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08012005 August 1, 2005 Attachments 7 August 1, 2005 - ~---1],; ~ .... RoKNEWCOMB, WARD 2 ~ I 14_- j~GGlNS~ WADE S. LNENICKA, WARD 6 - ~a~ CHARLES PETE WOOD, WARD 7 '\. - ".",. t... 2005-30 Approved 8/1/2005 Map Ratified 9/6/05 City of Smyrna Stream Buffer Map 3 ~55 206 127 ~8~ 350 371 4~ 443 494 515 566587 638 "~10 ~y 782 803 ~~920 ~1 9861001h03ol ~ 3 156 205 12d 277 3 ~ 372 421 ~ 493 .~16 565588637 lea 709 733.-{O '- 11_2 ~ I~ 157 204!~ ~ ~1 348 373420 li'.-J..... 564589 _ 661 7J<8 73~' 7~ 805 851 18 IiilJ J 03~_. 3 \iiQ, 203 23 275 e~; ,,7 374 19 r \~S 518 6 ~~ 701 734 ~.,.. 87} ~ ~ h01 ~h058 r 159 .3...:.;:~ 27' 303 ~ 375 18 4471d &f9' 562 591 JV 706 ~ 178 807 y __ ~ 1~03C 10~ , ~ 160 ~ ~J"' 37.1 417 448 489 ~ 561 592 ~ ~ 70/1 ~ f!77 808 ~ ~9 9 1 102S 1060'- 1'rllf31 12ifo 233 zt: 30& 344~' 7 416 ':' ... 52~ 560 !f3 63 _;:: 37 n6 809 IU"t\ x 947 0 1061 6.9 199 234 211 ~ ..... >-- .~ --. /1Itfe6~ 738 ns ~10.~ ~ 91j-. ~79 ~o 71Otr.1' 1~ 198 ~5 270 1-3o}J~ ~ 414 45) ~ ~23 " ~ ...... 667. 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""7 290 2891, 286~ / 391 392 397 394 395 3961 \1' 39j ~ ~ I~ 408 140:1 4061 MJ5 404 403 Legend _ 50 Foot Buffer wf25 Foot Impervious Setback _ 100 Foot Buffer ---- Road -+-- Railroad ~ I' Prepared By City of Smyrna - Community Development Department 3180 AUanta Road Smyma, GA 30080 8/2105 N + 0 0.25 0.5 1 1.5 2 - MIteS Ordinance # 2005-30 - AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF SMYRNA, GEORGIA, BE AMENDED BY REVISING CHAPTER 46 ENVIRONMENT BY REPEALING SUBSECTIONS ((15) AND (16) OF SECTION 46-33 AND BY ENACTING ARTICLE VI STREAM BUFFER PROTECT/ONTO PROTECT THE PUBLIC HEALTH, SAFETY, ENVIRONMENT AND GENERALWELFARE AND TO MINIMIZE PUBLIC AND PRIVATE LOSSES DUE TO EROSION, SILTATION AND WATER POLLUTION, AND TO MAINTAIN STREAM WATER QUALITY BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That The Code of Ordinances, City of Smyrna, Georgia, be amended by repealing subsections (15) and (16) of Sec. 46-33 and by the addition of a section which shall read as follows: ARTICLE VI. STREAM BUFFER PROTECTION ORDINANCE Sec. 46-156. Title. - This ordinance shall be known as the "City of Smyrna Stream Buffer Protection Ordinance, " Sec. 46-157. Findings and Purposes. (a) Findings Whereas, the City Council of the City of Smyrna finds that buffers adjacent to streams provide numerous benefits including: (1) Protecting, restoring and maintaining the chemical, physical and biological integrity of streams and their water resources (2) Removing pollutants delivered in urban stormwater (3) Reducing erosion and controlling sedimentation (4) Protecting and stabilizing stream banks (5) Providing for infiltration of stormwater runoff (6) Maintaining base flow of streams - (7) Contributing organic matter that is a source of food and energy for the aquatic ecosystem 1 Ordinance # 2005-30 (8) Providing tree canopy to shade streams and promote desirable aquatic habitat - (9) Providing riparian wildlife habitat (10) Furnishing scenic value and recreational opportunity (11) Providing opportunities for the protection and restoration of greenspace (b) Purposes It is the purpose of this Ordinance is to protect the public health, safety, environment and general welfare; to minimize public and private losses due to erosion, siltation and water pollution; and to maintain stream water quality by provisions designed to: (1) Create buffer zones along the streams of the City of Smyrna for the protection of water resources; and, (2) Minimize land development within such buffers by establishing buffer zone requirements and by requiring authorization for any such activities. Sec. 46-158. Definitions. "Buffer" means, with respect to a stream, a natural or enhanced vegetated area (established by Section 5,1.1 below), lying adjacent to the stream. "Impervious Cover" means any manmade paved, hardened or structural surface regardless of material. Impervious cover includes but is not limited to rooftops, buildings, streets, roads, decks, swimming pools and any concrete or asphalt. "Land Development" means any land change, including but not limited to clearing, grubbing, stripping, removal of vegetation, dredging, grading, excavating, transporting and filling of land, construction, paving and any other installation of impervious cover. "Land Development Activity" means those actions or activities which comprise, facilitate or result in land development. "Land Disturbance" means any land or vegetation change, including, but not limited to, clearing, grubbing, stripping, removal of vegetation, dredging, grading, excavating, transporting and filling of land, that do not involve construction, paving or any other installation of impervious cover. "Land Disturbance Activity" means those actions or activities which comprise, facilitate or result in land disturbance, "Floodplain" means any land area susceptible to flooding, which would have at least a one percent probability of flooding occurrence in any calendar year based on the basin being fully developed as shown on the current land use plan; i.e., the regulatory flood. "Parcel" means any plot, lot or acreage shown as a unit on the latest county tax assessment records. "Permit" means the permit issued by the Community Development Department required for undertaking any land development activity ... ... 2 Ordinance # 2005-30 - "Person" means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, city, county or other political subdivision of the State, any interstate body or any other legal entity, "Protection Area, or Stream Protection Area" means, with respect to a stream, the combined areas of all required buffers and setbacks applicable to such stream, "Riparian" means belonging or related to the bank of a river, stream, lake, pond or impoundment. "Setback" means, with respect to a stream, the area established by Section 5,1.2 extending beyond any buffer applicable to the stream, "Stream" means any stream, beginning at: 1. The location of a spring, seep, or groundwater outflow that sustains streamflow; or 2. A point in the stream channel with a drainage area of 25 acres or more; or 3, Where evidence indicates the presence of a stream in a drainage area of other than 25 acres, the Community Development Department may require field studies to verify the existence of a stream, - "Stream Bank" means the sloping land that contains the stream channel and the normal flows of the stream. "Stream Channel" means the portion of a watercourse that contains the base flow of the stream, "Watershed" means the land area that drains into a particular stream. Sec 46-159. Applicability. This ordinance shall apply to all land development activity on property containing a stream protection area as defined in Section 3 of this ordinance, These requirements are in addition to, and do not replace or supersede, any other applicable buffer requirements established under state law and approval or exemption from these requirements do not constitute approval or exemption from buffer requirements established under state law or from other applicable local, state or federal regulations. (a) Grandfather Provisions This ordinance shall not apply to the following activities: (1) Work consisting of the repair or maintenance of any lawful use of land that is zoned and approved for such use on or before the effective date of this ordinance, (2) Existing development and on-going land disturbance activities including but not limited to existing agriculture, silviculture, landscaping, gardening and lawn maintenance, except that new development or land disturbance activities on such properties will be subject to all applicable buffer requirements. .... 3 Ordinance # 2005-30 (3) Any land development activity that is under construction, fully approved for development, scheduled for permit approval or has been submitted for approval as ofthe effective date ofthis ordinance, - (4) Land development activity that has not been submitted for approval, but that is part of a larger master development plan, such as for an office park or other phased development that has been previously approved within two years of the effective date of this ordinance, (b) Exemptions The following specific activities are exempt from this ordinance. Exemption of these activities does not constitute an exemption for any other activity proposed on a property, (1) Activities for the purpose of building one of the following: a stream crossing by a driveway, transportation route or utility line; public water supply intake or public wastewater outfall structures; public drainage structures or privately-owned drainage structures constructed pursuant to City-approved plans; intrusions necessary to provide access to a property; public access facilities that must be on the water including boat ramps, docks, foot trails leading directly to the river, fishing platforms and overlooks; unpaved foot trails and paths; activities to restore and enhance stream bank stability, vegetation, water quality and/or aquatic habitat, so long as native vegetation and bioengineering techniques are used. .... (2) Public sewer line easements paralleling the creek, except that all easements (permanent and construction) and land disturbance should be at least 25 feet from the top of the bank. This includes such impervious cover as is necessary for the operation and maintenance of the utility, including but not limited to manholes, vents and valve structures, This exemption shall not be construed as allowing the construction of roads, bike paths or other transportation routes in such easements, regardless of paving material, except for access for the uses specifically cited in Item 4,2.(1), above, (3) Land development activities within a right-of-way existing at the time this ordinance takes effect or approved under the terms of this ordinance. (4) Within an easement of any utility existing at the time this ordinance takes effect or approved under the terms of this ordinance, land disturbance activities and such impervious cover as is necessary for the operation and maintenance of the utility, including but not limited to manholes, vents and valve structures. (5) Emergency work necessary to preserve life or property, However, when emergency work is performed under this section, the person performing it shall - 4 ,..... (6) Ordinance # 2005-30 report such work to the Community Development Department on the next business day after commencement of the work. Within 10 days thereafter, the person shall apply for a permit and perform such work within such time period as may be determined by the Community Development Department to be reasonably necessary to correct any impairment such emergency work may have caused to the water conveyance capacity, stability or water quality of the protection area, Forestry and silviculture activities on land that is zoned for forestry, silvicultural or agricultural uses and are not incidental to other land development activity. If such activity results in land disturbance in the buffer that would otherwise be prohibited, then no other land disturbing activity other than normal forest management practices will be allowed on the entire property for three years after the end of the activities that intruded on the buffer. After the effective date of this ordinance, it shall apply to new subdividing and platting activities, Any land development activity within a buffer established hereunder or any impervious cover within a setback established hereunder is prohibited unless a variance is granted pursuant to Section 5.2 below. - Sec. 46-160. Land Development Requirements. (a) Buffer and Setback Requirements All land development activity subject to this ordinance shall meet the following requirements: 1) An undisturbed natural vegetative buffer shall be maintained on both banks (as applicable) of the stream as measured horizontally from the top of the stream bank as follows: - a) Fifty feet from the banks of any state waters not defined on the current City stream buffer map, and as measured from the point where vegetation has been wrested by normal stream flow or wave action" Fifty feet of the banks of any stream in the City, as defined on the current City stream buffer map, and as measured from the point where vegetation has been wrested by normal stream flow or wave action where total watershed area (on site and off site area) intercepted is less than or equal to five square miles; Seventy-five feet of the banks of any stream in the City, as defined on the current City stream buffer map, and as measured from the point where vegetation has been wrested by normal stream flow or wave action where total watershed area (on site and off site area) intercepted is equal to five square miles and less than or equal to ten square miles; One hundred feet of the banks of any stream in the City, as defined on the current City stream buffer map, and as measured from the point where vegetation has been wrested by normal stream flow or wave action where b) c) d) 5 Ordinance # 2005-30 total watershed area (on site and off site area) intercepted is greater than ten square miles; ~ 2) An additional setback shall be maintained for 25 feet, measured horizontally, beyond the undisturbed natural vegetative buffer, in which all impervious cover shall be prohibited, on any stream in the City, as defined on the current City stream buffer map, and as measured from the point where vegetation has been wrested by normal stream flow or wave action where total watershed area (on site and off site area) intercepted is less than or equal to five square miles; grading, filling and earthmoving shall be minimized within this setback. (3) No septic tanks or septic tank drain fields shall be permitted within the buffer