Div. 12.2. - Defined Terms

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Abutting. To share a common border with.

Access improvement. Any improvement or facility that is planned and designed to provide service or access for a particular project and which is necessary for the use and convenience of the occupants or users of the project and is not a system improvement. A project access improvement includes but is not limited to: pedestrian access improvements; site driveways; new streets; median cuts; right turn lanes, left turn lanes, acceleration lanes, and deceleration lanes made necessary to serve site driveways or new streets leading to or from the project; traffic control measures made necessary to serve site driveways or new streets; intersection improvements whose primary purpose at the time of construction is to provide access to the project; and, necessary right-of-way dedications required for any project access improvement.

Accessory structure. A structure on the same property as the principal structure and the use of which is incidental to the use of the primary structure.

Accidental discharge. Discharge prohibited by this chapter that occurs by chance and without planning or thought prior to occurrence.

Addition. Any walled and roofed expansion to the perimeter or height of a building.

Adjoining. To share a common border with.

Alley. A minor public or private accessway used primarily for vehicular service access to the back or the side for properties otherwise abutting on a street.

Appeal. See Sec. 11.6.3.

Area Median Income (AMI). The amount that divides the income distribution of an area into two equal groups, half having income above that amount, and half having income below that amount. The US Department of Housing and Urban Development (HUD) establishes area median income every fiscal year.

Area of future-conditions flood hazard. The land area that would be inundated by the one-percent-annual-chance flood based on future-conditions hydrology (100-year future-conditions flood).

Area of shallow flooding. A designated AO or AH zone on a community's flood insurance rate map (FIRM) with a one percent or greater chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Area of special flood hazard. The land area subject to a one percent or greater chance of flooding in any given year. This includes all floodplain and flood prone areas at or below the base flood elevation designated as zones A, A1-30, A-99, AE, AO, AH, and AR on a community's flood insurance rate map (FIRM).

Arterial. A principal arterial, major arterial, or minor arterial street as defined and designated in the City's Transportation Master Plan.

As-built survey or plan. A sealed survey or other drawing based on a field survey that shows existing features or components and horizontal or vertical information (grades or location of improvements).

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Barrel. A volume of alcoholic beverage that does not exceed 31 gallons.

Base flood. The flood having a one percent chance of being equaled or exceeded in any given year, e.g., the 100-year flood.

Base flood elevation. The highest water surface elevation anticipated at any given location during the base flood.

Basement. For the purposes of Article 9, any area of a building having its floor subgrade (below ground level) on all sides.

Best management practices (BMPs). Sound conservation and engineering practices to prevent and minimize erosion and resultant sedimentation, which are consistent with, and no less stringent than, those practices contained in the "Manual for Erosion and Sediment Control in Georgia" published by the commission as of January 1 of the year in which the land-disturbing activity was permitted.

Bike path. A path that serves to separate bike riders from vehicle and pedestrian traffic. Bike paths may meander through wooded areas, traverse the edge of open areas, and may (in many instances) parallel existing roadways or walks.

Blank wall. See Sec. 6.1.4.B.

Block. A piece or parcel, or several parcels of land comprising an area entirely surrounded by public streets, other than alleys.

Brewery/distillery/winery. An industrial facility where malt beverages, wine, or distilled spirits are produced (in spaces in excess of the micro-producer limits) on the premises and then sold or distributed for off premises consumption in compliance with state law and Department of Revenue licensing requirements.

Brewpub. A restaurant in which malt beverages are manufactured or brewed, subject to the barrel production limitation prescribed in O.C.G.A. § 3-5-36.

Buffer. A natural undisturbed portion of a lot, except for approved access and utility crossings, that is set aside to achieve a visual barrier between the use on the lot and adjacent lots or uses. See also State waters buffer.

Buildable area. The area of a lot within a given zoning district located outside the minimum required setbacks.

Building. A type of structure intended for occupancy and enclosed by exterior walls on at least three sides and a roof. Several buildings otherwise independent but connected by a breezeway or other partially unenclosed structure are consider a single building for the purposes of this Code. Buildings include, as examples, dwellings, garden sheds, detached garages. For the purposes of Article 9, the term building has the same meaning as structure.

Building setback. The required minimum distance a building must be set back from a lot line.

Build-To Zone. See Sec. 6.1.2.C.

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Cabana. A small building for use as a changing room, accessory to a hot tub or swimming pool.

Caliper. The trunk diameter measurement of nursery stock trees measured at 6 inches above the ground for trees with a trunk diameter up to 4 inches and measured at 12 inches above the ground for trees with a trunk diameter of greater than 4 inches.

