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14-1 I P a g e Article 14 Environmental Regulations Table of Contents 14-1 Chapter 14.1 Groundwater Recharge Area 14-2 Section 14.1.1 Purpose and Intent 14-2 Section 14.1.2 Establishment of a Groundwater Recharge Area District 14-2 Section 14.1.3 Determination of Pollution Susceptibility 14-2 Section 14.1.4 Permit Requirements and Enforcement 14-2 Section 14.1.5 Significant Groundwater Recharge Area Protection Standards 14-4 Section 14.1.6 Judicial Review – Alternative Actions 14-4 Section 14.1.7 Assessment Relief 14-5 Chapter 14.2 Wetlands Protection 14-5 Section 14.2.1 Purpose and Intent 14-5 Section 14.2.2 Relationship to Zoning 14-5 Section 14.2.3 Permit Requirements 14-5 Section 14.2.4 Permitted Uses 14-6 Section 14.2.5 Temporary Emergency Permit 14-7 Section 14.2.6 Site Plans 14-8 Section 14.2.7 Judicial Review 14-8 Section 14.2.8 Map Amendments 14-9 Section 14.2.9 Relief Assessments 14-9 Chapter 14.3 Watershed Protection District 14-9 Section 14.3.1 Purpose and Intent 14-9 Section 14.3.2 District Established 14-9 Section 14.3.3 Site Plan Required 14-10 Section 14.3.4 Exemptions from Site Plan 14-10 Section 14.3.5 Activities to Comply with Site Plan 14-10 Section 14.3.6 Permit Requirements and Compliance 14-10 Section 14.3.7 Temporary Emergency Permit 14-11 Section 14.3.8 Land Use Restrictions – Exemptions 14-11 Section 14.3.9 Water Quality Critical Areas 14-11 Section 14.3.10 Limited Development Areas 14-11 Section 14.3.11 Impervious Surface Requirements 14-12 Section 14.3.12 Stream Buffer Requirements 14-12 Section 14.3.13 Septic Tank Drain Field Restrictions 14-12 Section 14.3.14 Runoff and Drainage 14-13 Section 14.3.15 Amendments 14-13 Section 14.3.16 Assessment Relief 14-13 Section 14.3.17 Application to Partially Complete Projects 14-13 Section 14.3.18 Enforcement 14-13 ---PAGE BREAK--- 14-2 I P a g e Chapter 14.1 Groundwater Recharge Area Section 14.1.1 Purpose and Intent It is essential that the quality of Morgan County’s public drinking water be insured. It is therefore necessary to protect the subsurface water resources that Morgan County and the surrounding communities rely on as sources of public water. Groundwater resources are contained within Groundwaters, which are permeable rock strata occupying vast regions of the subsurface. These Groundwaters are replenished by infiltration of storm water runoff in zones of the surface known as Groundwater Recharge Areas. Groundwaters are 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. The purpose of this Chapter is to: • Protect the Groundwater by prohibiting land uses that generate dangerous pollutants in recharge areas; • Protect the Groundwater by limiting density of development; • Protect the Groundwater by ensuring that the development that occurs within the recharge area shall have no adverse effect on Groundwater quality. Section 14.1.2 Establishment of a Groundwater Recharge Area District A Groundwater Recharge Area District is hereby established which shall correspond to all lands within Morgan County that are mapped as most Significant Groundwater Recharge Areas by the Georgia Department of Natural Resources in Georgia, Pollution Susceptibility Map, Hydrologic Atlas 20, latest edition. Section 14.1.3 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, Hydrologic Atlas 20. Section 14.1.4 Permit Requirements and Enforcement No development plan will be approved by the Morgan County Board of Commissioners unless the permit request or plan is in compliance with the groundwater protection standards listed in this Chapter. • Enforcement: The Morgan County Board of Commissioners or their designee shall have authority to enter upon privately owned land for the purpose of performing their duties under this Chapter and may take or cause to be made such examinations, surveys or sampling as the said governing authority or its designee deems necessary; When a building or other structure has been constructed in violation of this Chapter, the violator shall be required to remove the structure by the Morgan County Board of Commissioners; ---PAGE BREAK--- 14-3 I P a g e When removal of vegetative cover, excavation or fill has taken place in violation of this Chapter, the violator shall be required to restore the affected land to its original contours and to restore vegetation, as far as practicable. • Permit and Site Plan Requirement: All applications for a development permit within the Groundwater Recharge Area District shall include a site plan, with the exception of certain exempted activities identified in this Chapter. The following information is also required for all submitted site plans: A map, drawn to a scale of 1” = 50’, showing all planned improvements including the width, depth, and length of all existing and proposed structures, roads, water courses and drainage ways, water, wastewater and storm water facilities, and utility installations; Location, dimensions and area of all impervious surfaces, both existing and proposed; The orientation and distance from the boundaries of the proposed site to the nearest bank of an affected perennial stream or water body; Elevations of the site and adjacent land within 200 feet of the site at contour intervals of no greater than five feet; Location and detailed design of any spill and leak collection systems designed for the purpose of containing accidentally released hazardous or toxic materials; Calculations of the amount of cut and fill proposed and cross-sectional drawings showing existing and proposed