or the setback. (b) Variance Procedures Variances from the above buffer and setback requirements may be granted with or without conditions in accordance with the following provisions: (1) Where a parcel was platted prior to the effective date of this ordinance, and its shape, topography or other existing physical condition prevents land development consistent with this ordinance, and the Community Development Department finds and determines that the requirements of this ordinance prohibit the otherwise lawful use of the property by the owner, the City of Smyrna License and License Variance Board may grant a variance from the buffer and setback requirements hereunder, provided such variance require mitigation measures to offset the effects of any proposed land development on the parcel. ~ (2) Except as provided above, the City of Smyrna License and Variance Review Board shall grant no variance from any provision of this ordinance without first conducting a public hearing on the application for variance and authorizing the granting of the variance by an affirmative vote of the City of Smyrna License and Variance Board, The City of Smyrna shall give public notice of each such public hearing in a newspaper of general circulation within City of Smyrna. The City of Smyrna shall require that the applicant post a sign giving notice of the proposed variance and the public hearing. The sign shall be of a size and posted in such a location on the property as to be clearly visible from the primary adjacent road right-of-way, Variances will be considered only in the following cases: a, When a property's shape, topography or other physical conditions existing at the time of the adoption of this ordinance prevents land development unless a buffer variance is granted. b, Unusual circumstances when strict adherence to the minimal buffer requirements in the ordinance would create an extreme hardship as determined at the sole discretion of the License and Review Board. ~ 6 - (3) - .... Ordinance # 2005-30 Variances will not be considered when, following adoption of this ordinance, actions of any property owner of a given property have created conditions of a hardship on that property, At a minimum, a variance request shall include the following information: a, A site map that includes locations of all streams, wetlands, floodplain boundaries and other natural features, as determined by field survey; b, A description of the shape, size, topography, slope, soils, vegetation and other physical characteristics of the property; c. A detailed site plan that shows the locations of all existing and proposed structures and other impervious cover, the limits of all existing and proposed land disturbance, both inside and outside the buffer and setback, The exact area of the buffer to be affected shall be accurately and clearly indicated; d. Documentation of unusual hardship should the buffer be maintained; e, At least one alternative plan, which does not include a buffer or setback intrusion, or an explanation of why such a site plan is not possible; f. A calculation of the total area and length of the proposed intrusion; g, A storm water management site plan, if applicable; and, h, Proposed mitigation, if any, for the intrusion. If no mitigation is proposed, the request must include an explanation of why none is being proposed, (4) The following factors will be considered in determining whether to issue a varIance: a. The shape, size, topography, slope, soils, vegetation and other physical characteristics of the property; b. The locations of all streams on the property, including along property boundaries; c. The location and extent of the proposed buffer or setback intrusion; and, d, Whether alternative designs are possible which require less intrusion or no intrusion; e, The long-term and construction water-quality impacts of the proposed vanance; f. Whether as a result of an exchange of buffer area the net buffer area is not reduced; g, Whether issuance of the variance is at least as protective of natural resources and the environment. Sec. 46-161. Compatibility with Other Buffer Regulations and Requirements. This ordinance is not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, statute or other provision of law, The requirements of this ordinance should be considered minimum requirements, and where any provision of this ordinance imposes restrictions different from those imposed by any other ordinance, rule, regulation or other provision of law, whichever provisions are more restrictive or impose higher 7 Ordinance # 2005-30 protective standards for human health or the environment shall be considered to take precedence, -. Sec. 46-162. Additional Information Requirements for Development on Buffer Zone Properties. Any permit applications for property requiring buffers and setbacks hereunder must include the following: (I) A site plan showing: a, The location of all streams on the property; b, Limits of required stream buffers and setbacks on the property; c. Buffer zone topography with contour lines at no greater than five (5)-foot contour intervals; d. Delineation of forested and open areas in the buffer zone; and, e. Detailed plans of all proposed land development in the buffer and of all proposed impervious cover within the setback; (I) A description of all proposed land development within the buffer and setback; and, (2) Any other documentation that the Community Development Department may reasonably deem necessary for review of the application and to insure that the buffer zone ordinance is addressed in the approval process. -. All buffer and setback areas must be recorded on the final plat of the property following plan approval. Sec. 46-163. Responsibility. Neither the issuance of a development permit nor compliance with the conditions thereof, nor with the provisions of this ordinance shall relieve any person from any responsibility otherwise imposed by law for damage to persons or property; nor shall the issuance of any permit hereunder serve to impose any liability upon the City of Smyrna, its officers or employees, for injury or damage to persons or property. Sec. 46-164. Inspection. The Community Development Department may cause inspections of the work in the buffer or setback to be made periodically during the course thereof and shall make a final inspection following completion of the work. The permittee shall assist the Community Development Department in making such inspections. The City of Smyrna shall have the authority to conduct such investigations as it may reasonably deem necessary to carry out its duties as prescribed in this ordinance, and for this purpose to enter at reasonable time upon any property, public or private, for the purpose of investigating and inspecting the sites of any land development activities within the protection area. -. 8 Ordinance # 2005-30 ~ No person shall refuse entry or access to any authorized representative or agent who requests entry for purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out official duties, Sec. 46-165. Violations, Enforcement and Penalties. Any action or inaction which violates the provisions of this ordinance or the requirements of an approved site plan or permit may be subject to the enforcement actions outlined in this Section, Any such action or inaction which is continuous with respect to time is deemed to be a public nuisance and may be abated by injunctive or other equitable relief. The imposition of any of the penalties described below shall not prevent such equitable relief. ~ (a) Notice of Violation If the Community Development Department determines that an applicant or other responsible person has failed to comply with the terms and conditions of a permit, an approved site plan or the provisions of this ordinance, it shall issue a written notice of violation to such applicant or other responsible person, Where a person is engaged in activity covered by this ordinance without having first secured the appropriate permit therefor, the notice of violation shall be served on the owner or the responsible person in charge of the activity being conducted on the site, The notice of violation shall contain: (1) The name and address of the owner or the applicant or the responsible person; (2) The address or other description of the site upon which the violation is occurring; (3) A statement specifying the nature of the violation; (4) A description of the remedial measures necessary to bring the action or inaction into compliance with the permit, the approved site plan or this ordinance and the date for the completion of such remedial action; (b) Penalties In the event the remedial measures described in the notice of violation have not been completed by the date set forth for such completion in the notice of violation, anyone or more of the following actions or penalties may be taken or assessed against the person to whom the notice of violation was directed. .... (1) Stop Work Order - The Community Development Department may issue a stop work order which shall be served on the applicant or other responsible person, The stop work order shall remain in effect until the applicant or other responsible 9 Ordinance # 2005-30 person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein, provided the stop work order may be withdrawn or modified to enable the applicant or other responsible person to take necessary remedial measures to cure such violation or violations, ... (2) Withhold Certificate of Occupancy - The Community Development Department may refuse to issue a certificate of occupancy for the building or other improvements constructed or being constructed on the site until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein, (3) Suspension, Revocation or Modification of Permit - The Community Development Department may suspend, revoke or modify the permit authorizing the land development project. A suspended, revoked or modified permit may be reinstated after the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein, provided such permit may be reinstated (upon such conditions as the Community Development Department may deem necessary) to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations, (4) Criminal Penalties - For violations of this ordinance, the Community Development Department may issue a citation to the applicant or other responsible person, requiring such person to appear in the City of Smyrna Municipal Court to answer charges for such violation, Upon conviction, such person shall be punished as provided in Section 1-8 of the Code of Ordinances of the City of Smyrna, Each act of violation and each day upon which any violation shall occur shall constitute a separate offense. -. Sec. 46-166. Administrative Appeal and Judicial Review. (a) Administrative Appeal Any person aggrieved by a decision or order of Community Development Department, may appeal in wr.iting within thirty (30) days after the issuance of such decision or order, Such appeal shall be filed with the City Administrator. A hearing before the City Administrator to consider the appeal shall be held within thirty (30) days of receipt of the written appeal. The City Administrator shall issue a written decision within thirty (30) days of the conclusion of the hearing. (b) Judicial Review The decision of the City Administrator on an appeal under this article shall be final unless appeal is made to the Superior Court of Cobb County. The applicant may appeal a decision of the City Administrator by filing a petition for writ of certiorari to the superior court in the manner provided by state law, ..... 10 Ordinance # 2005-30 ~ Sec. 46-167. Severability. If any article, section, subsection, paragraph, clause, phrase or provision of this ordinance shall be adjudged invalid or held unconstitutional, such decision shall not affect or invalidate the remaining portions of this ordinance. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the effective date of this ordinance, Severability: Should any section of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional. Approved by Mayor and Council this 1st day of August, 2005. Attest: /~ A. Max Bacon, Mayor - Susan D, Hiott, City C erk City of Smyrna Approved as to form: " '\ ! I I"; Scott A. Co .........,~, - 11 Ordinance # 2005-31 - AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF SMYRNA, GEORGIA, BE AMENDED BY REVISING CHAPTER 46 ENVIRONMENT BY ENACTING ARTICLE VII ILLICIT DISCHARGE AND ILLEGAL CONNECTION ORDINANCE TO PROTECT THE PUBLIC HEALTH, SAFETY, ENVIRONMENT AND GENERAL WELFARE THROUGH THE REGULATION OF NONSTORMW A TER DISCHARGES TO THE MUNICIPAL SEP ARA TE STORM SEWER SYSTEM BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That The Code of Ordinances, City of Smyrna, Georgia, be amended by enacting Article VII of Chapter 46 Environment which shall read as follows: ARTICLE VII. ILLICIT DISCHARGE AND ILLEGAL CONNECTION ORDINANCE Sec. 46-170. Introduction. - It is hereby determined that: Discharges to the municipal separate storm sewer system that are not composed entirely of stormwater runoff contribute to increased nonpoint source pollution and degradation of receiving waters; These non-stormwater discharges occur due to spills, dumping and improper connections to the municipal separate storm sewer system from residential, industrial, commercial or institutional establishments, These non-stormwater discharges not only impact waterways individually, but geographically dispersed, small volume non-stormwater discharges can have cumulative impacts on receiving waters, The impacts of these discharges adversely affect public health and safety, drinking water supplies, recreation, fish and other aquatic life, property values and other uses of lands and waters; These impacts can be minimized through the regulation of spills, dumping and discharges into the municipal separate storm sewer system; - Localities in the State of Georgia are required to comply with a number of State and Federal laws, regulations and permits which require a locality to address the impacts of stormwater runoff quality and nonpoint source pollution due to improper non-stormwater discharges to the municipal separate storm sewer system; I Ordinance # 2005-31 Therefore, the City of Smyrna adopts this ordinance to prohibit such non-stormwater discharges to the municipal separate storm sewer system. It is determined that the regulation of spills, improper dumping and discharges to the municipal separate storm sewer system is in the public interest and will prevent threats to public health and safety, and the environment. IIIIIIII!I Sec. 46-171. General Provisions. (a) Purpose and Intent The purpose of this ordinance is to protect the public health, safety, environment and general welfare through the regulation of non-stormwater discharges to the municipal separate storm sewer system to the maximum extent practicable as required by Federal law. This ordinance establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this ordinance are to: (1) Regulate the contribution of pollutants to the municipal separate storm sewer system by any person; (2) Prohibit illicit discharges and illegal connections to the municipal separate storm sewer system; .... (3) Prevent non-stormwater discharges, generated as a result of spills, inappropriate dumping or disposal, to the municipal separate storm sewer system; and, (4) To establish legal authority to carry out all inspection, surveillance, monitoring and enforcement procedures necessary to ensure compliance with this ordinance (b) Applicability The provisions of this ordinance shall apply throughout the corporate area of the City of Smyrna. (c) Compatibility with Other Regulations This ordinance is not intended to modify or repeal any other ordinance, rule, regulation, other provision oflaw. The requirements of this ordinance are in addition to the requirements of any other ordinance, rule, regulation, or other provision of law, and where any provision of this ordinance imposes restrictions different from those imposed by any other ordinance, rule, regulation, or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control. (d) Severability If the provisions of any section, subsection, paragraph, subdivision or clause of this ordinance shall be adjudged invalid by a court of competent jurisdiction, such judgment ~ 2 Ordinance # 2005-31 ~ shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision or clause of this ordinance. (e) Responsibility for Administration The Community Development Department shall administer, implement, and enforce the provisions of this ordinance, Sec. 46-172. Definitions. - "Accidental Discharge" means a discharge prohibited by this ordinance which occurs by chance and without planning or thought prior to occurrence. "Clean Water Act" means the Federal Water Pollution Control Act (33 U.S,C, S 1251 et seq,), and any subsequent amendments thereto, "Construction Activity" means activities subject to the Georgia Erosion and Sedimentation Control Act or NPDES General Construction Permits, These include construction projects resulting in land disturbance. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition. "Illicit Discharge" means any direct or indirect non-stormwater discharge to the municipal separate storm sewer system, except as exempted in Section 3 of this ordinance, "Illegal Connection" means either of the following: a) Any pipe, open channel, drain or conveyance, whether on the surface or subsurface, which allows an illicit discharge to enter the storm drain system including but not limited to any conveyances which allow any non-stormwater discharge including sewage, process wastewater, and wash water to enter the storm drain system, regardless of whether such pipe, open channel, drain or conveyance has been previously allowed, permitted, or approved by an authorized enforcement agency; or b) Any pipe, open channel, drain or conveyance connected to the municipal separate storm sewer system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency, "Industrial Activity" means activities subject to NPDES Industrial Permits as defined in 40 CFR, Section 122.26 (b)(14). "National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit" means a permit issued by the Georgia EPD under authority delegated pursuant to 33 USC S 1342(b) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area- wide basis, "Municipal Separate Storm Sewer System" means any facility designed or used for collecting and/or conveying stormwater, including but not limited to any roads with drainage systems, highways, municipal streets, curbs, gutters, inlets, catch basins, piped storm drains, pumping facilities, structural stormwater controls, ditches, swales, natural and man-made or altered drainage channels, reservoirs, and other drainage structures, and which is: a) Owned or maintained by the City of Smyrna; b) Not a combined sewer; and - 3 Ordinance # 2005-31 c) Not part of a publicly-owned treatment works. "Non-Stormwater Discharge" means any discharge to the storm drain system that is not composed entirely of stormwater. "Person" means, except to the extent exempted from this ordinance, any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, city, county or other political subdivision of the State, any interstate body or any other legal entity. "Pollutant" means anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; petroleum hydrocarbons; automotive fluids; cooking grease; detergents (biodegradable or otherwise); degreasers; cleaning chemicals; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; liquid and solid wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; concrete and cement; and noxious or offensive matter of any kind, "Pollution" means the contamination or other alteration of any water's physical, chemical or biological properties by the addition of any constituent and includes but is not limited to, a change in temperature, taste, color, turbidity, or odor of such waters, or the discharge of any liquid, gaseous, solid, radioactive, or other substance into any such waters as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety, welfare, or environment, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life. "Premises" mean any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips. "State Waters" means any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, and other bodies of surface and subsurface water, natural or artificial, lying within or forming a part of the boundaries of the State of Georgia which are not entirely confined and retained completely upon the property of a single person, "Stormwater Runoff" or "Stormwater" means any surface flow, runoff, and drainage consisting of water from any form of natural precipitation, and resulting from such precipitation. "Structural Stormwater Control" means a structural stormwater management facility or device that controls stormwater runoff and changes the characteristics of that runoff including, but not limited to, the quantity and quality, the period of release or the velocity of flow, - - Sec. 46-173. Prohibitions. (a) Prohibition of Illicit Discharges No person shall throw, drain, or otherwise discharge, cause, or allow others under its control to throw, drain, or otherwise discharge into the municipal separate storm sewer system any pollutants or waters containing any pollutants, other than stormwater, - 4 Ordinance # 2005-31 - The following discharges are exempt from the prohibition provision above: (1) Water line flushing performed by a government agency, other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, individual residential car washing, springs, natural riparian habitat or wetland flows, and any other water source not containing pollutants; (2) Discharges or flows from fire fighting, and other discharges specified in writing by the City of Smyrna as being necessary to protect public health and safety; (3) The prohibition provision above shall not apply to any non-stormwater discharge permitted under an NPDES permit or order issued to the discharger and administered under the authority of the State and the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the municipal separate storm sewer system, - (b) Prohibition of Illegal Connections The construction, connection, use, maintenance or continued existence of any illegal connection to the municipal separate storm sewer system is prohibited. (1) This prohibition expressly includes, without limitation, illegal connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection, (2) A person violates this ordinance if the person connects a line conveying sewage to the municipal separate storm sewer system, or allows such a connection to continue. (3) Improper connections in violation of this ordinance must be disconnected and redirected, if necessary, to an approved onsite wastewater management system or the sanitary sewer system upon approval of the Community Development Department. (4) Any drain or conveyance that has not been documented in plans, maps or equivalent, and which may be connected to the storm sewer system, shall be located by the owner or occupant of that property upon receipt of written notice of violation from the City of Smyrna requiring that such locating be completed, Such notice will specify a reasonable time period within which the location of the drain or conveyance is to be completed, that the drain or conveyance be identified - 5 Ordinance # 2005-31 as storm sewer, sanitary sewer or other, and that the outfall location or point of connection to the storm sewer system, sanitary sewer system or other discharge point be identified, Results of these investigations are to be documented and provided to the City of Smyrna, -. See 46-174. Industrial or Construction Activity Discharges. Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the City of Smyrna prior to allowing discharges to the municipal separate storm sewer system. Sec. 46-175. Access and Inspection of Properties and Facilities. The Community Development Department shall be permitted to enter and inspect properties and facilities at reasonable times as often as may be necessary to determine compliance with this ordinance, (1) If a property or facility has security measures in force which require proper identification and clearance before entry into its premises, the owner or operator shall make the necessary arrangements to allow access to representatives of the Community Development Department. -. (2) The owner or operator shall allow the Community Development Department ready access to all parts of the premises for the purposes of inspection, sampling, photography, videotaping, examination and copying of any records that are required under the conditions of an NPDES permit to discharge stormwater. (3) The Community Development Department shall have the right to set up on any property or facility such devices as are necessary in the opinion of the Community Development Department to conduct monitoring and/or sampling of flow discharges. (4) The Community Development Department may require the owner or operator to install monitoring equipment and perform monitoring as necessary, and make the monitoring data available to the Community Development Department. This sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the owner or operator at his/her own expense. All devices used to measure flow and quality shall be calibrated to ensure their accuracy, (5) Any temporary or permanent obstruction to safe and easy access to the property or facility to be inspected and/or sampled shall be promptly removed by the owner or operator at the written or oral request of the Community Development -. 