Canopy mitigation. Any tree used to meet the minimum canopy requirement or mitigation for landmark trees. Trees used for canopy mitigation must be a minimum of 2.5 inches in diameter.

Canopy requirement. The percentage of tree canopy coverage as set forth in the canopy requirement table contained in Sec. 9.3.2. The canopy percentage on any property is the square footage of the total existing tree canopy on a property, divided by the total square footage of the property.

Certified arborist. An arborist certified by the International Society of Arboriculture as possessing the minimum level of competency required to practice arboriculture.

Certified personnel. For the purposes of Div. 9.7 a person who has successfully completed the appropriate certification course approved by the Georgia Soil and Water Conservation Commission.

Channel. A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.

City Arborist. The individual authorized by the Director to administer and enforce the requirements and standards of Div. 9.3.

City separate storm sewer system. Any facility designed or used for collecting and/or conveying stormwater, including but not limited to any roads with drainage systems, highways, City streets, curbs, gutters, inlets, catchbasins, piped storm drains, pumping facilities, structural stormwater controls, ditches, swales, natural and manmade or altered drainage channels, reservoirs, and other drainage structures, and which is: (1) Owned or maintained by the City; (2) Not a combined sewer; and (3) Not part of a publicly owned treatment works.

Clean Water Act. The Federal Water Pollution Control Act (33 USC section 1251 et seq.), and any subsequent amendments thereto.

Collector. A through street having the primary function of connecting subdivisions or other areas to arterial streets or other major thoroughfares, or functioning as a central route within a subdivision channeling traffic from the local streets to an abutting major thoroughfare or another collector street. For the purposes of this Development Code, a central but non-through route within a subdivision or other project will be considered as a collector if the average daily traffic generated by the development on the route will exceed 4,000 trips.

Commission. For the purposes of Div. 9.7 the Georgia Soil and Water Conservation Commission (GSWCC).

Conceptual plan. A drawing that shows the overall concept of a proposed development, which may include lots and streets in a subdivision or the general location of buildings and improvements for a multifamily or nonresidential project. As it relates to the platting process a conceptual plan shall include a scaled drawing in sufficient detail to indicate its workability and feasibility, but is not in final form for recording. The conceptual plan is the first stage in securing a land disturbance permit. See also Preliminary Plat.

Connection, Illegal. Either of the following:

1.

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

2.

Any pipe, open channel, drain or conveyance connected to the city separate storm sewer system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.

Conservation easement. An agreement between a landowner and the City 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.

Construction activity. Activities subject to the Georgia Erosion and Sedimentation Control Act of 1975 (O.C.G.A. § 12-7-1 et seq.) 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.

Cut. A portion of land surface or area from which earth has been removed or will be removed by excavation; the depth below original ground surface to the excavated surface.

Comprehensive Plan. The adopted City of Sandy Springs Comprehensive Plan.

Construction, existing. For the purposes of Div. 9.5, any structure for which the start of construction commenced before July 5, 2006.

Cottage court. See Div. 6.3.

County. Fulton County, Georgia.

Critical root zone. The minimum rooting volume of a tree necessary to sustain the tree's life, generally defined as a circle on the ground corresponding to the tree's drip line or 1.25 feet for every inch DBH, whichever is greater. The critical root zone depth is 3 feet.

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Damage , substantial. For the purposes of Div. 9.5, 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. This term also includes repetitive loss.

Department. The Community Development Department of the City of Sandy Springs.

Design professional. A professional licensed by the State of Georgia in the field of: engineering, architecture, landscape architecture, forestry, geology, or land surveying; or a person that is a certified professional in erosion and sediment control (CPESC) with a current certification by EnviroCert, Inc. Design professionals shall practice in a manner that complies with applicable Georgia law governing professional licensure.

Detention. The temporary storage of stormwater runoff in a stormwater management facility for the purpose of controlling the peak discharge.

Detention, Extended. The detention of stormwater runoff for an extended period, typically 24 hours or greater.

Detention facility. A detention basin or structure designed for the detention of stormwater runoff and gradual release of stored water at controlled rates.

Developer. A person who undertakes land development activities.

Development. Any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, clearing, grubbing, grading, paving, and any other installation of impervious cover, excavation or drilling operations or storage of equipment or materials.

Development, new. A land development activity on a previously undeveloped site.

Development, single-family residential. For the purposes of Div. 9.6, development or redevelopment of a lot containing a single one- or two-family dwelling or accessory structures.

Development, stand-alone residential. For the purposes of Div. 9.6, development or redevelopment of a single-family dwelling and associated accessory structures on an individual parcel where proposed disturbance is less than one acre and not part of a larger common development for which an active NPDES general permit is in place.

