§ 9.2.2. Applicability

A.

Generally This Division applies to all land development activity on property containing a state waters buffer as defined in Article 12 and an additional impervious surface setback. In this Division, "setback" refers to the additional 25' impervious surface setback described in Sec. 9.2.4.A.2. These requirements are in addition to, and do not replace or supersede, any other applicable buffer and setback requirements established under state law, and approval of or exemption from these requirements does not constitute approval of or exemption from buffer and setback requirements established under state law or from other applicable local, state or federal regulations.

B.

Legal Nonconforming Structures This Division does not apply to the following existing structures:

1.

Work consisting of the repair or maintenance of any lawful use of land that is zoned and approved for such use on or before December 12, 2005.

2.

Existing development and ongoing land disturbance activities including but not limited to existing agriculture, silviculture, landscaping, gardening and lawn maintenance, except that new development or land disturbance activities on such properties will be subject to all applicable buffer and setback requirements.

3.

A variance from the requirements of the Sandy Springs portion of any state waters buffer or additional impervious surface setback (see Sec. 9.2.4) is not required for:

a.

Repair or replacement in kind of any legally approved principal structure located in the buffer or setback that existed prior to December 12, 2005, provided that the footprint of the pre-2005 structure is not exceeded and engineering analysis indicates that no rise in flood elevation will occur. All required permits are still necessary prior to construction.

b.

Removal of a principal or accessory structure or otherwise reducing the amount of impervious surface in the state waters buffer or the setback, provided the state waters buffer is restored using native vegetation in accordance with revegetation standards in "Buffer Zone," starting on page 6-15 of the GSWCC's Manual for Erosion and Sediment Control in Georgia: 2016 Edition. All required permits are still necessary prior to demolition.

C.

Exemptions The following specific activities are exempt from this Division. Exemption of these activities does not constitute an exemption for any other activity proposed on a property.

1.

Activities for the purpose of building one of the following:

a.

A stream crossing by a driveway, transportation route or utility line;

b.

Public water supply intake or public wastewater outfall structures;

c.

Intrusions necessary to provide access to a property;

d.

Public access facilities that must be on the water including boat ramps, docks, foot trails leading directly to the river, fishing platforms and overlooks;

e.

Unpaved foot trails and paths;

f.

Activities to restore and enhance stream bank stability, vegetation, water quality or aquatic habitat, so long as native vegetation and bioengineering techniques are used.

2.

Public sewer line easements paralleling the stream, except that all easements (permanent and construction) and land disturbance should be at least 25 feet from the top of the bank. This includes such impervious cover as is necessary for the operation and maintenance of the utility, including but not limited to manholes, vents and valve structures. This exemption must not be construed as allowing the construction of roads, bike paths or other transportation routes in such easements, regardless of paving material, except for access for the uses as specifically cited in paragraph 1 above.

3.

Land development activities within a right-of-way existing on December 12, 2005 or approved under the terms of this Division.

4.

Within an easement of any utility existing on December 12, 2005 or approved under the terms of this Division, land disturbance activities and such impervious cover as is necessary for the operation and maintenance of the utility, including but not limited to manholes, vents and valve structures.

5.

Emergency work necessary to preserve life or property. However, when emergency work is performed under this Division, the person performing it must report such work to the City on the next business day after commencement of the work. Within 10 days, the person must apply for a permit and perform such work within such time period as may be determined by the City to be reasonably necessary to correct any impairment such emergency work may have caused to the water conveyance capacity, stability or water quality of the protection area.

6.

Forestry and silviculture activities on land that is zoned for forestry, silvicultural or agricultural uses and are not incidental to other land development activity. If such activity results in land disturbance in the buffer or setback that would otherwise be prohibited, then no other land disturbing activity other than normal forest management practices will be allowed on the entire property for 3 years after the end of the activities that intruded on the buffer or setback.

7.

Projects defined in O.C.G.A. § 12-7-17(3) as minor land-disturbing activities that are exempt from the Georgia Erosion and Sedimentation Act: "Such minor land-disturbing activities as home gardens and individual home landscaping, repairs, maintenance work, fences, and other related activities which result in minor soil erosion."

D.

Minor Land Disturbing Activities The following land-disturbing activities are examples of projects not specifically listed in O.C.G.A. § 12-7-17(3) that would be considered minor land-disturbing activities and are, therefore, exempt from the Georgia Erosion and Sedimentation Act and the applicable buffer requirements for state waters:

1.

Elevated structures such as decks, gazebos, patios, walkways, viewing platforms or open picnic shelters, provided that:

a.

The floor or decking is built in a pervious manner to allow for the infiltration of stormwater;

b.

No more than 100 square feet of footprint of the elevated structure extends into or over the buffer, with an exception for structures compliant with the Americans with Disabilities Act (ADA);

c.

No grading, cutting, filling or similar land-disturbing activities occurring as a part of the site preparation, construction or subsequent development;

d.

The structure is built on posts, concrete blocks or similar supports;

e.

Permanent protective vegetative cover remains or protective measures (for example, mulch or gravel) are installed within the footprint of the elevated structure to prevent post-construction soil erosion;

f.

A natural canopy is left in sufficient quantity to keep shade on the streambed; and

g.

No concrete or asphalt slabs, pads or foundations are constructed or placed as a part of the site preparation, construction or subsequent development.

2.

A pervious ground-level walkway approach to a dock or similar structure, provided that:

a.

No more than 100 square feet of the constructed walkway extends into the buffer, with an exception for structures compliant with the Americans with Disabilities Act (ADA);

b.

No grading, cutting, filling or similar land-disturbing activities occur as a part of the site preparation, construction or subsequent development;

c.

No concrete or asphalt slabs, pads, supports or foundations are constructed or placed as a part of the site preparation, construction or subsequent development; and

d.

All ground preparation and walkway material placement is completed with the use of hand-held equipment.

3.

Restoration of buffer area after the removal of an existing structure, provided that the buffer area must be replanted with native vegetation.

4.

Maintenance or repair of existing structures, the failure of which would result in a threat to human health or state waters, such as sewer lines, water lines, dams or gas lines. Total disturbance must be less than 100 square feet.

5.

Placement of rock riprap within the buffer not to exceed 100 square feet on any one property, provided that:

a.

The placement of the riprap does not result in soil disturbance outside the placement area; and

b.

No grading, cutting, filling or similar land-disturbing activities occur as part of the site preparation, construction or subsequent development.

E.

Activities Not Considered Minor The following land-disturbing activities are examples of projects that are not considered minor land-disturbing activities and are, therefore, not exempt from the Georgia Erosion and Sedimentation Act and the applicable buffer requirements for state waters:

1.

Any land-disturbing activity utilizing wheeled or tracked machinery and equipment resulting in soil erosion within the buffer;

a.

Paving with poured or prefab concrete or asphalt;

b.

Any project or combination of projects occurring within the same calendar year on the same property resulting in more than 100 square feet of any elevated structures or pervious ground level walkways within or extending into the buffer;

c.

Construction of a barbeque pit on a concrete or asphalt slab or pad within the buffer;

d.

Construction of a ground-level patio within the buffer;

e.

Construction of a swimming pool within the buffer;

f.

Construction of a decorative or structural retaining wall within the buffer;

g.

Construction of a new seawall with land-disturbing activities occurring within the buffer; and

h.

Backfilling any new seawall construction within the buffer.

F.

Prohibited Activity Any land development activity within a buffer established under this Division or any impervious cover within a setback established under this Division is prohibited unless a variance is granted pursuant to Sec. 9.2.4.B and Sec. 11.6.2.

( Ord. of 4-17-2018(7) , §§ 9-4—9-10)