6 Ordinance # 2005-31 - Department and shall not be replaced, The costs of clearing such access shall be borne by the owner or operator. (6) Unreasonable delays in allowing the Community Development Department access to a facility is a violation of this ordinance, (7) If the Community Development Department has been refused access to any part of the premises from which stormwater is discharged, and the Community Development Department is able to demonstrate probable cause to believe that there may be a violation of this ordinance, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this ordinance or any order issued hereunder, or to protect the overall public health, safety, environment and welfare of the community, then the Community Development Department may seek issuance of a search warrant from any court of competent jurisdiction. Sec. 46-176. Notification of Accidental Discharges and Spills. ~ Notwithstanding other requirements of law, as soon as any person responsible for a facility, activity or operation, or responsible for emergency response for a facility, activity or operation has information of any known or suspected release of pollutants or non-stormwater discharges from that facility or operation which are resulting or may result in illicit discharges or pollutants discharging into stormwater, the municipal separate storm sewer system, State Waters, or Waters of the U.S" said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release so as to minimize the effects of the discharge, , Said person shall notify the authorized enforcement agency in person or by phone, facsimile or in person no later than 24 hours of the nature, quantity and time of occurrence of the discharge, Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the Community Development Department within three business days of the phone or in person notice, If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence, Such records shall be retained for at least three years, Said person shall also take immediate steps to ensure no recurrence of the discharge or spill. In the event of such a release of hazardous materials, emergency response agencies and/or other appropriate agencies shall be immediately notified. Failure to provide notification of a release as provided above is a violation of this ordinance, - 7 Ordinance # 2005-31 Sec. 46-177. Violations, Enforcement and Penalties. - (a) Violations It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Ordinance. Any person who has violated or continues to violate the provisions of this ordinance, may be subject to the enforcement actions outlined in this section or may be restrained by injunction or otherwise abated in a manner provided by law, In the event the violation constitutes an immediate danger to public health or public safety, the Community Development Department is authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation and/or restore the property. The Community Development Department is authorized to seek costs of the abatement as outlined in Section 7,5. (b) Notice of Violation Whenever the Community Development Department finds that a violation of this ordinance has occurred, the Community Development Department may order compliance by written notice of violation. A. The notice of violation shall contain: (1) The name and address of the alleged violator; - (2) The address when available or a description of the building, structure or land upon which the violation is occurring, or has occurred; (3) A statement specifying the nature of the violation; (4) A description of the remedial measures necessary to restore compliance with this ordinance and a time schedule for the completion of such remedial action; B, Such notice may require without limitation: (1) The performance of monitoring, analyses, and reporting; (2) The elimination of illicit discharges and illegal connections; (3) That violating discharges, practices, or operations shall cease and desist; (4) The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property; (5) Payment of costs to cover administrative and abatement costs; and, - 8 Ordinance # 2005-31 - (6) The implementation of pollution prevention practices, (c) Appeal of Notice of Violation Any person aggrieved by a decision or order of Community Development Department, may appeal in writing within thirty (30) days after the issuance of such decision or order. Such appeal shall be filed with the City Administrator. A hearing before the City Administrator to consider the appeal shall be held within thirty (30) days of receipt of the written appeal. The City Administrator shall issue a written decision within thirty (30) days of the conclusion of the hearing, (d) Judicial Review The decision of the City Administrator on an appeal under this article shall be final unless appeal is made to the Superior Court of Cobb County, The applicant may appeal a decision of the City Administrator by filing a petition for writ of certiorari to the superior court in the manner provided by state law. (e) - .... Enforcement Measures After Appeal If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, or, in the event of an appeal, within thirty (30) days of the decision of the appropriate authority upholding the decision of the City Administrator or Community Development Department, then representatives of the City may enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above. (f) Costs of Abatement of the Violation Within 30 days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs, The property owner may file a written protest objecting to the assessment or to the amount of the assessment within thirty (30) days of such notice. If the amount due is not paid within thirty (30) days after receipt of the notice, or if an appeal is taken, within thirty (30) days after a decision on said appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. Any person violating any of the provisions of this article shall become liable to the City of Smyrna by reason of such violation, (g) Criminal Penalties - For violations of this ordinance, the Community Development Department may issue a citation to the alleged violator requiring such person to appear in the City of Smyrna Municipal Court to answer charges for such violation. Upon conviction, such person shall be punished as provided in Section 1-8 of the Code of Ordinances of the City of Smyrna, Each act of violation and each day upon which any violation shall occur shall constitute a 9 Ordinance # 2005-31 separate offense. -. (h) Violations Deemed a Public Nuisance In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this ordinance is a threat to public health, safety, welfare, and environment and is declared and deemed a nuisance, and may be abated by injunctive or other equitable relief as provided by law. (i) Remedies Not Exclusive The remedies listed in this ordinance are not exclusive of any other remedies available under any applicable Federal, State or local law and the City of Smyrna may seek cumulative remedies, The City of Smyrna may recover attorney's fees, court costs, and other expenses associated with enforcement of this ordinance, including sampling and monitoring expenses, All ordinances, parts of ordinances, or regulations III conflict herewith are repealed as of the effective date of this ordinance. Severability: Should any section of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional. ~ Approved by Mayor and Council tbis Ist day of 78 r- Attest: A. Max Bacon, Mayor usan D, Hiott, City Clerk City of Smyrna Approved as to form: .... 10 Ordinance # 2005-32 ~ AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THA T THE CODE OF ORDINANCES, CITY OF SMYRNA, GEORGIA, BE AMENDED BY REPEALING SUBSECTIONS (7), (8) AND (9) OF SECTION 1 OF APPENDIX D DESIGN SPEDCIFICATIONS FOR STORM DRAINAGE, ROADS CONSTRUCTION, BY REPEALING SUBSECTION (5) OF SECTION 1201 CONDITIONAL DEVELOPMENT, AND BY REVISING CHAPTER 46 ENVIRONMENT BY REPEALING ARTICLE V STORMWATER MANAGEMENT, SECTIONS 140 THROUGH 155, OF SAID CHAPTER IN ITS ENTIRETY AND SUPPLANTING IT WITH A REVISED ARTICLE V OF SAID CHAPTER TO ESTABLISH MINIMUM REQUIREMENTS AND PROCEDURES TO CONTROL THE ADVERSE EFFECTS OF INCREASED POST-DEVELOPMENT STORMWATER RUNOFF AND NONPOINT SOURCE POLLUTION ASSOCIATED WITH NEW DEVELOPMENT AND REDEVELOPMENT BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: - That The Code of Ordinances, City of Smyrna, Georgia, be amended by repealing subsections (7), (8) AND (9) OF Sec. 1, Appendix D, Design Specifications for Storm Drainage, Roads, Connstruction, by repealing subsection (5) of Sec. 1201 Conditional Development, by repealing Article V of Chapter 46, Secs. 140 through 155, and by enacting a revised Article V of said Chapter which shall read as follows: ARTICLE V. POST -DEVELOPMENT STORMW A TER MANAGEMENT FOR NEW DEVELOPMENT AND REDEVELOPMENT Sec. 46-140. Introduction. It is hereby determined that: Land development projects and other land use conversions, and their associated changes to land cover, permanently alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, which in turn increase flooding, stream channel erosion, and sediment transport and deposition; Land development projects and other land use conversions also contribute to increased nonpoint source pollution and degradation of receiving waters; ..... The impacts of post-development stormwater runoff quantity and quality can adversely affect public safety, public and private property, drinking water supplies, recreation, fish and other aquatic life, property values and other uses of lands and waters; 1 Ordinance # 2005-32 These adverse impacts can be controlled and minimized through the regulation of stormwater runoff quantity and quality from new development and redevelopment, by the use of both structural facilities as well as nonstructural measures, such as the conservation of open space and greenspace areas, The preservation and protection of natural area and greenspace for stormwater management benefits is encouraged through the use of incentives or "credits." The Georgia Greenspace Program provides a mechanism for the preservation and coordination of those greenspace areas which provide stormwater management quality and quantity benefits; .... Localities in the State of Georgia are required to comply with a number of both State and Federal laws, regulations and permits which require a locality to address the impacts of post-development stormwater runoff quality and nonpoint source pollution; Therefore, the City of Smyrna has established this set of stormwater management policies to provide reasonable guidance for the regulation of post-development stormwater runoff for the purpose of protecting local water resources from degradation. It has determined that it is in the public interest to regulate post-development stormwater runoff discharges in order to control and minimize increases in stormwater runoff rates and volumes, post- construction soil erosion and sedimentation, stream channel erosion, and nonpoint source pollution associated with post-development stormwater runoff. Sec. 46-141. General Provisions. - (a) Purpose and Intent The purpose of this ordinance is to protect, maintain and enhance the public health, safety, environment and general welfare by establishing minimum requirements and procedures to control the adverse effects of increased post-development stormwater runoff and nonpoint source pollution associated with new development and redevelopment. It has been determined that proper management of post-development stormwater runoff will minimize damage to public and private property and infrastructure, safeguard the public health, safety, environment and general welfare of the public, and protect water and aquatic resources. This ordinance seeks to meet that purpose through the following objectives: (I) Establish decision-making processes surrounding land development activities that protect the integrity of the watershed and preserve the health of water resources; (2) Require that new development and redevelopment maintain the pre-development hydrologic response in their post-development state as nearly as practicable in order to reduce flooding, streambank erosion, nonpoint source pollution and increases in stream temperature, and maintain the integrity of stream channels and aquatic habitats; Establish minimum post-development stormwater management standards and design criteria for the regulation and control of stormwater runoff quantity and quality; .... (3) 2 - (4) (5) (6) (7) - ~ Ordinance # 2005-32 Establish design and application criteria for the construction and use of structural stormwater control facilities that can be used to meet the minimum post- development storm water management standards; Encourage the use of non structural storm water management and stormwater better site design practices, such as the preservation of greenspace and other conservation areas, to the maximum extent practicable, Coordinate site design plans, which include greenspace, with the county's greenspace protection plan; Establish provisions for the long-term responsibility for and maintenance of structural stormwater control facilities and nonstructural stormwater management practices to ensure that they continue to function as designed, are maintained, and pose no threat to public safety; and, Establish administrative procedures for the submission, review, approval and disapproval of stormwater management plans, and for the inspection of approved active projects, and long-term follow up, (b) Applicability (1) This ordinance shall be applicable to all land development, including, but not limited to, site plan applications, subdivision applications, and grading applications, unless exempt pursuant to Subsection 2 below. These standards apply to any new development or redevelopment site that meets one or more of the following criteria: a, New development that involves the creation of 5,000 square feet or more of impervious cover, or that involves other land development activities of 1 acre or more; b, Redevelopment that includes the creation, addition or replacement of 5,000 square feet or more of impervious cover, or that involves other land development activity of one (1) acre or more; c. Any new development or redevelopment, regardless of size, that is defined by the City Engineer to be a hotspot land use; or, d, Land development activities that are smaller than the minimum applicability criteria set forth in items A and B above if such activities are part of a larger common plan of development, even though multiple, separate and distinct land development activities may take place at different times on different schedules, (2) The following activities are exempt from this ordinance: a, Individual single-family or duplex residential lots that are not part of a subdivision or phased development project; 3 Ordinance # 2005-32 b. Additions or modifications to existing single-family or duplex residential structures; ~ c. Agricultural or silviculturalland management activities within areas zoned for these activities; and, d. Repairs to any storm water management facility or practice deemed necessary by the City Engineer. (c) Designation of Ordinance Administrator The City Engineer or his/her designee is hereby appointed to administer and implement the provisions of this ordinance. (d) Compatibility with Other Regulations This ordinance is not intended to modify or repeal any other ordinance, rule, regulation or other provision of law, The requirements of this ordinance are in addition to the requirements of any other ordinance, rule, regulation or other provision of law, and where any provision of this ordinance imposes restrictions different from those imposed