Development agreement. A written contract between the City and a property owner or developer, that specifies the system improvements to be provided by the developer for a specific project.

Development of Regional Impact (DRI) Study. A review by the Atlanta Regional Commission and the Georgia Regional Transportation Authority of large scale projects that are of sufficient size that they are likely to create impacts beyond the jurisdiction in which each project will be located.

Development plan. The detailed and professional plan showing the layout and design, site work and construction activities proposed for a project (other than architectural building plans) and including the preliminary plat or site plan (as applicable), grading plan, tree preservation/replacement plan, erosion and sediment control plan, buffer and landscape plan, and construction drawings for streets, stormwater drainage facilities, sanitary sewers, water supply facilities, and other site improvements.

Development Site. See Sec. 6.1.1.

Diameter at breast height (DBH). The diameter of a tree's trunk measured at 4.5 feet above the ground. For multi-trunk trees, the diameter is measured at the narrowest point beneath the point of attachment of the multiple trunks.

Director. The Director of the Community Development Department.

Discharge, accidental. A discharge prohibited by this chapter that occurs by chance and without planning or thought prior to occurrence.

Discharge, illicit. Any direct or indirect nonstormwater discharge to the City separate storm sewer system, except as exempted in Div. 9.8.

Discharge, non-stormwater. Any discharge to the storm drain system that is not composed entirely of stormwater.

District. For the purposes of Article 9, the Region 3 Soil and Water Conservation District.

Drainage easement. 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.

Drainage structure. A device composed of a virtually non-erodible material such as concrete, steel, plastic or other such material that conveys water from one place to another by intercepting the flow and carrying it to a release point for stormwater management, drainage control, or flood control purposes.

Drainage structure, roadway. A device such as a bridge, culvert, or ditch, composed of a virtually nonerodible material such as concrete, steel, plastic, or other such material that conveys water under a roadway by intercepting the flow on one side of a traveled roadway consisting of one or more defined lanes, with or without shoulder areas, and carrying water to a release point on the other side.

Driveway. A vehicular access way in private ownership, other than a private street, providing access primarily to only one property or project, or to no more than 3 single-unit detached residences.

Dwelling/Dwelling Unit. One (1) or more rooms of a building constructed with cooking, sleeping and sanitary facilities designed for and limited to use as living quarters for one (1) housekeeping unit for periods of more than thirty (30) consecutive days.

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Easement. Recorded authorization by a property owner of a designated area of real property to another entity for a specified purpose or use.

Ecological compatibility. The suitability and functionality of a given tree species for its growing site based on its potential size, slope, exposure, soil, and drainage preferences; growth and structural characteristics; and use in the landscape.

Elevated building. A non-basement building which has its lowest elevated floor raised above the ground level by foundation walls, shear walls, posts, piers, pilings, or columns.

Elevation, ground . The original elevation of the ground surface prior to grading, cutting or filling.

Erosion and sedimentation control plan. A plan that is designed to minimize the accelerated erosion and sediment runoff at a site during land disturbance activities.

Erosion, sedimentation and pollution control plan. A plan required by the Georgia Erosion and Sedimentation Act, that includes, as a minimum, protections at least as stringent as the state general permit, best management practices, and requirements in the Development Code of Sandy Springs and amendments to the manual approved by the Georgia Soil and Water Conservation Commission, as specified in O.C.G.A. § 12-7-6, adopted herein and commonly referred to as the "Green Book."

Excavation. Any man-made cavity or depression in the earth's surface, including its sides, walls, or faces, formed by earth removal and producing unsupported earth conditions as results of the excavation. If installed forms or similar structures reduce the depth to width relationship, an excavation may become a trench.

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Fill. A portion of land surface to which soil or other solid material has been added; the depth above the original ground surface or an excavation.

Finished grade. The final elevation and contour of the ground after cutting or filling and conforming to the proposed design.

Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of surface water volumes too great to be confined within the banks or walls of a conveyance or stream (2) The unusual and rapid accumulation or runoff of surface waters from any source.

Flood elevation, future-conditions. The highest water surface elevation anticipated at any given location during the future-conditions flood.

Flood, future-conditions. The flood having a one percent chance of being equaled or exceeded in any given year based on future-conditions hydrology. Also known as the 100-year future-conditions flood.

Flood insurance rate map or FIRM. An official map of a community, issued by FEMA, delineating the areas of special flood hazard and/or risk premium zones applicable to the community.

Flood insurance study or FIS. The official report by FEMA providing an examination, evaluation and determination of flood hazards and corresponding flood profiles and water surface elevations of the base flood.

Flood protection, extreme. Measures taken to prevent adverse impacts from large low-frequency storm events with a return frequency of 100 years or more.