grades in areas of fill or excavation. Elevations, horizontal scale and vertical scale must be shown on cross-sectional drawings; All other information requested by the Morgan County Director of Planning and Development. • Exemptions to Site Plan Requirements: The following activities and development are exempt from the requirement for detailed site plans: Single family detached dwellings constructed within a subdivision of fewer than three parcels; Repairs to a facility that is part of a previously approved and permitted development in Morgan County; Construction of accessory buildings, such as sheds or additions, to single family residences. • Activities to comply with the site plan: All development activities or site work conducted after approval of the site plan shall conform with all the specifications of said site plan. Significant changes to the site plan that would alter the amount and velocity of storm water runoff from the site, increase the amount of impervious surface within the development, alter the overall density of development, result in a considerable increase in the amount of excavation, fill or removal of vegetation during construction, or otherwise result in an alteration of the overall appearance of the development as proposed, can be amended only with the approval of the Director of Planning and Development. ---PAGE BREAK--- 14-4 I P a g e • Duration of Permit Validity: If construction described in the development permit has not commenced within twelve (12) months from the date of issuance, the permit shall automatically expire; If construction described in the development permit is suspended or abandoned after work has commenced, the permit shall automatically expire twelve (12) months after the date that work ceased. Notice of pending expiration of the development permit shall be given by the Director of Planning and Development. • Review Procedures: A review is conducted by the Morgan County Planning Commission, which may recommend approval, approval with conditions or disapproval of the permit application. The Planning Commission must transmit its recommendation to the Board of Commissioners within sixty (60) days of the public hearing. If the Planning Commission fails to submit its recommendations within the sixty (60) day period, it is deemed to have recommended approval of the permit application. The Board of Commissioners shall vote on the permit application, and may approve, approve with conditions, or deny the application. Within seven days of its decision, the Board of Commissioners or its designee shall notify the applicant. If the Board of Commissioners fails to act on the application within sixty (60) days of the submission to the Board of Commissioners by the Planning Commission, the application is deemed to have been approved. • Denial: If the permit is denied by the Board of Commissioners, then the same permit application cannot be considered until the expiration of at least six months immediately following the denial of the permit by the Board of Commissioners. Section 14.1.5 Significant Groundwater Recharge Area Protection Standards • No new waste disposal facilities shall be permitted within any Significant Groundwater Recharge Area; • No land disposal of hazardous waste shall be permitted within any Significant Groundwater Recharge Area; • The handling and/or storage of hazardous materials shall take place on an impermeable surface having spill and leak protection approved by the Georgia Department of Natural Resources, Environmental Protection Division (EPD); • New above-ground chemical or petroleum storage tanks larger than 650 gallons must have secondary containment for 110 percent of tank volume of 110 percent of the largest tanks in a cluster of tanks. Tanks used for agricultural purposes are exempt if they comply with all Federal and State of Georgia regulations; • New agricultural waste impoundment sites shall be lined. As a minimum, the liner shall be constructed or compacted clay having a thickness of one foot and must meet the vertical hydraulic conductivity criteria established by the Natural Resources Conservation Service. Section 14.1.6 Judicial Review – Alternative Actions Based on any proceedings and the decisions of the Morgan County Superior Court, the Morgan County Board of Commissioners may, within the time specified by the court, elect to: ---PAGE BREAK--- 14-5 I P a g e • Institute negotiated purchase or condemnation proceedings to acquire an easement or fee interest in the applicant’s land; • Approve the permit application with lesser restrictions or conditions (i.e. grant a variance); • Institute other appropriate actions ordered by the court that fall within the jurisdiction of the Morgan County Board of Commissioners. Section 14.1.7 Assessment Relief Assessors and boards of assessors shall consider the requirements of these regulations in determining the fair market value of land. Chapter 14.2 Wetlands Protection Section 14.2.1 Purpose and Intent The wetlands within Morgan County, Georgia, are indispensable and fragile natural resources with significant development constraints due to flooding, erosion and soils limitations. In their natural state, wetlands serve man and nature. They provide habitat areas for fish, wildlife and vegetation; water quality maintenance and pollution control; flood control; erosion control; natural resource education; scientific study; and open space and recreational opportunities. In addition, the wise management of forested wetlands is essential to the economic well-being of