by any other ordinance, rule, regulation or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall controL (e) Severability If the provisions of any section, subsection, paragraph, subdivision or clause of this ordinance shall be adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision or clause of this ordinance. - (f) Stormwater Design Manual The City of Smyrna will utilize the policy, criteria and information including technical specifications and standards in the latest edition of the Georgia Stormwater Management Manual and any relevant local addenda, for the proper implementation of the requirements of this ordinance. The manual may be updated and expanded periodically, based on improvements in science, engineering, monitoring and local maintenance experIence, Sec. 46-142. Definitions. "Applicant" means a person submitting a post-development stormwater management application and plan for approvaL "Channel" means a natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water. "Conservation Easement" means an agreement between a land owner and the City of Smyrna or other government agency or land trust that permanently protects open space or - 4 Ordinance # 2005-32 - greenspace on the owner's land by limiting the amount and type of development that can take place, but continues to leave the remainder of the fee interest in private ownership, "Detention" means the temporary storage of storm water runoff in a storm water management facility for the purpose of controlling the peak discharge. "Detention Facility" means a detention basin or structure designed for the detention of stormwater runoff and gradual release of stored water at controlled rates. "Developer" means a person who undertakes land development activities. "Development" means a land development or land development project. "Drainage Easement" means an easement appurtenant or attached to a tract or parcel of land allowing the owner of adjacent tracts or other persons to discharge stormwater runoff onto the tract or parcel of land subject to the drainage easement. "Erosion and Sedimentation Control Plan" means a plan that is designed to minimize the accelerated erosion and sediment runoff at a site during land disturbance activities. "Extended Detention" means the detention of stormwater runoff for a period of 24 hours or greater. "Extreme Flood Protection" means measures taken to prevent adverse impacts from large low-frequency storm events with a return frequency of 100 years or more. "Flooding" means a volume of surface water that is too great to be confined within the banks or walls of a conveyance or stream channel and that overflows onto adjacent lands, "Greens pace" or "Open Space" means permanently protected areas of the site that are preserved in a natural state, "Hotspot" means an area where the use of the land has the potential to generate highly contaminated runoff, with concentrations of pollutants in excess of those typically found in stormwater, "Hydrologic Soil Group (HSG)" means a Natural Resource Conservation Service classification system in which soils are categorized into four runoff potential groups. The groups range from group A soils, with high permeability and little runoff produced, to group D soils, which have low permeability rates and produce much more runoff. "Impervious Cover" means a surface composed of any material that significantly impedes or prevents the natural infiltration of water into soil. Impervious surfaces include, but are not limited to, rooftops, buildings, streets and roads, and any concrete or asphalt surface, "Industrial Stormwater Permit" means a National Pollutant Discharge Elimination System (NPDES) permit issued to an industry or group of industries which regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies. "Infiltration" means the process of percolating storm water runoff into the subsoil. "Jurisdictional Wetland" means an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation, "Land Development" means any land change, including, but not limited to, clearing, digging, grubbing, stripping, removal of vegetation, dredging, grading, excavating, transporting and filling of land, construction, paving, and any other installation of , . ImpervIOUS cover, - - 5 Ordinance # 2005-32 "Land Development Activities" means those actions or activities which comprise, facilitate or result in land development. "Land Development Project" means a discrete land development undertaking. "Inspection and Maintenance Agreement" means a written agreement providing for the long-term inspection and maintenance of stormwater management facilities and practices on a site or with respect to a land development project, which when properly recorded in the deed records constitutes a restriction on the title to a site or other land involved in a land development project. "New Development" means a land development activity on a previously undeveloped site, "Nonpoint Source Pollution" means a form of water pollution that does not originate from a discrete point such as a sewage treatment plant or industrial discharge, but involves the transport of pollutants such as sediment, fertilizers, pesticides, heavy metals, oil, grease, bacteria, organic materials and other contaminants from land to surface water and groundwater via mechanisms such as precipitation, stormwater runoff, and leaching. Nonpoint source pollution is a by-product of land use practices such as agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources, "Nonstructural Stormwater Management Practice" or "Nonstructural Practice" means any natural or planted vegetation or other non structural component of the stormwater management plan that provides for or enhances stormwater quantity and/or quality control or other stormwater management benefits, and includes, but is not limited to, riparian buffers, open and greenspace areas, overland flow filtration areas, natural depressions, and vegetated channels. "Off-Site Facility" means a storm water management facility located outside the boundaries of the site, "On-Site Facility" means a stormwater management facility located within the boundaries of the site, "Overbank Flood Protection" means measures taken to prevent an increase in the frequency and magnitude of out-of-bank flooding (i.e. flow events that exceed the capacity ofthe channel and enter the floodplain), and that are intended to protect downstream properties from flooding for the 2-year through 25-year frequency storm events, "Owner" means the legal or beneficial owner of a site, including but not limited to, a mortgagee or vendee in possession, receiver, executor, trustee, lessee or other person, firm or corporation in control of the site, "Permit" means the permit issued by the Community Development Department to the applicant which is required for undertaking any land development activity, "Person" means, except to the extent exempted from this ordinance, any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, city, county or other political subdivision of the State, any interstate body or any other legal entity, "Post-development" refers to the time period, or the conditions that may reasonably be expected or anticipated to exist, after completion of the land development activity on a site as the context may require. "Pre-development" refers to the time period, or the conditions that exist, on a site prior to the commencement of a land development project and at the time that plans for the - ... ... 6 Ordinance # 2005-32 - land development of a site are approved by the plan approving authority. Where phased development or plan approval occurs (preliminary grading, roads and utilities, etc,), the existing conditions at the time prior to the first item being approved or permitted shall establish pre-development conditions. "Project" means a land development project. "Redevelopment" means a land development project on a previously developed site, but excludes ordinary maintenance activities, remodeling of existing buildings, resurfacing of paved areas, and exterior changes or improvements which do not materially increase or concentrate stormwater runoff, or cause additional nonpoint source pollution. "Regional Stormwater Management Facility" or "Regional Facility" means stormwater management facilities designed to control stormwater runoff from multiple properties, where the owners or developers of the individual properties may assist in the financing of the facility, and the requirement for on-site controls is either eliminated or reduced. "Runoff" means storm water runoff. "Site" means the parcel of land being developed, or the portion thereof on which the land development project is located, "Stormwater Better Site Design" means nonstructural site design approaches and techniques that can reduce a site's impact on the watershed and can provide for non structural stormwater management. Stormwater better site design includes conserving and protecting natural areas and greenspace, reducing impervious cover and using natural features for stormwater management. "Stormwater Management" means the collection, conveyance, storage, treatment and disposal of storm water runoff in a manner intended to prevent increased flood damage, streambank channel erosion, habitat degradation and water quality degradation, and to enhance and promote the public health, safety and general welfare, "Stormwater Management Facility" means any infrastructure that controls or conveys stormwater runoff. "Stormwater Management Measure" means any stormwater management facility or nonstructural stormwater practice, "Stormwater Management Plan" means a document describing how existing runoff characteristics will be affected by a land development project and containing measures for complying with the provisions of this ordinance, "Stormwater Management System" means the entire set of structural and nonstructural stormwater management facilities and practices that are used to capture, convey and control the quantity and quality of the stormwater runoff from a site, "Stormwater Retrofit" means a stormwater management practice designed for a currently developed site that previously had either no stormwater management practice in place or a practice inadequate to meet the storm water management requirements of the site, "Stormwater Runoff' means the flow of surface water resulting from precipitation. "Structural Stormwater Control" means a structural stormwater management facility or device that controls storm water runoff and changes the characteristics of that runoff including, but not limited to, the quantity and quality, the period of release or the velocity of flow of such runoff. - - 7 Ordinance # 2005-32 "Subdivision" means the division of a tract or parcel of land resulting in one or more new lots or building sites for the purpose, whether immediately or in the future, of sale, other transfer of ownership or land development, and includes divisions of land resulting from or made in connection with the layout or development of a new street or roadway or a change in an existing street or roadway, ... Sec. 46-143. Permit Procedures and Requirements. (a) Permit Application Requirements No owner or developer shall perform any land development activities without first meeting the requirements of this ordinance prior to commencing the proposed activity. Unless specifically exempted by this ordinance, any owner or developer proposing a land development activity shall submit to the Community Development Department a permit application on a form provided by the Community Development Department for that purpose. Unless otherwise exempted by this ordinance, a permit application shall be accompanied by the following items in order to be considered: (1) Stormwater concept plan and consultation meeting certification in accordance with Section 3.2; - (2) Stormwater management plan in accordance with Section 3.3; (3) Inspection and maintenance agreement in accordance with Section 3.4, if applicable; (4) Performance bond in accordance with Section 3.5, if applicable; and, (5) Permit application and plan review fees in accordance with Section 3.6. (b) Stormwater Concept Plan and Consultation Meeting Before any storm water management permit application is submitted, it is recommended that the land owner or developer meet with the City Engineer for a consultation meeting on a concept plan for the post-development stormwater management system to be utilized in the proposed land development project. This consultation meeting should take place at the time of the preliminary plan of subdivision or other early step in the development process. The purpose of this meeting is to discuss the post-development stormwater management measures necessary for the proposed project, as well as to discuss and assess constraints, opportunities and potential ideas for stormwater management designs before the formal site design engineering is commenced. To accomplish this goal the following information should be included in the concept plan which should be submitted in advance of the meeting: ... 