Floodplain or floodprone. 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 on the current land use plan, i.e., the regulatory flood.

Floodplain, Future-conditions. Any land area susceptible to flooding by the future-conditions flood.

Floodproofing. Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduces or eliminates flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Floodway or regulatory floodway. The channel of a stream, river, or other watercourse and the adjacent areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

Floodway boundaries. The width of a floodway is determined from the FIS or FEMA-approved flood study. For all streams with a drainage area of 100 acres or greater, the regulatory floodway is provided by the City. If floodway data is not available from the City, then it is determined by a licensed professional engineer using a method approved by FEMA and the City.

Floor Area or Gross Floor Area. The sum of all floors of a structure as measured to the outside surfaces of exterior walls. Gross floor area is used to determine required parking when floor area is the designated measure for a use.

Floor Area, Heated. The sum of all heated areas of a dwelling or dwelling unit, as appropriate, measured to the inside surfaces of exterior walls, excluding porches, balconies, attics, basements (finished or unfinished), garages, patios and decks.

Freeboard. The distance between the 100-year base flood elevation and the top of a stormwater detention structure.

Front wall plane. The building facade facing the primary street right-of-way. If the facade is articulated, the front wall plane is the wall of a conditioned space closest to the right-of-way.

Frontage. Additional standards that apply to a zoning district, as illustrated on the Official Zoning Map.

Fully enclosed. Located within an enclosed structure. May or may not included conditioned space.

Functionally dependent use. A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

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Gazebo. A roofed structure open on all sides (may include screening or lattice-work). Often includes seating.

Grading. Altering the shape of ground surfaces to a predetermined condition; this includes stripping, cutting, filling, stockpiling and shaping or any combination of the above, and including land in its cut or filled condition.

Ground elevation. The original elevation of the ground surface prior to cutting or filling.

Ground floor elevation. See 6.1.3.D.

Groundcover. Any of a series of dense, low-growing, spreading, herbaceous plants that form a layer and provide protection for topsoil from erosion and drought. Sod, mulch, pine straw and stone do not count as groundcover.

Grubbing. The removal of stumps or roots from a property.

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Habitable space. An area within a building, typically a residential occupancy, used for living, sleeping, eating or cooking purposes. Those areas not considered to meet this definition include bathrooms, closets, hallways, laundry rooms, storage rooms and utility spaces. It is not necessary that a room or area be finished in order to be considered habitable space, such as an unfinished basement.

Height, bonus. See Div. 6.7.

Height, building. See Sec. 6.1.3.A.

Height, story. See Sec. 6.1.3.E.

Highest adjacent grade. The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic structure. Any structure that is: Listed individually in the National Register of Historic Places, on a state inventory, or on a local inventory of historic places by communities with an official historic preservation program.

Hotspot. 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). 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.

Hydrology, future-conditions. The flood discharges associated with projected land-use conditions based on a community's zoning maps, comprehensive land-use plans, and/or watershed study projections, and without consideration of projected future construction of stormwater management (flood detention) structures or projected future hydraulic modifications within a stream or other waterway, such as bridge and culvert construction, fill, and excavation.

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Illegal connection. Either of the following: 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 nonstormwater 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 (2) Any pipe, open channel, drain or conveyance connected to the City separate storm sewer system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.

Illicit discharge. Any direct or indirect nonstormwater discharge to the City separate storm sewer system, except as exempted in Section 9.8

Impervious cover or impervious surface. Any man-made paved, hardened or structural surface, regardless of material, that significantly impedes or prevents the natural infiltration of water into soil. The term impervious cover includes, but is not limited to, rooftops, buildings, streets, parking lots, driveways, sidewalks, uncovered decks and patios, swimming pools and any concrete or asphalt.

Industrial activity. Activities subject to NPDES industrial permits as defined in 40 CFR 122.26 (b)(14).

Industrial stormwater permit. A National Pollutant Discharge Elimination System (NPDES) permit issued to an industry or group of industries that regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies.

Infiltration. The process of percolating stormwater runoff into the subsoil.

Inspection and maintenance agreement. 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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Jurisdictional wetland. 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.

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Land development. 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 project. A discrete land development undertaking.

Land disturbance. Land disturbing activity, including, but not limited to, clearing and grubbing, dredging, grading, excavating, filling, tree removal, storage or transporting of materials on or off a site, and the construction of improvements such as streets, surface parking areas and drives, stormwater drainage facilities, sidewalks or other structures permanently placed on or in the property, except for buildings or other structures requiring the issuance of a building permit. Also includes any activity which may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands within the state, including, but not limited to, clearing, dredging, grading, excavating, transporting, and filling of land but not including agricultural practices.