many communities within the State of Georgia. Nationally, a considerable number of these important natural resources have been lost or impaired by draining, dredging, filling, excavating, building, pollution and other acts. Piecemeal or cumulative losses will, over time, destroy additional wetlands. Damaging or destroying wetlands threatens public safety and the general welfare. It is therefore necessary for Morgan County to ensure maximum protection for wetlands by discouraging activities that may adversely affect wetlands. The purpose of this Chapter is to promote wetland protection, while taking into account varying ecological, economic development, recreational and aesthetic values. Activities that may damage wetlands should be located on upland sites to the greatest degree practicable as determined through a permitting process. The objective of this Chapter is to protect wetlands from alterations that will significantly affect or reduce their primary functions for water quality, floodplain, and erosion control, groundwater recharge, aesthetic nature and wildlife habitat. Section 14.2.2 Relationship to Zoning The Wetland Protection Zoning District shall comprise an overlay zoning district that supplements and is indicated on the aforesaid Morgan County Zoning Map. Section 14.2.3 Permit Requirements No regulated activity will be allowed within the Wetland Protection Zoning District without written permission from the Morgan County Board of Commissioners in the form of a local development permit. Issuance of a local development permit is contingent on full compliance with the terms of this Chapter and all other applicable regulations. All activities that are not identified in this Chapter shall be prohibited without prior issuance of a local development permit. The Director of Planning and Development shall ---PAGE BREAK--- 14-6 I P a g e review and compare the applicant’s proposal for land disturbance or development to the generalized wetlands map. Based on the foregoing review and comparison, the Director of Planning and Development shall determine whether a determination from the US Army Corps of Engineers is required. If the area proposed for development is located within fifty (50) feet of the Wetland Protection Zoning District boundary, as determined from the Generalized Wetland Map, a US Army Corps of Engineers determination shall be required. If the Corps determines that wetlands are present on the proposed development site and that a Section 404 Permit or Letter of Permission is required, a local development permit will be issued only following issuance of the Section 404 Permit or Letter of Permission. • Application: An application shall be submitted pursuant to this Chapter and this Ordinance. At the time of the application, the applicant shall pay a filing fee as specified by the Morgan County Board of Commissioners. Filing fees of the larger of $500.00, or $100.00 per acre, may be required to evaluate the application. This fee may be used to retain expert consultants who will provide services pertaining to functional assessment, mitigation and wetland boundary determinations as deemed necessary by the Director of Planning and Development. All fees required in this Chapter are in addition to all other fees required to be paid to any Federal, State or Local government. • Duration of Permit: If construction described in the development permit has not commenced within 12 months from the date of issuance, the permit shall expire: If construction described in the development permit is suspended or abandoned after work has commenced, the permit shall expire twelve (12) months after the date that work ceased; Written notice of the pending expiration of the development permit shall be issued by the Director of Planning and Development. • Penalties: When a building or structure has been constructed in violation of this Chapter, the violator may be required to remove the structure at the discretion of the Director of Planning and Development; When removal of vegetative cover, excavation or fill has taken place in violation of this Chapter, the violator may be required to restore the affected land to its original contours and to restore vegetation, as far as practicable, at the discretion of the Director of Planning and Development; If the Director of Planning and Development discovered a violation of this Chapter that also constitutes a violation of any provision of the Clean Water Act, as amended, the Board of Commissioners shall issue written notification of the violation to the US Environmental Protection Agency, the US Army Corps of Engineers and the landowner. • Suspension or Revocation: The Director of Planning and Development may suspend or revoke a permit if he finds that the applicant has not complied with the scope of work set forth in the permit. The Director of Planning and Development shall cause notice of denial, issuance, conditional issuance, revocation or suspension of a permit to be published in a newspaper having a broad circulation in the area where the wetland is located. Section 14.2.4 Permitted Uses The following uses shall be allowed as of right within a Wetland Protection Zoning District, to the extent that they are not prohibited by any other article or law, including laws of trespass, and provided they do not require structures, grading, fill, draining or dredging, except as provided herein. The activities listed below are exempted from Section 404 regulations, provided they do not have impacts on a navigable ---PAGE BREAK--- 14-7 I P a g e