§ 74-314. Relationships to other laws and regulations.

(a)

Relationship to O.C.G.A. § § 12-2-8 and 12-7-6.

(1)

The City of Atlanta Stream Buffer shall overlay the state waters buffer recognized by section 74-43(c)(15) of the Atlanta City Code, and created by O.C.G.A. §§ 12-2-8 and 12-7-6. If an applicant applies to EPD for a state waters buffer variance under O.C.G.A. § 12-7-6, the applicant must also apply with the city for an authorized encroachment, and these applications may be considered concurrently.

(2)

No provision of this article shall be interpreted as relaxing or exempting any requirement of O.C.G.A. §§ 12-2-8 or 12-7-6. The commissioner shall not grant an authorized encroachment to stream buffers otherwise regulated by the Environmental Protection Division, Department of Natural Resources, State of Georgia pursuant to O.C.G.A. § 12-2-8 absent the grant of a stream buffer variance from EPD.

(3)

Receiving a stream buffer variance from EPD from the operation of O.C.G.A. § 12-7-6 is not grounds for the commissioner to grant a similar authorized encroachment.

(b)

Relationship to the Metropolitan River Protection Act. No provision of this article shall be interpreted as relaxing or exempting any requirement of the Metropolitan River Protection Act, O.C.G.A. § 12-5-453. Further, the requirements of this article are intended to fulfill the requirements of the Metropolitan River Protection Act, O.C.G.A. 12-5-453, which mandate that local jurisdictions adopt regulations governing the use of all land which is in the drainage basin of any tributary flowing into the Chattahoochee River Corridor (2,000-foot Chattahoochee River Corridor), which at a minimum, include buffer areas of adequate width as determined by local governing authorities along all flowing streams in the drainage basin of any tributary, in which buffer areas there shall be no development.

(c)

Relationship to Chapter 74 Article VIII of the Atlanta City Code (Wetland Protection Regulation).

(1)

The commissioner shall not grant an authorized encroachment allowing development in a wetland under the jurisdiction of the United States Army Corps of Engineers pursuant to § 404 of the Clean Water Act absent the grant of a United States Army Corps of Engineers permit.

(2)

No section of this article shall be interpreted as relaxing or exempting any requirements of section 74-401 et seq. of the Atlanta City Code, § 404 of the Clean Water Act, or any jurisdictional wetland disturbance permitting procedures under the jurisdiction of the United States Army Corps of Engineers.

(3)

The City of Atlanta Wetland Buffer shall overlay any buffers or other protections that may be required by federal law. If an applicant applies to the Department of the Army for a wetland disturbance permit, the applicant must also apply with the city for an authorized encroachment, and these applications may be considered concurrently. Receiving a United States Army Corps of Engineers permit is not grounds for the commissioner to grant a similar authorized encroachment.

(d)

Relationship to O.C.G.A., 12-5-570 et seq. The water supply watershed buffer is adopted, effective January 13, 2009, pursuant to O.C.G.A. § 12-5-570 et seq. and GA Comp. R. & Regs. §§ 391-3-16.01 et seq.

As required by O.C.G.A. § 12-5-570 et seq., from and after January 13, 2009, new facilities located within seven miles of a water supply intake or water supply reservoir that handle hazardous materials of the types and amounts determined by the Department of Natural Resources, State of Georgia, shall perform their operations on impermeable surfaces having spill and leak collection systems as prescribed by the Department of Natural Resources, State of Georgia.

(e)

Relationship to Chapter 74 Article II of the Atlanta City Code (Soil Erosion and Sedimentation Control). Erosion and sedimentation control best management practices as set forth in Chapter 74 Article II of this Code shall be implemented to prevent the migration of any sediment into a stream, wetland, waters of the state, or buffer, if such practices are not already required by this or other ordinances.

(f)

Relationship to plat approval process for lot creation. No new lot shall be created, and the commissioner shall not approve any preliminary or final subdivision plat, that requires an authorized encroachment in order to comply with minimum lot development requirements as set out in section 74-306(b)(1) or section 74-306(b)(2), or in Parts 15 and 16 of the City of Atlanta Land Development Code. In addition, the following requirements shall apply:

(1)

All riparian buffers shall be shown on the plat;

(2)

For any new development, the riparian buffer shall be physically delineated in accordance with City of Atlanta Buffer Revegetation Guidelines.

(g)

Conflict with other laws. No section of this ordinance shall be interpreted as relaxing or exempting any requirements of Chapter 74 Article II, Chapter 74 Article VI, or Chapter 158 Article II of the Atlanta City Code. In the event of a conflict between or among any provisions of this article, or any other laws, regulations, or policies, the requirements that are most protective of water quality shall apply. Violation of this article shall not preclude the prosecution of a violation of other sections of this Code which may apply.

(h)

Liability. Neither the issuance of a building permit nor compliance with this article shall relieve any person from civil liability to any person or property otherwise imposed by law, or constitute the assumption of such liability.

(Ord. No. 2001-100, § 3, 12-11-01; Ord. No. 2002-21, § 3, 3-26-02; Ord. No. 2009-01(08-O-2281), § 1, 1-13-09; Ord. No. 2010-13(10-O-0058), § 15, 4-27-10)