Larger common plan of development. A contiguous area where multiple separate and distinct construction activities are occurring under one plan of development.

Light fixture, full cutoff. A luminaire where the emission does not exceed 2.5% of the lamp lumens at an angle of 90 degrees above nadir and does not exceed 10% at a vertical angle of 80 degrees above nadir.

Limited Use. See Sec. 7.1.5.

Local issuing authority (LIA). The governing authority of any county or municipality which is certified pursuant to subsection O.C.G.A. § 12-7-8(a).

Lot. See Sec. 6.1.1.A.

Lot Coverage. See Sec. 6.1.1.H.

Lot Frontage. See Sec. 6.1.1.F.

Lot line. See Sec. 6.1.1.B.

Lot width. See Sec. 6.1.1.E.

Lowest floor. For the purposes of Div. 9.5, the lowest floor of the lowest enclosed area, including basement. An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of other provisions of Div. 9.5.

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Manufactured home. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed to be used with or without a permanent foundation when attached 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. The term does not include a recreational vehicle.

Manufactured home park or subdivision, existing. 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 before July 5, 2006.

Manufactured home park or subdivision, expansion to existing. 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).

Mean sea level. The datum to which base flood elevations shown on a community's flood insurance rate map (FIRM) are referenced. For purposes of this Division, the term is synonymous with National Geodetic Vertical Datum (NGVD) of 1929 or the North American Vertical Datum (NAVD) of 1988.

Metropolitan River Protection Act (MRPA) Chattahoochee Corridor Plan. State law referenced as O.C.G.A. § 12-5-440 et seq. that addresses development impacts within 2,000 feet of the Chattahoochee River and its impoundments.

Minor land disturbance activity - exempt. For the purposes of Article 9, activities such as home gardens and individual home landscaping, minor repairs, maintenance work, fences, and other related activities, which do not require permits for soil and erosion control purposes.

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National Pollutant Discharge Elimination System (NPDES). Stormwater discharge permit means a permit issued by the state 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 area-wide basis.

Natural ground surface. The ground surface in its original state before any grading, excavation or filling.

Neighborhood transition. See Div. 6.4.

Nephelometric turbidity units (NTU). Numerical units of measure based upon photometric analytical techniques for measuring the light scattered by finely divided parts of a substance in suspension. This technique is used to estimate the extent of turbidity in water in which colloidally dispersed or suspended parts are present.

New construction. For the purposes of Article 9, any structure for which the start of construction commenced on or after July 5, 2006, and includes any subsequent improvements to the structure.

New development. A land development activity on a previously undeveloped site.

New manufactured home park or subdivision. For the purposes of Article 9, a manufactured home park completed on or after July 5, 2006.

Nonpoint source pollution. 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 byproduct of land use practices such as agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources.

Nonstormwater discharge. Any discharge to the storm drain system that is not composed entirely of stormwater.

Nonstructural stormwater management practice or nonstructural practice. 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.

Notice or official notice. For the purposes of Div. 9.7, a written communication by the City to the owner, operator, or person conducting land-disturbing activity, including a notice to comply, a stop work order and/or a fine, as authorized by this Development Code in Div. 9.7. Notice shall be deemed official when it meets one of the following requirements: (1) Communicated in writing to the owner or operator via U.S. mail; (2) Hand-delivered to the owner, operator, or person conducting land-disturbing activity; (3) Posted in a conspicuous location on the site; or (4) Electronic communications such as email or phone text messages. NOI means a notice of intent form provided by EPD for coverage under the state general permit. NOT means a notice of termination form provided by EPD to terminate coverage under the state general permit.

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Off-site facility. A stormwater management facility located outside the boundaries of the site.

On-site facility. A stormwater management facility located within the boundaries of the site.

Operator. The party or parties that have (A) operational control of construction project plans and specifications, including the ability to make modifications to those plans and specifications; or (B) day-to-day operational control of those activities that are necessary to ensure compliance with an erosion, sedimentation and pollution control plan for the site or other permit conditions, such as a person authorized to direct workers at a site to carry out activities required by the erosion, sedimentation and pollution control plan or to comply with other permit conditions.

Outdoor amenity space. See Sec. 6.1.1.I.

Outfall. The location where stormwater in a discernible, confined and discrete conveyance, leaves a facility or site or, if there is a receiving water on site, becomes a point source discharging into that receiving water.

Overbank flood protection. 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 two-year through 25-year frequency storm events.

Owner. 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 in control of the site.

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Parcel. A piece of land that has not yet been subdivided and recorded as a lot of record in the Fulton County deed records.