waterway that would necessitate acquisition of an individual 404 permit. However, under Section 10 of the Rivers and Harbors Act, a permit may be required in some circumstances. • Conservation or preservation of soil, water, vegetation, fish and other wildlife, provided it does not affect waters of Georgia or of the United States in such a way that would require an individual 404 Permit. • Outdoor passive recreational activities, including fishing, bird watching, hiking, boating, horseback riding and canoeing; • Forestry practices applied in accordance with best management practices approved by the Georgia Forestry Commission and as specified in Section 404 of the Clean Water Act; • The cultivation of agricultural crops: Agricultural activities shall be subject to Best Management Practices approved by the Georgia Department of Agriculture; • The pasturing of livestock, provided that riparian wetlands are protected, that soil profiles are not disturbed and that approved agricultural Best Management Practices are followed; • Education, scientific research and nature trails. Section 404 does not require permits for normal, on-going silvicultural activities. However, Section 404 does list some required performance standards and fifteen (15) specific road construction Best Management Practices that must be followed in order to qualify for such an extension. Normal on-going agricultural activities are exempted from 404 regulations and do not require a permit. Normal agricultural activities include planting and harvesting of crops and pasturing of livestock. Under provisions of the Food Securities Act of 1985 (the so-called “Swampbuster Provisions”) eligibility for all US Department of Agriculture programs is denied to farms that convert wetlands to croplands. These programs include USDA price and income supports, disaster payments, crop insurance, Farmers Home Administration loans, Commodity Credit Corporation storage payments, farm storage facility loans, Conservation Reserve Program payments, and other programs under which payments are made to the farmer with respect to commodities produced. Section 14.2.5 Temporary Emergency Permit A temporary emergency permit can be issued by the Director of Planning and Development for the following reasons: • Maintenance or repair of lawfully located roads or structures and of facilities used in the service of the public to provide transportation, electric, gas, water, telephone, telegraph, telecommunication or other services, provided that such roads, structures or facilities are not materially changed or enlarged and written notice prior to the commencement of work has been given to the Director of Planning and Development and provided that the work is conducted using Best Management Practices to ensure that flow and circulation patterns and chemical and biological characteristics of the wetland are not impaired and that any adverse effect on the aquatic environment will be minimized; • Temporary water-level stabilization measures associated with ongoing silvicultural operations, provided that they are necessary to alleviate abnormally wet or dry conditions that would have an adverse impact on the conduct of silvicultural activities if not corrected; • Limited ditching, tilling, dredging, excavation or filling done solely for the purpose of maintaining or repairing existing drainage systems necessary for the cultivation of agricultural crops, provided that the maintenance or repair activity does not result in the impairment, alteration or loss of wetlands not previously subject to agricultural and silvicultural use under the terms and provisions of this Chapter; ---PAGE BREAK--- 14-8 I P a g e • Limited excavation and filling necessary for the repair and maintenance of piers, walkways, nature trails, observation decks, wildlife management shelters, boat docks or other similar water- related structures, provided that they are built on pilings to allow unobstructed flow of water and preserve the natural contour of the wetland. Section 14.2.6 Site Plans Applications for a local development permit within the Generalized Wetland Protection District shall include a site plan, drawn to a scale of 1” = 50’, with the following information: • A map of all planned excavation and fill, including calculations of the volume of cut and fill involved, cross-sectional drawings showing existing and proposed grades. Elevations, horizontal scale and vertical scale must be shown on the cross-sectional drawings; • A map of any wetland boundaries occurring within the site must be provided. This boundary may be included on other maps provided by the applicant; • Location, dimensions and area of all impervious surfaces, both existing and proposed, on the site and adjacent to the site for a distance of 200 feet; • The orientation and distance from the boundaries of the proposed site to the nearest bank of an affected perennial stream or water body; • Elevations of the site and adjacent lands within 200 feet of the site at contour intervals of not greater than two feet, and no greater than one foot for slopes less than or equal to two percent • Location and detailed design of any spill and leak collection systems designed for the purpose of containing accidentally released hazardous or toxic materials; • All proposed temporary disruptions or diversions of local hydrology. All development activities or site work conducted after approval of the site plan shall conform with the specifications of said site plan. The site plan may be amended only with the approval of