§ 38-35. Application/permit process.

(a)

General. The property owner, developer and designated planners and engineer shall review the general development plans and detailed plans of the issuing authority that affect the tract to be developed and the area surrounding it. They shall review the zoning ordinance, subdivision regulations, flood prevention ordinance, this Code, and all other ordinances which regulate the development of land within the jurisdictional boundaries of the issuing authority. However, the property owner is the only party eligible for a permit.

(b)

Application requirements.

(1)

No person shall conduct any land-disturbing activity within the jurisdictional boundaries of the issuing authority without first obtaining a permit from the city to perform such activity.

(2)

The application for a permit shall be submitted to the city and must include the applicant's erosion and sedimentation control plan with supporting data, as necessary. Said plans shall include, as a minimum, the data specified in subsection 38-35(c). Soil erosion and sedimentation control plans shall conform to the provisions of section 38-34. Applications for a permit will not be accepted unless accompanied by three copies of the applicant's soil erosion and sedimentation control plans.

(3)

A fee of $700.00 for non-residential development and $90.00 per lot or unit for residential development shall be charged.

a.

In addition to the above specified local permitting fees, fees will also be assessed pursuant to paragraph 5, subsection (a) of O.C.G.A. § 12-5-23. Provided that such fees shall not exceed $80.00 per acre of land-disturbing activity, and these fees shall be calculated and paid by the primary permittee as defined in the state general permit for each acre of land-disturbing activity included in the planned development or each phase of development. All applicable fees shall be paid prior to issuance of the land disturbance permit. In a jurisdiction that is certified pursuant to subsection (a) of O.C.G.A. § 12-7-8 half of such fees levied shall be submitted to the division; except that any and all fees due from an entity which is required to give notice pursuant to paragraph (9) or (10) of O.C.G.A. § 12-7-17 shall be submitted in full to the division, regardless of the existence of a local issuing authority in the jurisdiction.

(4)

Immediately upon receipt of an application and plan for a permit, the city shall refer the application and plan to the district for its review and approval or disapproval concerning the adequacy of the erosion and sedimentation control plan. A district shall approve or disapprove a plan within 35 days of receipt. Failure of a district to act within 35 days shall be considered an approval of the pending plan. The results of the district review shall be forwarded to the city. No permit will be issued unless the plan has been approved by the district, and any variances required by subsection 38-34(c)(15) and (16) and bonding, if required as per this section, have been obtained. Such review will not be required if the issuing authority and the district have entered into an agreement which allows the council to conduct such review and approval of the plan without referring the application and plan to the district.

a.

If a permit applicant has had two or more violations of previous permits of this section or the Erosion and Sedimentation Act, (as amended) within three years prior to the date of filing of the application under consideration, the council may deny the permit application.

b.

The permit applicant shall post a bond in the form of government security, cash, irrevocable letter of credit, or any combination thereof up to, but not exceeding, $3,000.00 per acre or fraction thereof of the proposed land-disturbing activity, prior to issuing the permit. If the applicant does not comply with this article or with the conditions of the permit after issuance, the issuing authority may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance. These provisions shall not apply unless there is in effect an ordinance, regulation or statute specifically providing for hearing and judicial review of any determination or order of the council with respect to alleged permit violations.

(c)

Plan requirements.

(1)

Plans must be prepared to meet the minimum requirements as contained in section 38-34. Conformance with the minimum requirements shall be attained through the use of design criteria in the current issue of the "Manual for Erosion and Sediment Control in Georgia," published by the state soil and water conservation commission as a guide, and shall conform to sound conservation and engineering practices. "The Manual for Erosion and Sediment Control in Georgia" is hereby incorporated by reference into this section. The plan for the land-disturbing activity shall consider the interrelationship of the soil types, geological and hydrological characteristics, topography, watershed, vegetation, proposed permanent structures including roadways, constructed waterways, sediment control and storm water management facilities, ordinances and regulations of the city, and state laws and regulations.

(2)

Data required for site plan:

a.

