§ 74-43. Minimum requirements for erosion and sedimentation control using best management practices.

(a)

General provisions. Excessive soil erosion and resulting sedimentation can take place during land-disturbing activities. Therefore, plans for those land-disturbing activities which are not excluded by this article shall contain provisions for application of soil erosion and sedimentation control measures and practices. The provisions shall be incorporated into the erosion and sedimentation control plans. Soil erosion and sedimentation control measures and practices shall conform to the minimum requirements of subsection 74-43 of this article. The application of measures and practices shall apply to all features of the site, including street and utility installations, drainage facilities and other temporary and permanent improvements. Measures shall be installed to prevent or control erosion and sedimentation pollution during all stages of any land-disturbing activity.

(b)

Minimum requirements/BMP's.

(1)

Best management practices (BMPs) consistent with, and no less stringent than, those practices contained in the Manual for Erosion and Sediment Control in Georgia shall be utilized in accordance with all land-disturbing activities to prevent and minimize erosion and resultant sedimentation, BMPs shall be utilized for the duration of all land-disturbing activities, and shall be properly designed, installed, and maintained in accordance with the :Manual for Erosion and Sediment Control in Georgia. Maintenance of all BMPs, whether temporary or permanent, shall be, at all times, the responsibility of the property owner or operator. Proper design, installation, and maintenance of BMPs shall constitute a complete defense to any action by the commissioner or to any other allegation of noncompliance with paragraph (2) of this subsection or any substantially similar terms contained in a state general permit for the discharge of stormwater issued pursuant to O.C.G.A. § 12-5-30(f), the "Georgia Water Quality Control Act".

(2)

A discharge of stormwater runoff from disturbed areas where best management practices have not been properly designed, installed, and maintained shall constitute a separate violation of any land-disturbing activity permit issued by the city or of any state general permit issued by the division pursuant to O.C.G.A. § 12-5-30(f), the "Georgia Water Quality Control Act," for each day on which such discharge results in the turbidity of receiving, waters being increased by more than 25 nephelometric turbidity units (NTUs) for waters supporting warm water fisheries or by more than ten nephelometric turbidity units for waters classified as trout waters. The turbidity of the receiving waters shall be measured in accordance with guidelines to be issued by the director. This paragraph shall not apply to any land-disturbing activity associated with the construction of single family homes which are not part of a larger common plan of development or sale unless the planned disturbance for such construction. is equal to or greater than five acres.

(3)

Failure to properly design, install, or maintain best management practices shall constitute a violation of this Article for each day on which such failure occurs.

(4)

The director may require, in accordance with regulations adopted by the board, reasonable and prudent monitoring of the turbidity level of receiving waters into which discharges from land-disturbing activities occur. Compliance with any state requirements are additional requirements of any LDA permit issued by the city pursuant to this article.

(c)

The city adopts by reference the rules and regulations, ordinances, and resolutions adopted by the board pursuant to the Erosion and Sedimentation Act of 1975, O.C.G.A. § 12-7-1. et seq., as amended, for the purpose of governing land-disturbing activities, which require, as a minimum, protections at least as stringent as the state general permit, and best management practices, including 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, as well as the following:

(1)

BMPs and tree protection fences shall be installed along site boundaries prior to stripping of vegetation, grading, and other land-disturbing activities to minimize erosion and prevent sedimentation;

(2)

Cut or fill shall be minimized;

(3)

Development plans must conform to topography and soil type so as to create the lowest practical erosion potential;

(4)

Whenever feasible, natural vegetation shall be retained, protected and supplemented;

(5)

The disturbed area and the duration of soil exposure to erosive elements shall be kept to a practicable minimum;

(6)

Disturbed soil shall be stabilized as quickly as practicable; provided, however, the following shall apply:

(a)

Disturbed areas shall be stabilized using temporary vegetation and. mulch within 14 days of land-disturbing activity, and permanent vegetation shall be used within 30 days of land-disturbing activity;

