§ 74-302. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(1)

Authorized encroachment means development in. the buffer authorized by the commissioner allowing an activity otherwise prohibited by this article.

(2)

Applicant means the person who applies for an authorized encroachment and who must be the owner of the real property containing the buffer or an authorized agent of the owner.

(3)

Best management practices (BMPs) means a collection of sound conservation and engineering practices, and vegetative measures to prevent or 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 referenced in section 74-302(16).

(4)

Buffer means the area of land lying adjacent to a wetland or stream in which development is prohibited or limited as more particularly set out in section 74-303.

(5)

City means City of Atlanta.

(6)

Commissioner means the commissioner of the department of watershed management or a designee.

(7)

Department means the department of watershed management or its successor agency.

(8)

Development means any human-made change to improved or unimproved property that includes, but is not limited to, construction of buildings or other structures, mining, dredging, filling, clearing and grubbing, clearing, grading, paving, installation of impervious cover, excavation or drilling, storage of equipment or materials, or any construction activity.

(9)

Effective date means the date of adoption by city council and approval by the mayor of the Riparian Buffer Ordinance on December 11, 2001.

(10)

EPD means the Environmental Protection Division of the State of Georgia Department of Natural Resources.

(11)

Existing lot means a parcel of land that was both:

(i)

approved by the director of the bureau of planning or incorporated in the city's official cadastral maps prior to the effective date, or approved later than the effective date but was initiated by an application for subdivision completed and filed on or before May 25, 2001, with all necessary supporting documentation according to the Atlanta City Code, and

(ii)

recorded in the records of the Clerk of the Superior Court of Fulton or DeKalb County.

(12)

Extreme hardship means a unique or special condition more particularly set out in section 74-306(b)(3) proposed by an applicant as grounds for the grant of an authorized encroachment on a new lot.

(13)

Georgia Stormwater Management Manual means the guide, First Edition (August 2001 or as updated), published by the Atlanta Regional Commission and adopted by reference in section 74-508 of the Atlanta City Code, and commonly referred to as the "Blue Book." The Georgia Stormwater Management Manual is currently available from the Metropolitan North Georgia Water Planning District ( http://www northgeorgiawater.com or http://www georgiastormwater.com ).

(14)

Hardship means a unique or special condition, more particularly set out in section 74-306(a)(1), and not to include lesser property value by comparison to properties in the vicinity, proposed by an applicant as grounds for the grant of an authorized encroachment.

(15)

Impervious cover or surface means any paved, hardened, or structural surface, regardless of material. Impervious cover or surface includes, but is not limited to buildings, rooftops, driveways, streets, roads, parking lots, swimming pools, dams, gaming courts, decks, any concrete or asphalt, and any other surfaces or structures that will substantially reduce or prevent the infiltration of water.

(16)

Manual for Erosion and Sedimentation Control in Georgia means the guide published by the Georgia Soil and Water Conservation Commission specified in O.C.G.A. § 12-7-6(b) and adopted by reference in section 74-40(a) of the Atlanta City Code and commonly referred to as the "Green Book." The Manual for Erosion and Sedimentation and Control in Georgia is currently available from the Georgia Soil and Water Conservation Commission ( http://www.gaswcc.org ).

(17)

Mitigation means measures undertaken to protect, restore, or enhance a stream, wetland, or buffer in order to compensate for or reduce the adverse impacts of development within a stream, wetland, or buffer, and more particularly set out in section 74-306(d).

(18)

New lot means a parcel of land that:

(i)

was approved by the director of the bureau of planning after the effective date, and was not initiated by an application for subdivision completed and filed on or before May 25, 2001, and;

(ii)

is recorded in the records of the Clerk of the Superior Court of Fulton or DeKalb County.

(19)

Normal stream flow means any stream flow that consists of base flow during any period of the year under normal meteorological conditions. Base flow results from groundwater that enters the stream channel through sub-surface flow and includes spring flows into streams. Base flow does not include surface water entering stream channels immediately after precipitation.

(20)

On-site sewage management system means a system that includes a septic tank, absorption field and any other elements intended to be used for management and disposal of sewage on-site, as specified in GA Comp. R. & Regs. § 290-5-26-.02(gg) and as regulated by O.C.G.A. §§ 12-5-20 et seq.

(20.1)

Redevelopment means a development project on a previously developed site.

(21)

Stream means any watercourse that sustains normal stream flow during any period of the year under normal meteorological conditions.

(22)

Stream channel means the portion of a watercourse in a well-defined channel that contains the base flow of the stream.

(23)

Technical panel means at least three department of watershed management staff professionals designated by the commissioner in accordance with section 74-307 who hold periodic meetings, develop procedures, make determinations, and maintain the public record in order to process applications for authorized encroachments.

(24)

Waters of the state means any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, and other bodies of surface or subsurface water, natural or 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, as provided by O.C.G.A. § 12-7-3(16).

(25)

Well means an excavation or constructed opening into the ground from which groundwater is sought or obtained.

(26)

Wetlands means those areas, delineated in accordance with the U.S. Army Corps of Engineers Wetlands Delineation. Manual, 1987 as amended that under normal conditions contain hydric soils, hydrophytic vegetation, and hydrologic conditions reflecting temporary or permanent inundation or saturation by surface or ground water. Wetlands generally include swamps, marshes, bogs, and similar areas and typically support a prevalence of vegetation adapted for life in saturated soil conditions.

(27)

Wrested vegetation, point of means that point at the edge of a stream where vegetation has been moved or wrested as a result of normal stream flow or wave action.

(Ord. No. 2001-100, § 3, 12-11-01; Ord. No. 2002-21, § 3, 3-26-02; Ord. No. 2010-13(10-O-0058), § 3, 4-27-10; Ord. No. 2012-01(11-O-1840), § 3, 1-26-12)