Permit. The authorization necessary to conduct a land-disturbing activity under the provisions of this Development Code.

Person. Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, state agency, municipality or other political subdivision of the State of Georgia, any interstate body or any other legal entity.

Phase or phased. Subparts or segments of construction projects where the subpart or segment is constructed and stabilized prior to completing construction activities on the entire construction site. Phased construction is not intended to be used in stand-alone residential development.

Plan, approved. For the purposes of Div. 9.7, an erosion and sedimentation control plan approved in writing by the City of Sandy Springs or the Fulton County Soil and Water Conservation District.

Plat. A map indicating the subdivision, re-subdivision, or recombination of land.

Plat, final. A finished drawing of a subdivision showing completely and accurately all legal and boundary information and certifications required by this Development Code.

Plat, minor. A finished drawing of a subdivision of no more than three lots that, at the time of subdivision, does not necessarily, but may involve a land disturbance permit, new streets, the extension of a utility or other municipal facility and depicts all legal and engineering information required by this Development Code.

Plat, preliminary. See Conceptual plan.

Pollutant. Anything that 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; nonhazardous liquid and solid wastes and yard wastes; refuse, 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. 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.

Postdevelopment. 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.

Predevelopment. 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.

Premises. Any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.

Primary street. See Sec. 6.1.1.C.

Project. The entire proposed development project regardless of the size of the area of land to be disturbed.

Properly designed. Designed in accordance with the design requirements and specifications contained in the "Manual for Erosion and Sediment Control in Georgia" (manual) published by the Georgia Soil and Water Conservation Commission as of January 1 of the year in which the land-disturbing activity was permitted and amendments to the manual as approved by the commission up until the date of NOI submittal or issuance of a building permit or land disturbance permit.

Protected Neighborhood. A character area described and mapped in the City's Comprehensive Plan.

Protection area or stream protection area. The combined areas of all required buffers and setbacks applicable to such stream.

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Qualified professional. For the purpose of Div. 9.3, any individual possessing a degree in forestry, urban forestry, landscape architecture, or horticulture, trained in the implementation of Div. 9.3 and tree protection in building construction.

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Redevelopment. A land development project on a previously developed site, but excludes ordinary maintenance activities, remodeling of existing buildings, resurfacing of paved areas, and exterior changes or improvements which do not materially increase or concentrate stormwater runoff, or cause additional non-point source pollution.

Regional stormwater management facility or regional facility. 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.

Repetitive loss. Flood related damage sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25 percent of the market value of the structure before the damage occurred.

Responsible party. The owner or owner's agent.

Road. See "Street, public".

Roadway. The paved portion of a street from back of curb to back of curb (or edge to edge of pavement for streets not having curbs), excluding driveway aprons, bridges, and large single and multicell culverts which in a hydrologic sense may be considered to function as a bridge.

Runoff reduction. The interception, evaporation, evapotranspiration, infiltration or capture and reuse of stormwater runoff.

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Sandy Springs Tree Bank. The account established by the City for fines and penalties associated with loss of or damage to the tree canopy. Tree bank funding is restricted to the planting of trees and preservation of the Sandy Springs tree canopy.

Setback. See Sec. 6.1.2.A.

Shed. A simple roofed structure typically made of wood or metal and used for additional storage space.

Sheet flow. Diffused water running overland to a defined watercourse.

Side street. See Sec. 6.1.1.C.

Sign. Any device, fixture, placard, or structure affixed to, supported by, or suspended by a stationary object, building or the ground that uses any color, form, graphic, illumination, symbol, or writing to communicate information of any kind to the public. See additional details in Div. 8.3.

Site. The parcel of land being developed, or the portion thereof, on which the land development project is located.

Site work. Development activity to prepare a property for construction of buildings or finished structures, including clearing, grubbing, grading and installation of soil sedimentation and erosion control facilities.

Site/tree conservation plan (STCP). A plan as required in Div. 9.3 for a Boundary Tree, Setback Tree, Landmark Tree or Protected Tree.

Sketch plan. See Concept plan.

Soil and Water Conservation District approved plan. An erosion, sedimentation and pollution control plan approved in writing by the Region 3 Soil and Water Conservation District.

Stabilization. The process of establishing an enduring soil cover of vegetation by the installation of temporary or permanent structures for the purpose of reducing to a minimum the erosion process and the resultant transport of sediment by wind, water, ice or gravity.