the Director of Planning and Development. The Director of Planning and Development may require additional information deemed necessary to verify compliance with the provisions of this Chapter or to evaluate the proposed use in terms of the purposes of this Chapter or other applicable regulations. The Morgan County Board of Commissioners may require a performance bond up to the larger of $5,000.00, or $1,000.00 per acre of project area, and with surety and conditions sufficient to secure compliance with the conditions and limitations set forth in the permit. The particular amount and conditions of the bond shall be consistent with the purposes of this Chapter and in substantially the same form as shown in the Morgan County Development Regulations. In the event of a breach of condition of any such bond, Morgan County or its designee may collect such bond or institute an action in a court of competent jurisdiction upon such bond, and prosecute the same to judgment and execution. Section 14.2.7 Judicial Review Alternative Actions: Based on these proceedings and the decision of the court, the Morgan County Board of Commissioners may, within the time specified by the court, elect to: • Institute negotiated purchase or condemnation proceedings to acquire an easement or fee interest in the applicant’s land; • Approve the permit application with lesser restrictions or conditions (i.e. grant a variance); ---PAGE BREAK--- 14-9 I P a g e • Institute other appropriate actions ordered by the court that fall within the jurisdiction of the Morgan County Board of Commissioners. Section 14.2.8 Map Amendment This Chapter and the Generalized Wetland Map may, from time to time, be amended in accordance with procedures and requirements in the applicable statutes and as new information concerning wetland locations, soils, hydrology, flooding, or plant species peculiar to wetlands becomes available. Section 14.2.9 Relief Assessment Assessors and boards of assessors shall consider wetland regulations in determining the fair market value of land. Any owner of an undeveloped wetland who has dedicated an easement or entered into a conservation program with the government or a nonprofit organization restricting activities in a wetland shall have that portion of land assessed consistent with these restrictions. Such landowner shall also be exempted from special assessment on the wetland to defray the cost of municipal improvements such as sanitary sewers, storm sewers and water mains. Chapter 14.3 Watershed Protection District Section 14.3.1 Purpose and Intent In order to provide for the health, safety and welfare of the public and a healthy economic climate within Morgan County and surrounding communities, it is essential that the quality of public drinking water be ensured. The ability of natural systems to filter storm water runoff can be threatened by unrestricted development. Land disturbing activities associated with development can increase erosion and sedimentation, which threatens the storage capacity of reservoirs. In addition, storm water runoff, particularly from impervious surfaces, can introduce toxicants, nutrients and sediment into the drinking water supplies, making water treatment more complicated and expensive and rendering water resources unusable for recreation. Industrial land uses that involve the manufacture, use transport and storage of hazardous or toxic waste materials result in the potential risk of contamination of nearby public drinking water supplies. The purpose and intent of this zoning district is to establish measures to protect the quality of the present and future water supply of Morgan County, to minimize the transport of pollutants and sediment to the water supply; and to maintain the yield of the water supply watershed. Section 14.3.2 District Established The Watershed Protection District is hereby designated and shall comprise the land that drains to the water supply intake, from the stream bank to the ridge line of the watershed. The boundaries of the Watershed Protection District are defined by the ridge line of the watershed or by the political boundaries of Morgan County, where boundaries occur within the watershed. The boundaries shall be set at places readily identifiable on the Watershed Protection District Map. The Watershed Protection District overlies the Morgan County Zoning Map, and is herby incorporated and made part of this Chapter by reference. ---PAGE BREAK--- 14-10 I P a g e The Watershed Protection District includes small (Hard Labor Creek) and large (Oconee) water supply watersheds as identified below: The small water supply watershed is herein identified as: All areas located between Dixie Highway and Doster/Prospect Roads, west of Crawley Road, as shown on the Water Supply Watersheds Morgan County, Georgia, Map, latest addition, a copy of which is located in the office of the Director of Planning and Development, and which map is incorporated herein by reference. The large water supply watershed is herein identified as: All areas located north of US Highway 278, including the small water supply watershed, as shown on the Water Supply Watersheds Morgan County, Georgia, Map, latest addition, a copy of which is located in the office of the Director of Planning and Development, and which map is incorporated herein by reference. Section 14.3.3 Site Plan Required All forms of development within the Watershed Protection District shall be required to have a site plan prepared and approved according to the requirements of the Morgan County Development