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GROUNDWATER RECHARGE PROTECTION ORDINANCE FOR AUGUSTA, GEORGIA ---PAGE BREAK--- Development Document #12 Augusta-Richmond County, Georgia January 1999 ORDINANCE NO. AN ORDINANCE TO AMEND TITLE 8 OF THE AUGUSTA- RICHMOND COUNTY CODE SO AS TO ADD A NEW CHAPTER 6 ENTITLED "GROUNDWATER RECHARGE AREA PROTECTION"; TO PROVIDE AN EFFECTIVE DATE; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE AUGUSTA-RICHMOND COUNTY COMMISSION AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME AS FOLLOWS: Section 1. The Augusta-Richmond County Code, Title 8, is hereby amended by ---PAGE BREAK--- adding a new Chapter 6 as follows: CHAPTER 6 GROUNDWATER RECHARGE PROTECTION § 8-6-1. AUTHORITY. The Official Code of Georgia Annotated § 12-2-8 requires that certain minimum standards shall be adopted by local governments to protect groundwater recharge areas. This Ordinance conforms to these minimum standards and also the minimum standards of Chapter 391-3-316, Rules for Environmental Planning Criteria, Georgia Department of Natural Resources Environmental Planning Division. ---PAGE BREAK--- § 8-6-2 SHORT TITLE This Ordinance shall be known as the Groundwater Recharge Area Protection Ordinance of Augusta, Georgia. § 8-6-3 PURPOSE In order to provide for the health, safety and welfare of the public and a healthy economic climate within Augusta, Georgia and surrounding communities, it is essential that the quality of public drinking water be ensured. For this reason, it is necessary to protect the subsurface water resources that Augusta, Georgia and surrounding communities rely on as sources of public water. Groundwater resources are contained within aquafiers, which are permeable, rock strata occupying vast regions of ---PAGE BREAK--- subsurface. These aquafiers are replenished by infiltration of surface water runoff in zones of the surface known as groundwater recharge areas. Groundwater is susceptible to contamination when unrestricted development occurs within significant groundwater recharge areas. It is, therefore, necessary to manage land use within groundwater recharge areas in order to ensure that pollution threats are minimized. § 8-6-4 OBJECTIVES The objectives of this ordinance are: a. Protect groundwater quality by restricting land uses that generate, use or store dangerous pollutants in recharge areas; b. Protect groundwater quality by limiting density of development; and ---PAGE BREAK--- c. Protect groundwater quality by ensuring that any development that occurs within the recharge area shall have no adverse effect on groundwater quality.; § 8-6-5 ESTABLISHMENT OF A GROUNDWATER RECHARGE AREA DISTRICT. A Groundwater Recharge Area District is hereby established which shall correspond to all lands within the jurisdiction of Augusta, Georgia except for those lands which lie to the east of the Center of Georgia Railroad as shown on the map of Most Significant Groundwater Recharge Areas of Georgia. ---PAGE BREAK--- § 8-6-6 DETERMINATION OF POLLUTION SUSCEPTIBILITY. Each recharge area shall be determined to have a pollution susceptibility of high, medium, or low, based on the Georgia Pollution Susceptibility Map prepared by the Georgia Department of Natural Resources. § 8-6-7 PERMIT REQUIREMENTS, ADMINISTRATION, AND ENFORCEMENT. Within the Groundwater Recharge Area District, no building permit, site plan or subdivision plan will be approved by Augusta, Georgia unless the permit or plan is in compliance with the groundwater protection standards listed in § 8-6-11, § 8-6-8 PERMIT REQUIREMENT ---PAGE BREAK--- A building permit or a development permit within the Groundwater Recharge Area District shall not be issued until a site plan or subdivision plat, whichever is appropriate, has been reviewed and approved which illustrates compliance with the Groundwater Recharge Area Protection Ordinance. The requirements for site plans are to be found in the Site Plan Regulations for Augusta, Georgia, and the requirements for subdivision plats are to be found in the Subdivision Regulations for Augusta, Georgia. Those construction of development projects which are exempted under the Site Plan Regulations are likewise exempted form the requirements of this Ordinance. § 8-6-9 ADMINISTRATION The Executive Director of the Augusta-Richmond County Planning ---PAGE BREAK--- Commission is hereby designated as the administrator for this ordinance. § 8-6-10 ENFORCEMENT a. Augusta, Georgia, its agents, officers and employees shall have authority to enter upon privately owned land for the purpose of performing their duties under this ordinance and may take or cause to be made such examinations, surveys or sampling as Augusta, Georgia deems necessary. The Director of Public Works shall have authority to enforce this ordinance and address violations or threatened violations hereof by issuance of violation notices administrative orders