(b)

Disturbed areas related to utility construction shall be stabilized by the close of each business day; and

(c)

Slopes greater than 2.5:1 (two and one-half feet horizontal to one foot vertical) shall be permanently stabilized as soon as practicable using erosion control matting and blankets pursuant to the Manual for Erosion and Sediment Control in Georgia, in combination with permanent vegetation;

(7)

Temporary vegetation or mulching shall be employed to protect exposed critical areas during development;

(8)

Structural erosion control practices shall be installed as soon as practicable;

(9)

To the extent necessary, sediment in run-off water must be trapped by the use of debris basins, sediment basins, silt traps, or similar measures until final stabilization in accordance with section 74-43(f) has occurred. BMPs for sediment storage in accordance with this section shall be installed prior to and for the duration of all land-disturbing activities;

(10)

Adequate provisions must be provided to minimize damage from surface water to the cut face of excavations or the sloping of fills;

(11)

Cut or fill shall not endanger adjoining property; any change in grade shall conform to the following requirements:

(a)

No fill shall exceed a 2:1 (two feet horizontal and one foot vertical) slope; and

(b)

No cut shall exceed a 2:1 (two feet horizontal and one foot vertical) slope;

(12)

Fills may not encroach upon natural watercourses or constructed channels in a manner so as to adversely affect other property owners;

(13)

Grading equipment must cross flowing streams by means of temporary bridges or culverts unless this requirement is waived by the city;

(14)

Erosion and sedimentation control plans shall include provisions for treatment or control of any source of sediments and adequate sedimentation control facilities to retain sediments on-site or preclude sedimentation of adjacent waters beyond the levels specified in subsection 74-43(b)(2) of this article;

(15)

State waters buffer required by O.C.G.A. § 12-7-6: Except as provided in paragraph (16) of this subsection, there is established a 25-foot buffer along the banks of all state waters, as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action, except where the director determines to allow a variance that is at least as protective of natural resources and the environment, where otherwise allowed by the director pursuant to O.C.G.A. § 12-2-8, or where a drainage structure or a roadway drainage structure must be constructed, provided that adequate erosion control measures are incorporated in the project plans and specifications, and are implemented; or along any ephemeral stream. As used in this provision, the term 'ephemeral stream' means a stream that under normal circumstances has water flowing only during and for a short duration after precipitation events; that has the channel located above the ground-water table year round; for which ground water is not a source of water; and for which runoff from precipitation is the primary source of water flow. Unless exempted as along an ephemeral stream, the buffers of at least 25 feet established pursuant to part 6 of Article 5, Chapter 5 of Title 12, the "Georgia Water Quality Control Act," shall remain in force unless a variance is granted by the director as provided in this paragraph. The following requirements shall apply to any such buffer:

a.

No person shall conduct land-disturbing activities within a state waters buffer, and a buffer shall remain in its natural, undisturbed state of vegetation until all land-disturbing activities on the construction-site are completed. Once the final stabilization of the site is achieved in accordance with section 74-43(f), a state waters buffer may be thinned or trimmed by hand of vegetation as long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; provided, however, that any person constructing a single-family residence, when such residence is constructed by or under contract with the owner for his or her own occupancy, may thin or trim by hand vegetation in a state waters buffer at any time as long as protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; and

b.

The state waters buffer shall not apply to the following land-disturbing activities, provided that they occur at an angle, as measured from the point of crossing, within 25 degrees of perpendicular to the stream; cause a width of disturbance of not more than 50 feet within the buffer; and adequate erosion control measures are incorporated into the project plans and specifications and are implemented:

(1)

Stream crossings for water lines; or

(2)

Stream crossings for sewer lines;

(16)