8 Ordinance # 2005-32 - A. Existing Conditions / Proposed Site Plans Existing conditions and proposed site layout sketch plans, which illustrate at a minimum: existing and proposed topography; perennial and intermittent streams; mapping of predominant soils from soil surveys (when available); boundaries of existing predominant vegetation and proposed limits of clearing and grading; and location of existing and proposed roads, buildings, parking areas and other impervious surfaces. B. Natural Resources Inventory A written or graphic inventory of the natural resources at the site and surrounding area as it exists prior to the commencement of the project. This description should include a discussion of soil conditions, forest cover, topography, wetlands, and other native vegetative areas on the site, as well as the location and boundaries of other natural feature protection and conservation areas such as wetlands, lakes, ponds, floodplains, stream buffers and other setbacks (e.g" drinking water well setbacks, septic setbacks, etc.). Particular attention should be paid to environmentally sensitive features that provide particular opportunities or constraints for development. - C, Stormwater Management System Concept Plan A written or graphic concept plan of the proposed post-development stormwater management system including: preliminary selection and location of proposed structural stormwater controls; location of existing and proposed conveyance systems such as grass channels, swales, and storm drains; flow paths; location of floodplain/floodway limits; relationship of site to upstream and downstream properties and drainages; and preliminary location of proposed stream channel modifications, such as bridge or culvert crossings. Local watershed plans, the Cobb County greenspace protection plan (if applicable), and any relevant resource protection plans will be consulted in the discussion of the concept plan, (c) Stormwater Management Plan Requirements The stormwater management plan shall detail how post-development stormwater runoff will be controlled or managed and how the proposed project will meet the requirements of this ordinance, including the performance criteria set forth in Section 4 below, This plan shall be in accordance with the criteria established in this section and must be submitted with the stamp and signature of a Professional Engineer (PE) licensed in the state of Georgia, who must verify that the design of all storm water management facilities and practices meet the submittal requirements outlined in the submittal checklist(s) found in the stormwater design manual. - The storm water management plan must ensure that the requirements and criteria in this ordinance are being complied with and that opportunities are being taken to minimize adverse post-development stormwater runoff impacts from the development. The plan 9 Ordinance # 2005-32 shall consist of maps, narrative, and supporting design calculations (hydrologic and hydraulic) for the proposed stormwater management system, The plan shall include all of the information required in the Stormwater Management Site Plan checklist found in the stormwater design manual. This includes: - A. Common address and legal description of site B. Vicinity Map C. Existing Conditions Hydrologic Analysis The existing condition hydrologic analysis for stormwater runoff rates, volumes, and velocities, which shall include: a topographic map of existing site conditions with the drainage basin boundaries indicated; acreage, soil types and land cover of areas for each subbasin affected by the project; all perennial and intermittent streams and other surface water features; all existing stormwater conveyances and structural control facilities; direction of flow and exits from the site; analysis of runoff provided by off-site areas upstream of the project site; and methodologies, assumptions, site parameters and supporting design calculations used in analyzing the existing conditions site hydrology, For redevelopment sites, predevelopment conditions shall be modeled using the established guidelines for the portion of the site undergoing land development activities. D. Post-Development Hydrologic Analysis The post-development hydrologic analysis for stormwater runoff rates, volumes, and velocities, which shall include: a topographic map of developed site conditions with the post-development drainage basin boundaries indicated; total area of post-development impervious surfaces and other land cover areas for each subbasin affected by the project; calculations for determining the runoff volumes that need to be addressed for each subbasin for the development project to meet the post-development stormwater management performance criteria in Section 4; location and boundaries of proposed natural feature protection and conservation areas; documentation and calculations for any applicable site design credits that are being utilized; methodologies, assumptions, site parameters and supporting design calculations used in analyzing the existing conditions site hydrology. If the land development activity on a redevelopment site constitutes more than 50 percent of the site area for the entire site, then the performance criteria in Section 4 must be met for the stormwater runoff from the entire site. - E, Stormwater Management System The description, scaled drawings and design calculations for the proposed post- development stormwater management system, which shall include: A map and/or drawing or sketch of the stormwater management facilities, including the location of non structural site design features and the placement of existing and proposed structural storm water controls, including design water surface elevations, storage volumes available from zero to maximum head, location of inlet and outlets, location of bypass and discharge systems, and all orifice/restrictor sizes; a - 10 Ordinance # 2005-32 shall consist of maps, narrative, and supporting design calculations (hydrologic and hydraulic) for the proposed storm water management system, The plan shall include all of the information required in the Storm water Management Site Plan checklist found in the stormwater design manual. This includes: ~ A. Common address and legal description of site B. Vicinity Map C. Existing Conditions Hydrologic Analysis The existing condition hydrologic analysis for stormwater runoff rates, volumes, and velocities, which shall include: a topographic map of existing site conditions with the drainage basin boundaries indicated; acreage, soil types and land cover of areas for each subbasin affected by the project; all perennial and intermittent streams and other surface water features; all existing storm water conveyances and structural control facilities; direction of flow and exits from the site; analysis of runoff provided by off-site areas upstream of the project site; and methodologies, assumptions, site parameters and supporting design calculations used in analyzing the existing conditions site hydrology, For redevelopment sites, predevelopment conditions shall be modeled using the established guidelines for the portion of the site undergoing land development activities, D. Post-Development Hydrologic Analysis The post-development hydrologic analysis for stormwater runoff rates, volumes, and velocities, which shall include: a topographic map of developed site conditions with the post-development drainage basin boundaries indicated; total area of post-development impervious surfaces and other land cover areas for each subbasin affected by the project; calculations for determining the runoff volumes that need to be addressed for each subbasin for the development project to meet the post-development stormwater management performance criteria in Section 4; location and boundaries of proposed natural feature protection and conservation areas; documentation and calculations for any applicable site design credits that are being utilized; methodologies, assumptions, site parameters and supporting design calculations used in analyzing the existing conditions site hydrology. If the land development activity on a redevelopment site constitutes more than 50 percent of the site area for the entire site, then the performance criteria in Section 4 must be met for the storm water runoff from the entire site, ~ E. Stormwater Management System The description, scaled drawings and design calculations for the proposed post- development stormwater management system, which shall include: A map and/or drawing or sketch of the stormwater management facilities, including the location of nonstructural site design features and the placement of existing and proposed structural stormwater controls, including design water surface elevations, storage volumes available from zero to maximum head, location of inlet and outlets, location of bypass and discharge systems, and all orifice/restrictor sizes; a ~ 10 Ordinance # 2005-32 - narrative describing how the selected structural stormwater controls will be appropriate and effective; cross-section and profile drawings and design details for each of the structural stormwater controls in the system, including supporting calculations to show that the facility is designed according to the applicable design criteria; a hydrologic and hydraulic analysis of the stormwater management system for all applicable design storms (including stage-storage or outlet rating curves, and inflow and outflow hydrographs); documentation and supporting calculations to show that the stormwater management system adequately meets the post-development stormwater management performance criteria in Section 4; drawings, design calculations, elevations and hydraulic grade lines for all existing and proposed stormwater conveyance elements including stormwater drains, pipes, culverts, catch basins, channels, swales and areas of overland flow; and where applicable, a narrative describing how the stormwater management system corresponds with any watershed protection plans and/or local greenspace protection plan. - F, Post-Development Downstream Analysis A downstream peak flow analysis which includes the assumptions, results and supporting calculations to show safe passage of post-development design flows downstream. The analysis of downstream conditions in the report shall address each and every point or area along the project site's boundaries at which runoff will exit the property, The analysis shall focus on the portion of the drainage channel or watercourse immediately downstream from the project. This area shall extend downstream from the project to a point in the drainage basin where the proj ect area is 10 percent of the total basin area, In calculating runoff volumes and discharge rates, consideration may need to be given to any planned future upstream land use changes, The analysis shall be in accordance with the stormwater design manual. G, Construction-Phase Erosion and Sedimentation Control Plan An erosion and sedimentation control plan in accordance with the Georgia Erosion and Sedimentation Control Act or NPDES Permit for Construction Activities, The plan shall also include information on the sequence/phasing of construction and temporary stabilization measures and temporary structures that will be converted into permanent stormwater controls. - H. Landscaping and Open Space Plan A detailed landscaping and vegetation plan describing the woody and herbaceous vegetation that will be used within and adjacent to stormwater management facilities and practices, The landscaping plan must also include: the arrangement of planted areas, natural and greenspace areas and other landscaped features on the site plan; information necessary to construct the landscaping elements shown on the plan drawings; descriptions and standards for the methods, materials and vegetation that are to be used in the construction; density of plantings; descriptions of the stabilization and management techniques used to establish vegetation; and a description of who will be responsible for ongoing maintenance 11 Ordinance # 2005-32 of vegetation for the stormwater management facility and what practices will be employed to ensure that adequate vegetative cover is preserved. - 1. Operations and Maintenance Plan Detailed description of ongoing operations and maintenance procedures for stormwater management facilities and practices to ensure their continued function as designed and constructed or preserved, These plans will identify the parts or components of a stormwater management facility or practice that need to be regularly or periodically inspected and maintained, and the equipment and skills or training necessary. The plan shall include an inspection and maintenance schedule, maintenance tasks, responsible parties for maintenance, funding, access and safety issues, Provisions for the periodic review and evaluation of the effectiveness of the maintenance program and the need for revisions or additional maintenance procedures shall be included in the plan. J. Maintenance Access Easements The applicant must ensure access from public right-of-way to stormwater management facilities and practices requiring regular maintenance at the site for the purpose of inspection and repair by securing all the maintenance access easements needed on a permanent basis. Such access shall be sufficient for all necessary equipment for maintenance activities. Upon final inspection and approval, a plat or document indicating that such easements exist shall be recorded and shall remain in effect even with the transfer of title of the property. - K. Inspection and Maintenance Agreements Unless an on-site stormwater management facility or practice is dedicated to and accepted by the City of Smyrna as provided in Section 3.4 below, the applicant must execute an easement and an inspection and maintenance agreement binding on all subsequent owners of land served by an on-site stormwater management facility or practice in accordance Section 3.4, L. Evidence of Acquisition of Applicable Local and Non-local Permits The applicant shall certify and provide documentation to the Community Development Department that all other applicable environmental permits have been acquired for the site prior to approval of the stormwater management plan, (d) Stormwater Management Inspection and Maintenance Agreements Prior to the issuance of any permit for a land development activity requiring a stormwater management facility or practice hereunder and for which the City of Smyrna requires