and civil and criminal actions. All costs, fees and expenses in connection with such ---PAGE BREAK--- actions may be recovered as damages against the violator. b. Law enforcement officials or other officials having police powers shall have authority to assist the Director of Public Works in enforcement. c. Any person who commits, takes part in or assists in any violation of any provision of this Ordinance shall be fined not more than $500 for each offense. Each violation shall be a separate offense and, in the case of continuing violation, each day’s continuance shall be deemed to be a separate and distinct offense. d. The Director of Public Works shall have the authority to issue cease ---PAGE BREAK--- and desist orders in the event of any violation of this Ordinance. Cease and desist orders may be appealed to a court of competent jurisdiction, as identified in § 8-6-12. e. When a building or other structure has been constructed in violation of this Ordinance, the violator shall be required to remove the structure. f. When removal of vegetative cover, excavation or fill has taken place in violation of this Ordinance, the violator shall be required to restore the affected land to its original contours and to restore vegetation, as far as practicable. ---PAGE BREAK--- § 8-6-11 GROUNDWATER PROTECTION STANDARDS Within the Groundwater Recharge Area District, the following minimum standards shall apply: a. Waste Disposal Facilities. All new waste disposal facilities must have liners and leachate collection systems. b. Agricultural Impoundments. New agricultural impoundments shall meet the following requirements: a. For areas of high susceptibility, a liner shall be provided that is approved by the U. S. Soil Conservation Service (SCS). ---PAGE BREAK--- (ii) For areas of medium susceptibility, an SCS- approved liner shall be provided if the site exceeds 15 acre feet. a. Land Disposal. No land disposal of hazardous waste shall be permitted within any Significant Groundwater Recharge Area. b. Spill and Leak Protection. For all Significant Groundwater Recharge Areas, the handling, storage and disposal of hazardous materials shall take place on an impermeable surface having spill and leak protection approved by the Georgia Department of Natural Resources, Environmental ---PAGE BREAK--- Protection Division (EPD). c. Secondary Containment. For all Significant Groundwater Recharge Areas, new above-ground chemical or petroleum storage tanks larger than 660 gallons must have secondary containment for 110 percent of tank volume or 110 percent of the largest tanks in a cluster of tanks. d. Wastewater Basins. For High Pollution Susceptibility Areas, new waster-water treatment basins shall be an impermeable liner approved by EPD. e. Stormwater Basins. For High Pollution Susceptibility Areas, no new stormwater infiltration basins may be constructed. ---PAGE BREAK--- f. Wastewater Spray and Sludge Operation. For High Pollution Susceptibility Areas, wastewater spray irrigation systems or the land spreading of wastewater sludge shall be practiced in accordance with Department of Natural Resources criteria for slow rate land treatment. An application for a development permit for activities involving wastewater spray irrigation or land spreading of wastewater sludge must be accompanied by proof that the applicant has received a Land Application System permit from EPD. g. Minimum Lot Sizes and Septic Systems. New homes served by septic tank/drain systems shall conform to minimum lot size requirements identified in Tables ---PAGE BREAK--- 1-3 below. (Note: No construction may proceed on a building permit or mobile home to be served by a septic tank without approval of the proposed septic system by the Richmond County Health Department). The following shall be exempted from all provisions of this Ordinance related to lot size: a. Lots which are included on an "Overall Concept Plan" per Section 104.3 of the Subdivision Regulations, or a "Sketch Plan" per Section 200.1 of the Subdivision Regulations and submitted prior to 5:00 p.m. on the date of adoption of this Ordinance; and ---PAGE BREAK--- b. Lots which are included on a "Development Plan" per Article III of the Subdivision Regulations and submitted prior to 5:00 p.m. on December 31, 1998; and c. "Lots of record" (as defined herein) prior to 5:00 p.m. on December 31, 1998. TABLE 1: Minimum Lot Size Requirements. Source: DHR Manual for On-Site Sewerage Management Systems. ---PAGE BREAK--- Pollution Susceptibility New Homes Served by Septic Systems New Mobile Homes Served by Septic Systems High 150% of minimum lot sizes specified in Table 2 150% of minimum lot sizes specified in Table 3 Medium 125% of minimum lot sizes specified in Table 2 125% of minimum lot sizes specified in Table 3 Low 110% of minimum lot sizes specified in Table 2 110% of minimum lot sizes specified in Table 3 TABLE 2. Single Family Home Minimum Lot Size