Stabilization, final. All soil disturbing activities at the site have been completed, and that for unpaved areas and areas not covered by permanent structures and areas located outside the waste disposal limits of a landfill cell that has been certified by EPD for waste disposal, 100 percent of the soil surface is uniformly covered in permanent vegetation with a density of 70 percent or greater, or equivalent permanent stabilization measures (such as the use of riprap, gabions, permanent mulches or geotextiles) have been used. Permanent vegetation shall consist of: planted trees, shrubs, perennial vines; a crop of perennial vegetation appropriate for the time of year and region; or a crop of annual vegetation and a seeding of target crop perennials appropriate for the region. Final stabilization applies to each phase of construction.

Standard details. Illustrative minimum standards for land development activities authorized under this Development Code or other codes of the City. These standards do not supersede more restrictive or prudent design requirements or good engineering practices as applied to specific situations on a case-by-case basis. All construction must meet or exceed the standards established in this Development Code or those adopted by the State Department of Transportation.

Start of construction (includes substantial improvement). As related to floodplain management means the date the permit was issued, provided the actual start of improvement activity was within 180 days of the permit date. The actual start means either the first placement of permanent construction of the structure. Permanent construction does not include initial land preparation, excavation or the erection of temporary forms; nor does it include the installation on the property of accessory buildings. For interior only improvements applies to first alteration of any structural part of a building, whether or not it expands building footprint.

State General Permit. The National Pollution Discharge Elimination System (NPDES) general permit or permits for stormwater runoff from construction activities as is now in effect or as may be amended or reissued in the future pursuant to the state's authority to implement the same through federal delegation under the Federal Water Pollution Control Act, as amended, 33 U.S.C. Section 1251 et seq., and O.C.G.A. § 12-5-30(f).

State waters. State waters include any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, and other bodies of surface or subsurface water, natural and artificial, lying within or forming a part of the boundaries of the State which are not entirely confined and retained completely upon the property of a single individual, partnership, or corporation, except as may be defined in O.C.G.A. § 12-7-17(8) (O.C.G.A. § 12-7-3(16)).

State waters buffer. Buffer means the area of land immediately adjacent to the banks/points of wrested vegetation of state waters in its natural state of vegetation, which facilitates, when properly vegetated, the protection of water quality and aquatic habitat (O.C.G.A. § 12-7-3(2)). Also includes stream buffer(s).

Stormwater better site design. Nonstructural site design approaches and techniques that can reduce a site's impact on the watershed and can provide for nonstructural stormwater management. The term "stormwater better site design" includes conserving and protecting natural areas and greenspace, reducing impervious cover and using natural features for stormwater management.

Stormwater management facility. Any infrastructure that controls or conveys stormwater runoff.

Stormwater management. The collection, conveyance, storage, treatment and disposal of stormwater runoff in a manner intended to prevent increased flood damage, stream bank channel erosion, habitat degradation and water quality degradation, and to enhance and promote the public health, safety and general welfare.

Stormwater management measure. Any stormwater management facility or nonstructural stormwater practice.

Stormwater management plan. 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 Division.

Stormwater management site plan. A drawing depicting how and where stormwater management facilities and practices will be installed on the site.

Stormwater management system. 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. 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 or stormwater. Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.

Stream. Any stream, beginning at:

1.

The location of a spring, seep, or groundwater outflow that sustains stream flow;

2.

A point in the stream channel with a drainage area of 25 acres or more; or

3.

Where evidence indicates the presence of a stream in a drainage area of other than 25 acres, the Department may require field studies to verify the existence of a stream.

Stream bank. The sloping land that contains the stream channel and the normal flows of the stream.

Street, private. An accessway similar to and having the same function as a public street, providing access to more than one property, but held in private ownership (as distinct from a "driveway").

Street, public. A right-of-way dedicated to and accepted by the City for vehicular traffic over which the City may hold a prescriptive easement for public access, and including designated and numbered U. S. and State highways. For the purposes of this Development Code, the term "public street" is limited to those which afford or could afford a direct means of vehicular access to abutting property, and exclude limited access roadways which abut a property but from which direct access is not allowed.

Streetscape. The design of a street, including the sidewalks, landscape planting, furnishings along the street and street furniture.

Structural erosion, sedimentation and pollution control practices. Practices for the stabilization of erodible or sediment-producing areas by utilizing the mechanical properties of matter for the purpose of either changing the surface of the land or storing, regulating or disposing of runoff to prevent excessive sediment loss. Approved practices can be found in the publication "Manual for Erosion and Sediment Control in Georgia."

Structural stormwater control. 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.

Structure. Any construction attached to the ground or a building, whether permanently or temporarily. Structures include, as examples, fences, kiosks, mechanical equipment, pergolas, gazebos, monument signs, and swimming pools.

Subdivision. Any division or re-division of a lot, tract or parcel, regardless of its existing or future use, into two or more lots, tracts or parcel.

