§ 74-39. Application and permit process.

(a)

General. A permit is required for any land-disturbing activity in the City of Atlanta unless exempt in accordance with section 74-38, above. The property owner, developer and designated planters and engineers shall review die general development plans and detailed plans of the city that affect the tract to be developed and the area surrounding it. They shall review the zoning ordinance, stormwater management ordinance, subdivision ordinance, flood damage prevention ordinance, this article, and other ordinances which regulate the development of land within the jurisdictional boundaries of the city and shall design the proposed development in compliance with these regulations. Land disturbing activity permits shall be applied for as part of a building, permit in compliance with this article and Part 8 of this Code of Ordinances.

(b)

Application requirements.

(1)

No person required to apply for an LDA permit shall conduct any land-disturbing activity requiring an approved erosion and sediment control plan within the jurisdictional boundaries of the city without first obtaining a LDA permit from the city to perform such activity;

(2)

The application for a land-disturbing activity permit shall be submitted to the bureau of buildings 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 section 74-40 of this article. Soil erosion and sedimentation control plans shall conform to the provisions of subsection 74-43 of this article. All applications shall contain a certification stating that the plan preparer or the designee thereof visited the site prior to creation of the plan or that such a visit was not required in accordance with rules and regulations established by the board. The application shall include the owner's name, street address, mailing address if different from street address (a post office box alone shall not satisfy this requirement), and other contact information such as phone numbers and e-mail addresses.

(3)

Immediately upon approval of an application and plan for an LDA 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, if such review and approval or disapproval is required. The 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 LDA permit will be issued unless the plan has been approved by the district, and any variances required by subsection 74-43(c)(13), (15) and (16), and bonding, if required, as per subsection 74-39(b)(5) have been obtained. Such review will not be required if the city and the district have entered into an agreement which allows the city to conduct such review and approval of the plan without referring the application and plan to the district.

(4)

If an LDA permit applicant has had two or more violations of previous city-issued permits, this article, section, or the Erosion and Sedimentation Act, as amended, within three years prior to the date of filing of the application under consideration, the city may deny the LDA permit application.

(5)

Performance bonds required. For land-disturbing activities on sites with a disturbed area of one acre or greater, or on which there is cut, fill, or a combination of both in an amount greater than 500 cubic yards, the applicant shall post a performance bond in accordance with the following requirements:

(i)

The bond amount shall be $3,000.00 minimum, and prorated at $3,000.00 per disturbed acre for any amount or fraction greater than one acre;

(ii)

The performance bond shall be issued by a bonding company licensed and registered in Georgia;

(iii)

The performance bond shall ensure that all affected areas will be stabilized through structural measures, vegetative measures, or both to provide effective soil erosion and sediment control;

(iv)

The terms of the bond shall extend from the beginning of the project until one year following its completion. The performance bond shall be written to the benefit of the City of Atlanta and shall obligate the bonding company to correct any violations of this article for a period of one year following cessation of land-disturbing activities or final sign-off pursuant to section 74-43(f);

(v)

Failure to maintain or renew the performance bond, should it expire prior to final sign-off, shall be a violation of this article, and shall be a separate violation for each day of such failure, and shall be grounds for suspending or revoking the LDA permit.

(6)

If the applicant does not comply with this article or with the conditions of the LDA permit after issuance, the city may call the bond in accordance with section 74-42(h).

(c)

LDA permits.

(1)

LDA 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 LDA permit shall be issued by the city unless the erosion and sedimentation control plan has been approved by the district and the city has affirmatively determined that the plan is in compliance with this article, any variances required by subsection 74-43(c)(13), (15), (16), or other ordinances are obtained, bonding requirements. if necessary as per subsection 74-39(b)(5) are met, and all ordinances and rules and regulations in effect within the jurisdictional boundaries of the city are met; provided, however, such approval by the district will not be required if the city and the district have entered into an agreement which allows the city to approve the plan without referring the application and plan to the district. If the LDA permit is denied, the reason for denial shall be furnished to the applicant.

(3)

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

(4)

The LDA permit may be suspended, revoked. or modified by the city, as to all or any portion of the land affected by the plan, upon finding that the permittee, owner, or a successor in title is not in compliance with the approved erosion and sedimentation control plan, or that the permittee, owner, or a successor in title is in violation of this article. A holder of an LDA permit or owner 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 LDA permit.

(5)

No permit shall be issued unless the applicant provides a statement by the tax collector or tax commissioner of the county in which the property for which the permit is requested lies and by the official responsible for the collection for municipal taxes for the city, if applicable, certifying that all ad valorem taxes levied against the property and due and owing have been paid.

(6)

No permit shall be issued or permit modification or revision be approved for construction within a larger common plan of development or sale if there is a pending enforcement action pursuant section 74-42 or the state general permit, except to allow corrective or remedial measures.

(7)

Notice of intent and notice of termination. NOIs and NOTs required to be submitted to the EPD District Office under the State General Permit shall be submitted concurrently to the City of Atlanta.

(8)

A copy of the permit shall be posted on the site at all times as set out in Appendix A, Chapter 1 section 102.2(c) of the City of Atlanta Land Development Code.

(Ord. No. 2004-48, § 3, 8-20-04; Ord. No. 2010-43(10-O-0808), § 5, 7-27-10)