Regulations before any building permits or other development related permits may be issued or any land disturbing activity may take place. Section 14.3.4 Exemptions from Site Plan The following land use activities are exempted from the permit and site plan requirements of this Chapter: • Normal agricultural activities involving planting and harvesting of crops are exempted if they conform to the best management practices established by the Georgia Department of Agriculture; • Silvicultural activities must conform to best management practices established by the Georgia Forestry Commission; • Single family detached homes constructed less than one acre and not part of a subdivision; • Repairs to a facility that is part of a previously approved and permitted development; • Construction of accessory buildings or additions to single family residences. Section 14.3.5 Activities to Comply with Site Plan All development activities or site work conducted after approval of the site plan shall conform to the specifications of said site plan. Significant changes to the site plan that would alter the amount and velocity of storm water runoff from the site, increase the amount of impervious surface within the development, alter the overall density of development, result in a considerable increase in the amount of excavation, fill or removal of vegetation during construction or otherwise result in an alteration of the overall appearance of the development as proposed, can be amended only with the approval of the Director of Planning and Development or his/her designee. Section 14.3.6 Permit Requirements and Compliance Within the Watershed Protection District, no land disturbing activity, construction or other development may be conducted without a permit from the Morgan County Board of Commissioners or their designee, and must be in full compliance with the terms of this Chapter and other applicable regulations. All activities that are not permissible as of right or as a permitted conditional use shall be prohibited. ---PAGE BREAK--- 14-11 I P a g e Section 14.3.7 Temporary Emergency Permit Notwithstanding the provisions of this Ordinance or any other law to the contrary, the Board of Commissioners may issue a temporary land disturbance permit through oral or written authorization, provided a written permit is accomplished within five days, if it deems that an unacceptable threat to life or severe loss of property will occur if an emergency permit is not granted. The emergency permit may be terminated at any time without process upon a determination by the Board of Commissioners that the action was not or is no longer necessary to protect human life or the environment. The Board of Commissioners may, within 90 days of the emergency permit, require that the action be reconsidered as an after-the-fact permit, subject to any or all of the terms and provision of this Ordinance. Section 14.3.8 Land Use Restrictions – Exemptions The following activities are exempt from the requirements of this Chapter: • Any action proceeding under a temporary land-disturbance permit issued in response to an emergency; • Repairs to a facility that is part of a previously approved permitted development. Section 14.3.9 Water Quality Critical Areas In addition to the limitations on land use prescribed by the underlying zoning district, the following limitations on permitted uses shall apply to Water Quality Critical Areas: • Industries: No industries or any other businesses that distribute or warehouse industrial materials may be located in a Water Quality Critical Area; • Offices: Offices shall only be permitted on land parcels of no less than one acre and no office on a single parcel of land shall have more than 3,000 square feet of gross floor area. These restrictions shall not be construed as to prohibit residential or rural home occupations as defined in this Zoning Ordinance; • Commercial and Service Establishments: Uses that provide for the sale of motor fuel for motor vehicles are prohibited within a Water Quality Critical Area. Other commercial and service establishments shall only be permitted on land parcels of no less than one acre. No commercial or service establishments on a single parcel of land shall have more than 3,000 square feet of gross floor area. • Residential: There are no additional restrictions on the type of residential land use allowed within a Water Quality Critical Area; • Landfills and Waste Disposal: No landfills or wastewater disposal facilities of any kind (except for septic tanks approved by the County Health Department) shall be located within a Water Quality Critical Area; • Hazardous and Toxic Materials: No underground fuel or chemical storage tanks shall be allowed in a Water Quality Critical Area. No facilities that dispose of toxic or hazardous waste may be located within a Water Quality Critical Area. No industries or businesses classified as large quantity generators of hazardous waste may be located in a Water Quality Critical Area. Section 14.3.10 Limited Development Areas In addition to the limitations on land use prescribed by the underlying zoning district, the following limitations on permitted uses must apply to Limited Development Areas: ---PAGE BREAK--- 14-12 I P a g e • Industries: Only those industries that are not large quantity generators of hazardous waste may be located within a Limited Development Area; • There are no additional restrictions on the type of office land uses allowed within a Limited Development Area; • Commercial and Service Establishments: There are no additional limitations on the commercial and service establishments allowed within a Limited Development Area; • Residential: There are no additional restrictions on the type of residential land use allowed within a Limited Development Area; • Agriculture: There are no additional restrictions on the type of agricultural land use within a Limited Development Area; • Landfills and Waste Disposal: There are no additional restrictions on existing municipal solid waste landfills, inert landfills or construction and demolition landfills within the Limited Development Area. New landfills are allowed only if they provide liners and leachate collection systems. • Toxic and Hazardous Materials: No facilities that dispose of toxic or hazardous waste may be located within the Limited Development Area. Section 14.3.11 Impervious Surface Requirements No more than 25% of the land area of a single development located within the boundaries of a small water supply watershed may be covered by impervious surfaces. Developments in large water supply watersheds are governed by the impervious surface limitations of the underlying zoning district. Section 14.3.12 Stream Buffer Requirements and Restrictions For all perennial streams in Water Quality Critical and Limited Development Areas, an undisturbed vegetative buffer shall be maintained for a distance of one hundred (100) feet on both sides of the stream as measured from the stream banks. No impervious surface may be constructed within this buffer area. Notwithstanding any other provisions of this Chapter, forestry practices, in accordance with a forest management plan that incorporates best management practices (BMPs) approved by the Georgia Forestry Commission, shall be permissible in the buffer areas. Notwithstanding any other provisions of this Chapter, the continued cultivation of agricultural crops and the occasional pasturing of livestock shall be permissible within the buffer area, provided that the Best Management Practices of the Georgia Department of Agriculture are followed. Section 14.3.13 Septic Tank Drain Field Restrictions Septic tanks and septic tank drain fields shall not be located within one hundred and fifty (150) feet of all perennial streams as measured from the closest stream bank in Water Quality Critical and Limited Development Areas of the small water supply watershed, and the Water Quality Critical Areas for the large water supply watershed. ---PAGE BREAK--- 14-13 I P a g e Section 14.3.14 Runoff and Drainage New streets constructed within a Water Quality Critical Area shall not require any curb and gutter improvements additional to those required by this Ordinance or the Morgan County Development Regulations. New streets that cross perennial streams in a Water Quality Critical Area shall be designed in such a way as to avoid direct runoff from the paved surface into the stream they cross. Such design features shall be shown on the site plan. Section 14.3.15 Amendments These regulations and the Watershed Protection District Map may, from time to time, be amended in accordance with procedures and requirements in the general statutes and as new information becomes available. Section 14.3.16 Assessment Relief Assessors and boards of assessors shall consider the requirements of these regulations in determining the fair market value of land. Section 14.3.17 Application to Partially Complete Projects For any development that has received, before the effective date of this Chapter, either preliminary plat approval, site plan approval, building permit approval or other relevant permits provided by the Morgan County Board of Commissioners and for which substantial work has been completed or substantial investment made in reliance upon such a permit, any future work included in said plat or plan may be completed without being subject to the additional regulations imposed in this Chapter. Any significant additions, expansions or phases that deviate significantly from said plat or plan or that have not yet received a permit shall be subject to the provisions of this Chapter. Section 14.3.18 Enforcement The Morgan County Board of Commissioners, its agents, officers and employees, shall have authority to enter upon privately owned land for the purpose of performing their duties under this Chapter and may take or cause to be made such examinations, surveys or sampling as the Board of Commissioners deems necessary. The Director of Planning & Development is hereby designated as the administrator and enforcement for this Chapter. The Morgan County Board of Commissioners or its designee shall have authority to enforce this Chapter, issue permits hereunder, 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 actions may be recovered as damages against the violator. Violations of the standards contained in this Chapter are subject to penalties under Chapter 2.17 of this Ordinance. ---PAGE BREAK--- 14-14 I P a g e The Morgan County Board of Commissioners or its designee shall have the authority to issue cease and desist orders in the event of any violation of this Chapter. Cease and desist orders may be appealed to a court of competent jurisdiction. When a building or other structure has been constructed in violation of this Chapter, the violator shall be required to remove the structure. When removal of vegetative cover, excavation or fill has taken place in violation of this Chapter, the violator shall be required to restore the affected land to its original contours and to restore vegetation, as far as practicable.