where served by On-Site Septic Tank Systems. Source: DHR Manual for On-Site Sewerage Management Systems. SOIL GROUP (SEE APPENDIX) SLOPE OF LOT 1 2 3 4 5 MINIMUM LOT SIZE SQUARE FEET 0-5 30000 390000 48000 51000 60000 5-15 33000 42000 51000 54000 66000 15-25 36000 45000 54000 57000 N/A 25-35 39000 48000 57000 60000 N/A ---PAGE BREAK--- TABLE 3. Mobile Home Parks Lot Size where served by On-Site Septic Tank Systems. Source: DHR Manual for On-Site Sewerage Management Systems. SOIL GROUP (SEE APENDIX) SLOPE OF LOT 1 2 3 4 5 MINIMUM LOT SIZE SQUARE FEET 0-5 10000 13000 16000 17000 20000 5-15 11000 14000 17000 18000 22000 15-25 15000 18000 18000 19000 N/A 25-35 13000 16000 19000 20000 N/A § 8-6-12 JUDICIAL REVIEW. a. Jurisdiction. All final decision of Augusta, Georgia concerning detail, approval or conditional approval of a permit shall be reviewable by appeal to the Superior ---PAGE BREAK--- Court of Richmond County. The procedure for said appeal shall be the same as an appeal to the Superior Court from any decision made by the Probate Court as provided by the laws of Georgia, except that said appeal shall be filed within thirty (30) days from the date of the decision of denial, approval or conditional approval; and upon failure to file said appeal within thirty (30) days, the decision of denial, approval or conditional approval shall be final. b. Alternative Actions. Based on these proceedings and the decision of the court, Augusta, may within a time specified by the court, elect to: ---PAGE BREAK--- a. Institute negotiated purchase or condemnation proceedings to acquire an easement or fee interest in the applicant’s land; (ii)Approve the permit application with lesser restrictions or conditions grant a variance); or (iii) Institute other appropriate actions ordered by the court that fall within the jurisdiction of Augusta, Georgia. § 8-6-13 AMENDMENTS These regulations may, from time to time, be amended in accordance with procedures and requirements in the general statutes and as new information becomes ---PAGE BREAK--- available. § 8-6-14 ASSESSMENT RELIEF. Assessors and boards of assessors shall consider the requirements of these regulations in determining the fair market value of land. § 8-6-15 SEPARABILITY AND ABROGATION. All sections and subsections of this ordinance are considered separate and distinct. Should any section, subsection, paragraph or part of this ordinance be declared ---PAGE BREAK--- by a court of jurisdiction to be invalid for any reason, it shall not invalidate any other section, subsection, paragraph or part of this ordinance. § 8-6-16 DEFINITIONS a. Aquifer – Any stratum (rock layer) or zone of rock beneath the surface of the earth capable of containing or producing water from a well. (Note: This is the same definition used in the Groundwater Use Act). b. Groundwater Recharge Area (synonymous with Aquifer Recharge Area) – An area of the Earth’s surface where water infiltrates the ground, thereby replenishing the groundwater supplies within an aquifer. ---PAGE BREAK--- c. Lot of Record – A parcel of land the dimensions of which are shown on a map on file with the Clerk of Superior Court of Richmond County, Georgia, or in common use by county officials, and which actually exists as so shown, or any part of such parcel held in a recorded ownership separate from the ownership of the remainder thereof. d. Pollution Susceptibility – The relative vulnerability of groundwater to pollution from chemical spills, leaching of pollutants from dump sites, animal waste from agricultural operations or pollution generated by other human activities. e. Pollution Susceptibility Map – Maps prepared by the Georgia ---PAGE BREAK--- Department of Natural Resources (DNR) that show the relative susceptibility of groundwater to pollution. Pollution susceptibility maps categorize the land areas of the State into areas of high, medium and low groundwater pollution potential. These maps are available at the office of the Augusta-Richmond County Planning Commission. f. Significant Groundwater Recharge Areas – Areas mapped by DNR in Hydrologic Atlas 18 (1989 Edition). Mapping of recharge areas is based on outcrop area, lithology (chemical nature and form of the rock), soil type and thickness, slope, density of lithologic contacts, geologic structure, presence of "karst" topography (sinkholes, caves and fissures associated with limestone and other carbonate rocks), ---PAGE BREAK--- and potentiometric surfaces. These maps are available at the office of the Augusta- Richmond County Planning Commission. Section 2. This Ordinance shall become effective on January 1, 1999, except that certain provisions related to lot size (Section 5.9) shall become effective immediately upon adoption. Section 3. All Ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. Duly adopted this 6 day of October, 1998, and this 20 day of October, 1998. ---PAGE BREAK--- Mayor Attest