ongoing maintenance, the applicant or owner of the site must, unless an on-site stormwater management facility or practice is dedicated to and accepted by the City of Smyrna, execute an inspection and maintenance agreement, and/or a conservation easement, if applicable, that shall be binding on all subsequent owners of the site. - 12 Ordinance # 2005-32 - The inspection and maintenance agreement, if applicable, must gain approval by the Community Development Department prior to plan approval, and recorded in the deed records upon final plat approval. The inspection and maintenance agreement shall identify by name or official title the person(s) responsible for carrying out the inspection and maintenance, Responsibility for the operation and maintenance of the stormwater management facility or practice, unless assumed by a governmental agency, shall remain with the property owner and shall pass to any successor owner, If portions of the land are sold or otherwise transferred, legally binding arrangements shall be made to pass the inspection and maintenance responsibility to the appropriate successors in title. These arrangements shall designate for each portion of the site, the person to be permanently responsible for its inspection and maintenance, As part of the inspection and maintenance agreement, a schedule shall be developed for when and how often routine inspection and maintenance will occur to ensure proper function of the stormwater management facility or practice, The agreement shall also include plans for annual inspections to ensure proper performance of the facility between scheduled maintenance and shall also include remedies for the default thereof. In addition to enforcing the terms of the inspection and maintenance agreement, the Community Development Department may also enforce all of the provisions for ongoing inspection and maintenance in Section 6 of this ordinance, - The Community Development Department, in lieu of an inspection and maintenance agreement, may accept dedication of any existing or future stormwater management facility for maintenance, provided such facility meets all the requirements of this ordinance and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance, (e) Application Procedure (1) Applications for land development permits shall be filed with the Community Development Department. (2) Permit applications shall include the items set forth in Section 3.1 above (two copies of the stormwater management plan and the inspection maintenance agreement, if applicable, shall be included), (3) The Community Development Department shall inform the applicant whether the application, stormwater management plan and inspection and maintenance agreement are approved or disapproved, (4) If either the permit application, stormwater management plan or inspection and maintenance agreement are disapproved, the Community Development Department shall notify the applicant of such fact in writing, The applicant may then revise any item not meeting the requirements hereof and resubmit the same, - 13 Ordinance # 2005-32 in which event subparagraph 3 above and this subparagraph shall apply to such resubmittal. - (5) Upon a finding by the Community Development Department that the permit application, stormwater management plan and inspection and maintenance agreement, if applicable, meet the requirements of this ordinance, the Community Development Department may issue a permit for the land development project, provided all other legal requirements for the issuance of such permit have been met. (6) Notwithstanding the issuance of the permit, in conducting the land development project, the applicant or other responsible person shall be subject to the following requirements: a. The applicant shall comply with all applicable requirements of the approved plan and this ordinance and shall certify that all land clearing, construction, land development and drainage will be done according to the approved plan; b. The land development project shall be conducted only within the area specified in the approved plan; c, The Community Development Department shall be allowed to conduct periodic inspections of the project; - d. No changes may be made to an approved plan without review and written approval by the City Engineer; and, e. Upon completion of the project, the applicant or other responsible person shall submit the engineer's report and certificate and as-built plans required by Section 5.2, (f) Application Review Fees The fee for review of any stormwater management application shall be based on the fee structure established by the City and shall be made prior to the issuance of any building permit for the development. (g) Modifications for Off-Site Facilities The stormwater management plan for each land development project shall provide for stormwater management measures located on the site of the project, unless provisions are made to manage stormwater by an off-site or regional facility. The off-site or regional facility must be located on property legally dedicated for the purpose, must be designed and adequately sized to provide a level of stormwater quantity and quality control that is equal to or greater than that which would be afforded by on-site practices and there must be a legally-obligated entity responsible for long-term operation and maintenance of the off-site or regional stormwater facility. In addition, on-site measures shall be - 14 Ordinance # 2005-32 - implemented, where necessary, to protect upstream and downstream properties and drainage channels from the site to the off-site facility. A storm water management plan must be submitted to the Community Development Department which shows the adequacy of the off-site or regional facility, To be eligible for a modification, the applicant must demonstrate to the satisfaction of the City Engineer that the use of an off-site or regional facility will not result in the following impacts to upstream or downstream areas: (1) Increased threat of flood damage to public health, life, and property; (2) Deterioration of existing culverts, bridges, dams, and other structures; (3) Accelerated streambank or streambed erosion or siltation; (4) Degradation of in-stream biological functions or habitat; or (5) Water quality impairment in violation of State water quality standards, and/or violation of any state or federal regulations, Sec. 46-144. Post-Development Stormwater Management Performance Criteria. - The following performance criteria shall be applicable to all storm water management plans, unless otherwise provided for in this ordinance: (a) Water Quality All stormwater runoff generated from a site shall be adequately treated before discharge, It will be presumed that a stormwater management system complies with this requirement if: (1) It is sized to treat the prescribed water quality treatment volume from the site, as defined in the Georgia Stormwater Management Manual; (2) Appropriate structural stormwater controls or non structural practices are selected, designed, constructed or preserved, and maintained according to the specific criteria in the Georgia Stormwater Management Manual; and, (3) Runoff from hotspot land uses and activities identified by the City Engineer are adequately treated and addressed through the use of appropriate structural stormwater controls, nonstructural practices and pollution prevention practices, - (b) Stream Channel Protection Protection of stream channels from bank and bed erosion and degradation shall be provided by using all of the following three approaches: 15 Ordinance # 2005-32 (1) Preservation, restoration and/or reforestation (with native vegetation) of the applicable stream buffer; .... (2) 24-hour extended detention storage of the I-year, 24-hour return frequency storm event; (3) Erosion prevention measures such as energy dissipation and velocity control. ( c) Overbank Flooding Protection Downstream overbank flood and property protection shall be provided by controlling (attenuating) the post-development peak discharge rate to a rate at least ten percent less than the pre-development rate for all of the following: the 2-year, 1 a-year, and 25-year, 24-hour return frequency storm events. This requirement may be waived by the Community Development Department for sites where the post-development downstream analysis shows that uncontrolled post-development conditions will not increase downstream peak flows, or that meeting the requirement will cause greater peak flow downstream impacts than the uncontrolled post-development conditions. (d) Extreme Flooding Protection Extreme flood and public safety protection shall be provided by controlling (attenuating) the post-development peak discharge rate to a rate at least ten percent less than the pre- development rate for both the 50-year and the lOa-year, 24 hour return frequency storm events. This requirement may be waived by the Community Development Department for sites where the post-development downstream analysis shows that uncontrolled post- development conditions will not increase downstream peak flows, or that meeting the requirement will cause greater peak flow downstream impacts than the uncontrolled post- development conditions, .... (e) Structural Stormwater Controls All structural storm water management facilities shall be selected and designed using the appropriate criteria from the Georgia Stormwater Management Manual. All structural stormwater controls must be designed appropriately to meet their intended function. For other structural stormwater controls not included in the Georgia Stormwater Management Manual, or for which pollutant removal rates have not been provided, the effectiveness and pollutant removal of the structural control must be documented through prior studies, literature reviews, or other means and receive approval from the City Engineer before being included in the design of a stormwater management system. In addition, if hydrologic or topographic conditions, or land use activities warrant greater control than that provided by the minimum control requirements, the Community Development Department may impose additional requirements deemed necessary to protect upstream and downstream properties and aquatic resources from damage due to increased volume, frequency, and rate of stormwater runoff or increased nonpoint source pollution loads created on the site in question. .... 16 Ordinance # 2005-32 - Applicants shall consult the Georgia Stormwater Management Manual for guidance on the factors that determine site design feasibility when selecting and locating a structural storm water control. (1) Stormwater Credits for Nonstructural Measures The use of one or more site design measures by the applicant may allow for a reduction in the water quality treatment volume required under Section 4.1. The applicant may, if approved by the Community Development Department, take credit for the use of stormwater better site design practices and reduce the water quality volume requirement. For each potential credit, there is a minimum set of criteria and requirements which identify the conditions or circumstances under which the credit may be applied. The site design practices that qualify for this credit and the criteria and procedures for applying and calculating the credits are included in the Georgia Stormwater Management Manual. (g) Drainage System Guidelines Stormwater conveyance facilities, which may include but are not limited to culverts, stormwater drainage pipes, catch basins, drop inlets, junction boxes, headwalls, gutter, swales, channels, ditches, and energy dissipaters shall be provided when necessary for the protection of public right-of-way and private properties adjoining project sites and/or public right-of-ways, Stormwater conveyance facilities that are designed to carry runoff from more that one parcel, existing or proposed, shall meet the following requirements: - (1) Methods to calculate stormwater flows shall be in accordance with the stormwater design manual; (2) All culverts, pipe systems and open channel flow systems shall be sized in accordance with the storm water management plan using the methods included in the stormwater design manual; and, (3) Design and construction of stormwater conveyance facilities shall be in accordance with the criteria and specifications found in the storm water design manual. (h) Dam Design Guidelines Any land disturbing activity that involves a site which proposes a dam shall comply with the Georgia Safe Dams Act and Rules for Dam Safety as applicable. Sec. 46-145. Construction Inspections of Post-Development Stormwater Management System. - (a) Inspections to Ensure Plan Compliance During Construction Periodic inspections of the storm water management system construction shall be conducted by the staff of the Community Development Department or conducted and certified by a professional engineer who has been approved by the City Engineer. 