State Waters trout stream buffer required by O.C.G.A. § 12-7-6: There is established a 50-foot buffer as measured horizontally froze the point where vegetation has been wrested by normal stream flow or wave action, along the banks of any state waters classified as "trout streams" pursuant to Article 2 of Chapter 5 of Title 12, the "Georgia Water Quality Control Act," except where a roadway drainage structure must be constructed; provided, however, that small springs and streams classified as trout streams which discharge an average annual flow of 25 gallons per minute or less shall have a 25-foot buffer or they may be piped, at the discretion of the landowner, pursuant to the terms of a rule providing for a general variance promulgated by the board, so long as any such pipe stops short of the downstream landowner's property and the landowner complies with the buffer requirement for any adjacent trout streams. The director may grant a variance from such buffer to allow land-disturbing activity, provided that adequate erosion control measures are incorporated in the project plans and specifications and are implemented. The following requirements shall apply to such buffer:

a.

No land-disturbing activities shall be conducted within a state waters trout stream buffer and said buffer shall remain in its natural, undisturbed, state of vegetation until all land-disturbing activities on the construction-site are completed. Once the final stabilization of the site is achieved, a state waters trout stream buffer may be thinned or trimmed by hand of vegetation as long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; provided, however, that any person constructing a single-family residence, when such residence is constructed by or under contract with the owner for his or her own occupancy, may thin or trim by hand vegetation in a state waters trout stream buffer at any time as long as protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed;

b.

The state waters trout stream buffer shall not apply to the following land-disturbing activities, provided that they occur at an angel, as measured from the point of crossing, within 25 degrees of perpendicular to the stream; cause a width of disturbance of not more than 50 feet within the buffer; and adequate erosion control measures are incorporated into the project plans and specifications and are implemented:

1.

Stream crossings for water lines; or

2.

Stream crossings for sewer lines;

(17)

The project shall be posted with a sign approved by the commissioner and visible both to the street and site workers to notify the public of the erosion and sedimentation control ordinance and city's soil erosion hotline telephone number;

(18)

Land-disturbing activities shall not pose an imminent threat to public health or waters of the state. Imminent threats to public health or waters of the state include, but are not limited to, tracking sediment onto a public or private street, encroaching into a state waters buffer, or sedimentation of the municipal separate storm sewer system;

(19)

Topsoil, if present, shall be stockpiled and reused on the site to the maximum extent practicable; and

(20)

Sedimentation of a watercourse in connection with a land-disturbing activity shall be remediated in accordance with a remedial plan prepared by a design professional and approved by the department. From and after the effective date of this ordinance, sedimentation of a watercourse in connection with a land-disturbing activity shall constitute a nuisance per se and shall be unlawful. The solicitor or city attorney is authorized to file such actions as may be necessary to remedy the sedimentation of a watercourse in connection with a land-disturbing activity, including a petition for a restraining order. injunction, abatement, or any other appropriate legal action or proceeding in a court of competent jurisdiction to prevent, restrain, or abate an unlawful use or activity.

(d)

No person shall conduct land-disturbing activity within a riparian buffer without first obtaining an authorized encroachment in accordance with Article VII Chapter 74 of the Atlanta City Code.

(e)

No land-disturbing activity shall commence prior to a pre-construction meeting between the city and the person or persons responsible for the installation and maintenance of the erosion and sedimentation control measures. Such meeting shall be held on the site where the land-disturbing activity is to occur.

(f)

Final stabilization and final sign-off. Following the completion or cessation of land-disturbing activities at a site, all unpaved areas and areas not covered by permanent structures shall be uniformly covered (100 percent of the soil within the disturbed area) with permanent vegetation with a density of 70 percent or greater, or equivalent permanent stabilization measures, including, but not limited to, rip rap, gabions, permanent mulches, or geotextiles. A final sign-off by the department of watershed management shall be required for all projects involving land-disturbing activities, and said sign-off shall occur prior to the issuance of a certificate of occupancy or the recording of any final plat.

(Ord. No. 2004-48, § 3, 8-20-04; Ord. No. 2010-43(10-O-0808), § 9, 7-27-10)