§ 74-305. Exemptions.

Subject to protection of the buffer to the maximum extent practicable and compliance with stream crossing requirements set out in section 74-304, the construction, operation, and maintenance of the following are exempt from the authorized encroachment requirements of section 74-306:

(a)

Existing public streets, utilities, and related appurtenances;

(b)

Stream crossings for public or private utility lines, and for streets and stormwater infrastructure and related appurtenances required to be dedicated to the city;

(c)

Public drinking water, public wastewater, and public stormwater infrastructure and related appurtenances and treatment facilities;

(d)

Multi-use trails, pedestrian bridges, and associated appurtenances listed in the City of Atlanta Comprehensive Development Plan; provided, however, section 74-306(d) shall apply;

(e)

A single driveway necessary to provide access to an existing lot;

(f)

Environmental monitoring and remediation activities such as water quality monitoring, stream gauging activities, and soil and groundwater monitoring or remediation;

(g)

Removal of dead, dying, diseased, or hazardous trees, provided, however, no grading or stump removal shall be conducted, and such removal is authorized by the city arborist pursuant to section 158-26 et seq. of the Atlanta City Code;

(h)

Removal without replacement of existing impervious cover from the buffer; and

(i)

Activities on owner-occupied. single-family, residential lots to protect, restore, or enhance stream bank stability, vegetation, water quality, or aquatic habitat, or minor land disturbing activities as set out in O.C.G.A. § 12-7-17(3); provided, however, no grading shall be conducted.

(Ord. No. 2001-100, § 3, 12-11-01; Ord. No. 2002-21, § 3, 3-26-02; Ord. No. 2010-13(10-O-0058), § 6, 4-27-10)