1.

The term subdivision means the act or process of dividing property. Lots that do not abut or are not directly across a public street from other subdivided lots shall be considered a separate distinct subdivision with a separate name.

2.

Where appropriate to the context, the term subdivision also may be used in reference to the aggregate of all lots held in common ownership at the time of division.

Subdivision entrance. A public street, or publicly approved private street, that provides access to subdivided lots.

System improvement. Any improvement or facility such as streets, bridges, or rights-of-way identified on the long range road classification map (i.e. "the System"), and any traffic control measures, landscaping or other related features, that is included in the Comprehensive Plan and which is further designed to provide service to the community at large.

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Thoroughfare, major. Any public street, existing or proposed, that carries the functional classification of arterial or collector.

Trail. An extended and usually continuous strip of land established independently of other routes of travel and dedicated, through ownership or easement, to recreational travel including hiking, horseback riding, and similar activities.

Transparency. See Sec. 6.1.4.A.

Tree. A self-supporting woody plant material capable of reaching a minimum DBH of 6 inches and a height of 15 feet.

Tree canopy. The square footage of the aggregate of the canopy of all trees 18 inches DBH or larger contained on a property.

Tree, boundary. A tree 10 inches DBH or larger located on a property adjacent to a permitting property whose critical root zone or canopy extends into that permitting property.

Tree, canopy. A large or medium tree with a crown size and shape that will typically provide at maturity significant shade and beneficial effects on temperature, air quality, water quality, and other environmental conditions. A canopy tree is also referred to as a "shade tree," and includes, but is not limited to Oak, Birch, Elm and Ash.

Tree, damaged. A tree that has 25% or more of the critical root zone disturbed.

Tree, destroyed. A tree which has damage to any of its parts causing, as determined by the City Arborist, the tree's survival beyond 3 growing seasons to be unlikely.

Tree, hardwood. The botanical group of trees that have broad leaves, produce a fruit or nut, and generally go dormant in the winter. Hardwood Trees include, but are not limited to, oak, maple, magnolia, beech, ash and cherry tree species.

Tree, hazardous. A tree that is at risk for failure because it is dead or structurally defective, and where that failure could result in personal injury or property damage.

Tree, landmark. Landmark tree means:

1.

Hardwood tree 27 inches DBH or larger;

2.

Pine tree 30 inches DBH or larger; or

3.

Dogwood or redbud tree ten inches DBH or larger being in fair or better condition.

Tree, protected. A tree 18 inches DBH or larger, other than a landmark tree or setback tree, in fair or better condition.

Tree, setback. A tree 18 inches DBH or larger located in the minimum required yards/setbacks of any property.

Treehouse. A structure built at least 8 feet above the ground within the branches of a tree. May or may not use the tree for support.

Tree removal permit. A permit as required pursuant to Div. 9.3 issued by the City Arborist for land disturbance or the removal of trees.

Trout streams. All streams or portions of streams within the watershed as designated by the Wildlife Resources Division of the Georgia Department of Natural Resources under the provisions of the Georgia Water Quality Control Act, O.C.G.A. § 12-5-20, in the Rules and Regulations for Water Quality Control, Chapter 391-3-6. Streams designated as primary trout waters are defined as water supporting a self-sustaining population of rainbow, brown or brook trout. Streams designated as secondary trout waters are those in which there is no evidence of natural trout reproduction but are capable of supporting trout throughout the year. First order trout waters are streams into which no other streams flow except springs.

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Urban Neighborhood. A character area described and mapped in the City's Comprehensive Plan.

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Variance. See Div. 11.6.

Vegetative erosion and sedimentation control measures. Technical measures approved within the Georgia Manual for Erosion and Sediment Control for the stabilization of erodible or sediment-producing areas.

Vehicle. As used in this Development Code, vehicle may include not just motor vehicles, but also non-motorized vehicles such as bicycles used for transport, based on the context of the specific code section.

Vehicle, recreational. A vehicle which is:

1.

Built on a single chassis;

2.

400 square feet or less when measured at the largest horizontal projection;

3.

Designed to be self-propelled or permanently towable by a light-duty truck; and

4.

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

Violation. A violation is any failure to comply with the Development Code.

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Watercourse. Any natural or artificial watercourse, stream, river, creek, channel, ditch, canal, conduit, culvert, drain, waterway, gully, ravine, or wash in which water flows either continuously or intermittently and which has a definite channel, bed and banks, and including any area adjacent thereto subject to inundation due to overflow or floodwater.

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Yard. The land area located between the property line and the principal structure.

( Ord. of 4-17-2018(9) , §§ 12-1—12-14)