§ 74-308. Contents of an application for an authorized encroachment.

(a)

Applicants shall apply for an authorized encroachment on a form supplied by the department and in a format specified by the department. An application shall include, at a minimum, the following showings by the applicant:

(1)

Documentation that the lot was recognized by the city either on or before the effective date of this ordinance (as defined herein), or after the effective date of this ordinance;

(2)

A written description of the project, including details of the buffer disturbance

(3)

Documentation of hardship or extreme hardship should the authorized encroachment application be denied;

(4)

Alternative plans which attempt to meet the same development goals as the original site plan while preventing buffer intrusion, and an explanation of why the alternative development is not feasible;

(5)

Demonstration that impact to the stream buffer will be minimized and that impact only occurs to the extent necessary to remove a hardship or extreme hardship;

(6)

Signature of the applicant; and

(7)

A site plan that depicts the physical characteristics of the property, including, at a minimum, the following:

(i)

Waters of the state, streams, wetland delineation, floodplain boundaries, other natural features, and all buffers as determined by a field survey;

(ii)

Property boundaries, size, existing and proposed topography, slopes, soil types, vegetation, and other relevant physical characteristics of the property;

(iii)

Locations of both existing and proposed structures, utilities, stormwater facilities, impervious surfaces, and the boundaries of the area of soil disturbance both inside and outside of the buffer. The area of the buffer to be impacted shall be accurately and clearly delineated, and shall show the total area and length of buffer disturbance;

(iv)

Erosion and sedimentation control measures in accordance with the Manual for Erosion and Sediment Control in Georgia to prevent the migration of sediment into streams, wetlands, or waters of the state;

(v)

100-year flood components for all streams with elevations and contour locations as they cross the property. Where 100-year flood elevations have been determined by the Federal Emergency Management Agency Flood Insurance Rate Maps, or where other studies deemed acceptable by the department exist, those elevations shall be used. In areas that have not been studied by the Federal Emergency Management Agency as shown on flood insurance rate maps, the commissioner may require a 100-year flood study prepared in accordance with Atlanta City Code Chapter 74, Article V, and prepared by a professional engineer or hydrogeologist currently licensed in the State of Georgia;

(vi)

Proposed mitigation for the buffer disturbance in accordance with section 74-306(d).

(b)

The commissioner may require other information deemed necessary to evaluate an application including, but not limited to, engineering analysis of stream dynamics, cross sections and profiles, details of proposed mitigation, and modifications to site plans.

(c)

The applicant shall certify that all information provided in the application and all supporting documentation is true and correct. The omission or misrepresentation of material fact in connection with the application shall be grounds for denial.

(Ord. No. 2001-100, § 3, 12-11-01; Ord. No. 2002-21, § 3, 3-26-02; Ord. No. 2010-13(10-O-0058), § 9, 4-27-10)