Narrative or notes, and other information: notes or narrative to be located on the site plan in general notes or in erosion and sediment control notes.

b.

Description of existing land use at project site and description of proposed project.

c.

Name, address and phone number of the property owner.

d.

Name and phone number of 24-hour local contact that is responsible for erosion and sediment controls.

e.

Size of project, or phase under construction, in acres.

f.

Activity schedule showing anticipated start and completion dates, which must include the statement in bold letters, that "installation of erosion control measures and practices shall occur prior to or concurrent with land-disturbing activities."

g.

Storm water and sediment management systems-storage capacity, hydrologic study and calculations, including off-site drainage areas.

h.

Vegetation plan for all temporary and permanent vegetative practices, including species, planting dates, and seeding, fertilizer, lime and mulching rates. The vegetative plan should show options for year-round seeding.

i.

Detail drawings for all structural practices. Specifications may follow guidelines set forth in the "Manual for Erosion and Sediment Control in Georgia."

j.

Maintenance statement: "erosion and sedimentation control measures will be maintained at all times. Additional erosion and sediment control measures will be installed if deemed necessary by onsite inspection or if the existing measures do not provide effective erosion and sediment control."

(3)

Maps, drawings and supportive computations shall bear the signature/seal of a registered or certified professional in engineering, architecture, landscape architecture, land surveying or erosion and sedimentation control. After December 31, 2006, all persons involved in land development design, review, permitting, construction, monitoring, or inspection or any land disturbing activity shall meet the education and training certification requirements as developed by the commission pursuant to O.C.G.A. § 12-7-20. The plans shall contain:

a.

Graphic scale and north point or arrow indicating magnetic north.

b.

Vicinity maps showing location of project and existing streets.

c.

Boundary line survey.

d.

Delineation of disturbed areas within project boundary.

e.

Existing and planned contours, with contour lines drawn with an interval in accordance with the following:

Map Scale	Ground Slope	Contour Interval
1 inch = 100 ft. or larger scale	Flat 0—2%	0.5 or 1
	Rolling 2—8%	1 or 2
	Steep 8% +	2, 5 or 10

 

f.

Adjacent areas and featured areas such as streams, lakes, residential areas, etc. which might be affected shall be indicated on the plan.

g.

Proposed structures or additions to existing structures and paved areas.

h.

Delineation of required 50-foot horizontal buffer adjacent to state waters and the specified width in MRPA areas.

i.

Delineation of the specified horizontal buffer along designated trout streams, where applicable.

j.

Location of erosion and sediment control measures and practices, using coding symbols from the "Manual for Erosion and Sediment Control in Georgia," chapter 6.

(4)

Maintenance of all soil erosion and sedimentation control practices, whether temporary or permanent, shall be at all times the responsibility of the property owner.

(d)

Permits.

(1)

Permits shall be issued or denied as soon as practicable but in any event not later than 45 days after receipt by the city of a completed application, providing variances and bonding are obtained, where necessary.

(2)

No permit shall be issued by the council unless the erosion and sedimentation control plan has been approved by the district and the council has affirmatively determined the plan is in compliance with this section, any variances required by subsections 38-34(c)(15) and (16) are obtained, bonding requirements per subsection 38-35(b)(5) are met and all ordinances and rules and regulations in effect in the city are met. If the permit is denied, the reason for denial shall be furnished to applicant.

(3)

If the tract is to be developed in phases, then a separate permit shall be required for each phase.

(4)

The permit may be suspended, revoked or modified by the council, as to all or any portion of the land affected by the plan, upon finding that the holder or its successor in title is not in compliance with the approved erosion and sedimentation control plan or that the holder or its successor in title is in violation of this section. A holder of a permit shall notify any successor in title as to all or any portion of the land affected by the approved plan of the conditions contained in the permit.

(5)

No permit shall be issued unless the applicant provides a statement by the county tax commissioner and the clerk and/or their designees, certifying that all ad valorem taxes against the property have been paid.

(Amend. of 11-8-2016)