way into our streams, rivers and lakes and detracts from our quality of life. Pollutants carried into our streams, rivers, and lakes by litter, diminish the quality of our water and its aquatic resources. Litter control ordinances provide a prohibition against littering and provide an enforcement mechanism with penalties for dealing with those found littering.
This ordinance is modeled on the "Georgia Litter Control Law" (O.C.G.A. 16-7-40 et. seq.) and adoption of this ordinance is authorized by O.C.G.A. 16-7-48.
Table of Contents
Section 1. General Provisions Section 2. Definitions Section 3. Prohibition Against Littering Public or Private Property or Waters Section 4. Vehicle Loads Causing Litter Section 5. Violations, Enforcement and Penalties
Note: Italicized text with this symbol should be interpreted as comments,
instructions, or information to assist the local government in tailoring the
ordinance. This text would not appear in a final adopted ordinance.

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District Model Litter Control Ordinance

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Section 1. General Provisions
1.1. Purpose and Intent The purpose of this ordinance is to protect the public health, safety, environment, and general welfare through the regulation and prevention of litter. The objectives of this ordinance are:
(1) Provide for uniform prohibition throughout the (jurisdiction) of any and all littering on public or private property; and,
(2) Prevent the desecration of the beauty and quality of life of the (jurisdiction) and prevent harm to the public health, safety, environment, and general welfare, including the degradation of water and aquatic resources caused by litter.
1.2. Applicability This ordinance shall apply to all public and private property within the (jurisdiction).
1.3. Compatibility with Other Regulations This ordinance is not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, stature, or other provision of law. The requirements of this ordinance should be considered minimum requirements, and where any provision of this ordinance imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall be considered to take precedence.
1.4. Severability If the provisions of any article, section, subsection, paragraph, subdivision or clause of this ordinance shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of this ordinance.
Section 2. Definitions
"Litter" means any organic or inorganic waste material, rubbish, refuse, garbage, trash, hulls, peelings, debris, grass, weeds, ashes, sand, gravel, slag, brickbats, metal, plastic, and glass containers, broken glass, dead animals or intentionally or unintentionally discarded materials of every kind and description which are not "waste" as such term is defined in O.C.G.A., 16-7-51, paragraph 6. "Public or private property" means the right of way of any road or highway; any body of water or watercourse or the shores or beaches thereof; any park, playground, building, refuge, or conservation or recreation area; timberlands or forests; and residential, commercial, industrial, or farm properties.

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District Model Litter Control Ordinance

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Section 3. Prohibition Against Littering Public or Private Property or Waters
It shall be unlawful for any person or persons to dump, deposit, throw or leave or to cause or permit the dumping, depositing, placing, throwing or leaving of litter on any public or private property in this (jurisdiction) or any waters in this (jurisdiction) unless:
(1) The property is designated by the State or by any of its agencies or political subdivisions for the disposal of such litter, and such person is authorized by the proper public authority to use such property;
(2) The litter is placed into a receptacle or container installed on such property; or,
(3) The person is the owner or tenant in lawful possession of such property, or has first obtained consent of the owner or tenant in lawful possession, or unless the act is done under the personal direction of the owner or tenant, all in a manner consistent with the public welfare.
Section 4. Vehicle Loads Causing Litter
No person shall operate any motor vehicle with a load on or in such vehicle unless the load on or in such vehicle is adequately secured to prevent the dropping or shifting of materials from such load onto the roadway.
Section 4 adapted from O.C.G.A. 40-6-254.
Section 5. Violations, Enforcement and Penalties
5.1 Violations It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this ordinance. Any person who has violated or continues to violate the provisions of this ordinance, may be subject to the enforcement actions outlined in this section or may be restrained by injunction or otherwise sentenced in a manner provided by law.
5.2 Evidence (1) Whenever litter is thrown, deposited, dropped or dumped from any motor vehicle,
boat, airplane, or other conveyance in violation of this ordinance, it shall be prima facie evidence that the operator of the conveyance has violated this ordinance.

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District Model Litter Control Ordinance

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(2) Except as provided in subsection (1), whenever any litter which is dumped, deposited, thrown or left on public or private property in violation of this ordinance is discovered to contain any article or articles, including but not limited to letters, bills, publications or other writing which display the name of the person thereon in such a manner as to indicate that the article belongs or belonged to such person, it shall be a rebuttable presumption that such person has violated this ordinance.
5.3 Penalties Any person who violates this ordinance shall be guilty of a violation and, upon conviction thereof, shall be punished as follows:
(1) By a fine of not less than $200 and not more than $1,200; and
(2) In addition to the fine set out in subsection 1 above, the violator shall reimburse the (jurisdiction) for the reasonable cost of removing the litter when the litter is or is ordered removed by the (jurisdiction); and
(3) (A) In the sound discretion of the court, the person may be directed to pick up and remove from any public street or highway or public right-of way for a distance not to exceed one mile any litter he has deposited and any and all litter deposited thereon by anyone else prior to the date of execution of sentence; or
(B) In the sound discretion of the court, the person may be directed to pick up and remove any and all litter from any public property, private right-of-way, or with prior permission of the legal owner or tenant in lawful possession of such property, any private property upon which it can be established by competent evidence that he has deposited litter. Pick up and removal shall include any and all litter deposited thereon by anyone prior to the date of execution of sentence; and,
(4) The court may publish the names of persons convicted of violating this ordinance.
5.4 Enforcement All law enforcement agencies, officers and officials of this state or any political subdivision thereof, or any enforcement agency, officer or any official of any commission of this state or any political subdivision thereof, are hereby authorized, empowered and directed to enforce compliance with this article.
Official Code of Georgia 16-7-43(d) provides procedures for local governments to
appoint individuals, in addition to traditional law enforcement officials, to enforce the provisions of this ordinance. The District encourages the use of this procedure to appoint individuals involved in public works, code enforcement (including local environmental code enforcement officers) or building inspection to carry out this important function.
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