17 Ordinance # 2005-32 Construction inspections shall utilize the approved stormwater management plan for establishing compliance. - All inspections shall be documented with written reports that contain the following information: (1) The date and location of the inspection; (2) Whether construction is in compliance with the approved stormwater management plan; (3) Variations from the approved construction specifications; and, (4) Any other variations or violations of the conditions of the approved stormwater management plan, If any violations are found, the applicant shall be notified in writing of the nature of the violation and the required corrective actions. (b) Final Inspection and As Built Plans Upon completion of a project, and before a certificate of occupancy shall be granted, the applicant is responsible for certifying that the completed project is in accordance with the approved stormwater management plan, All applicants are required to submit actual "as built" plans for any stormwater management facilities or practices after final construction is completed, The plan must show the final design specifications for all stormwater management facilities and practices and must be certified by a Professional Engineer. A final inspection by the Community Development Department is required before the release of any performance securities can occur. - Sec. 46-146. Ongoing Inspection and Maintenance of Stormwater Facilities and Practices. (a) Long-Term Maintenance Inspection of Stormwater Facilities and Practices Stormwater management facilities and practices included in a stormwater management plan which are subject to an inspection and maintenance agreement must undergo ongoing inspections to document maintenance and repair needs and ensure compliance with the requirements of the agreement, the plan and this ordinance. A stormwater management facility or practice shall be inspected on a periodic basis by the responsible person in accordance with the approved inspection and maintenance agreement. In the event that the City is notified in writing that the stormwater management facility has not been maintained and/or becomes a danger to public safety or public health, the Community Development Department may notify the person responsible for carrying out the maintenance plan by registered or certified mail to the person specified in the inspection and maintenance agreement. The notice shall specify - 18 Ordinance # 2005-32 - the measures needed to comply with the agreement and the plan and shall specify the time within which such measures shall be completed. If the responsible person fails or refuses to meet the requirements of the inspection and maintenance agreement, the Community Development Department, may correct the violation as provided in Subsection 6.4 hereof. Inspection programs by the Community Development Department may be established on any reasonable basis, including but not limited to: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; and joint inspections with other agencies inspecting under environmental or safety laws, Inspections may include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in stormwater management facilities; and evaluating the condition of stormwater management facilities and practices. (b) Right-of-Entry for Inspection The terms of the inspection and maintenance agreement shall provide for the Community Development Department to enter the property at reasonable times and in a reasonable manner for the purpose of inspection. This includes the right to enter a property when it has a reasonable basis to believe that a violation of this ordinance is occurring or has occurred and to enter when necessary for abatement of a public nuisance or correction of a violation of this ordinance. - (c) Records of Maintenance Activities Parties responsible for the operation and maintenance of a storm water management facility shall provide records of all maintenance and repairs to the Community Development Department. (d) Failure to Maintain If a responsible person fails or refuses to meet the requirements of the inspection and maintenance agreement, the City, after thirty (30) days written notice (except, that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours notice shall be sufficient), may correct a violation of the design standards or maintenance requirements by performing the necessary work to place the facility or practice in proper working condition. The City may assess the owner(s) of the facility for the cost of repair work which shall be a lien on the property, and may be placed on the ad valorem tax bill for such property and collected in the ordinary manner for such taxes. Sec. 46-147. Violations, Enforcement and Penalties. - Any action or inaction which violates the provisions of this ordinance or the requirements of an approved stormwater management plan or permit may be subject to the enforcement actions outlined in this Section, Any such action or inaction which is continuous with respect to time is deemed to be a public nuisance and may be abated by injunctive or other equitable relief. The imposition of any of the penalties described 19 Ordinance # 2005-32 below shall not prevent such equitable relief. The imposition of any of the penalties described below shall not prevent such equitable relief. - (a) Notice of Violation If the Community Development Department determines that an applicant or other responsible person has failed to comply with the terms and conditions of a permit, an approved storm water management plan or the provisions of this ordinance, it shall issue a written notice of violation to such applicant or other responsible person, Where a person is engaged in activity covered by this ordinance without having first secured a permit therefor, the notice of violation shall be served on the owner or the responsible person in charge of the activity being conducted on the site, The notice of violation shall contain: (1) The name and address of the owner or the applicant or the responsible person; (2) The address or other description of the site upon which the violation is occurring; (3) A statement specifying the nature of the violation; (4) A description of the remedial measures necessary to bring the action or inaction into compliance with the permit, the stormwater management plan or this ordinance and the date for the completion of such remedial action; - (b) Penalties In the event the remedial measures described in the notice of violation have not been completed by the date set forth for such completion in the notice of violation, anyone or more of the following actions or penalties may be taken or assessed against the person to whom the notice of violation was directed, (1) Stop Work Order - The Community Development Department may issue a stop work order which shall be served on the applicant or other responsible person, The stop work order shall remain in effect until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein, provided the stop work order may be withdrawn or modified to enable the applicant or other responsible person to take necessary remedial measures to cure such violation or violations, (2) Withhold Certificate of Occupancy - The Community Development Department may refuse to issue a certificate of occupancy for the building or other improvements constructed or being constructed on the site until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein. - 20 Ordinance # 2005-32 -- (3) Suspension, Revocation or Modification of Permit - The Community Development Department may suspend, revoke or modify the permit authorizing the land development project. A suspended, revoked or modified permit may be reinstated after the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein, provided such permit may be reinstated (upon such conditions as the Community Development Department may deem necessary) to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations, (4) Criminal Penalties - For violations of this ordinance, the Community Development Department may issue a citation to the applicant or other responsible person, requiring such person to appear in the City of Smyrna Municipal Court to answer charges for such violation, Upon conviction, such person shall be punished as provided in Section 1-8 of the Code of Ordinances of the City of Smyrna, Each act of violation and each day upon which any violation shall occur shall constitute a separate offense. Sec. 46-148. Administrative Appeal and Judicial Review. - (a) Administrative Appeal Any person aggrieved by a decision or order of Community Development Department, may appeal in writing within thirty (30) days after the issuance of such decision or order. Such appeal shall be filed with the City Administrator. A hearing before the City Administrator to consider the appeal shall be held within thirty (30) days of receipt of the written appeal. The City Administrator shall issue a written decision within thirty (30) days of the conclusion of the hearing, (b) Judicial Review The decision of the City Administrator on an appeal under this article shall be final unless appeal is made to the Superior Court of Cobb County, The applicant may appeal a decision of the City Administrator by filing a petition for writ of certiorari to the superior court in the manner provided by state law. Sec. 46-149. Severability. If any article, section, subsection, paragraph, clause, phrase or provision of this ordinance shall be adjudged invalid or held unconstitutional, such decision shall not affect or invalidate the remaining portions of this ordinance, -- 21 Ordinance # 2005-32 All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the effective date of this ordinance, -- Severability: Should any section of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional. Approved by Mayor and Council this 1st day of August, 2005. /~~ Attest: A. Max Bacon, Mayor D,K~ san D. Hiott, City Clerk City of Smyrna -- Approved as to form: ... 22 Ordinance No, 2005-33 ~ AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA PROVIDING THAT THE CODE OF ORDINANCES BE AMENDED BY ENACTING SECTION 2-141 LICENSE AND VARIANCE BOARD, CHAPTER 2, ARTICLE IV, AND BY REVISING CHAPTER 6, ARTICLE IV, SECTIONS 6-161, 6-163, 6-164, CHAPTER 22, ARTICLE III, SECTIONS 22-101, 22-105, 22-106, 22-107, 22-108, 22-109, 22-110, 22-111, 22-116, 22-156, 22-159, CHAPTER 22, ARTICLE V, SECTIONS 22-201, 22-204, 22-205, 22-206, 22-207, 22-208, 22-213, AND CHAPTER 22, ARTICLE VII, SECTION 22-297 FOR THE PURPOSE OF CREATING A LICENSE AND VARIANCE BOARD BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That the Code of Ordinances, City of Smyrna, Georgia, be amended to read as follows: .~ Sec. 2-141. License and Variance Board. (a) There is hereby established a license and variance board. (b) The license and variance board established by this section shall have the following duties: (1) Act as a hearing officer for applications for licenses to sell alcoholic beverages as specified in section 6-114, paragraph B. (2) Hear applications for pawn brokers as specified in Section 22-1 09 (b). (3) Hear applications for any other license or certificate to be issued by the City for which a public hearing is required, including but not limited to the following: precious metals dealers, massage practitioners, and bail bondsmen, (4) Conduct hearings regarding the possible suspension, revocation or other action taken against a license or certificate issued by the City and to impose any sanctions as provided by law, (5) Hear variance requests according to Article XIV of the Zoning Ordinance, (6) Hear requests for variances from stream buffers established by City ordinance. (7) Approve or disapprove applications in a manner consistent with applicable laws, (c) Applicants or licensees shall be given notice of the date, time and place when the license and variance board will consider the respective matter. All meetings of the board shall be open to the public. (d) The decision of the license and variance board shall be final unless appealed to the Mayor and City Council within 10 days of the date of decision by the license and variance board, Such appeal must be in writing and filed with the City Clerk. In the event of an appeal, the Mayor and City Council, within thirty (30) days of the date the appeal is filed, shall place the matter down for a de novo hearing and take any authorized action concerning the applicant's appeal. Appellants shall be given -- (e) notice of the date, time and place when the Mayor and Council will consider the appeal. The decision of the Mayor and City Council on an appeal under this article shall be final unless appeal is made to the Superior Court of the Cobb County. The applicant may appeal a decision of the Mayor and City Council by filing a petition for writ of certiorari to the superior court in the manner provided by state law. The license and variance board shall have no jurisdiction or authority to hear any appeal from or to reverse, modify or set aside any decision of the Mayor and City Council. The license and variance board shall be composed of three regular members and two alternate members, all of whom shall be appointed by the Mayor and City Council and who shall serve one-year terms and/or until a successor is appointed, except that such service shall be at the pleasure and discretion of the Mayor and Council. The alternate member shall only participate in hearings in which a regular member of the board is unable to attend. A quorum shall consist of three regular or alternate members, The license and variance board shall meet at such times as is necessary, to be determined by such board, and shall render decisions within a reasonable time. Reasonable time for the purposes of this section shall be no longer than 120 days from the date an application is filed. The license and variance board shall select one of its members to serve as chair and one of its members to serve as secretary, to serve at the pleasure of the license and variance board. Minutes and records of all proceedings shall be kept by the secretary or his/her designee and maintained in the office of the City Clerk, (f) (g) (h) (i) Sec. 6-161. Compliance with chapter. (a) Alleged violations of this chapter may be cited to any court as provided by law and ordinance, Convictions under this chapter shall be punishable in the municipal court by a fine not to exceed $1,000,00 or imprisonment for 60 days, or both, Convictions may be considered due cause for suspension or revocation of any license by the governing authority, (b) The License and Variance Board may take administrative action under this chapter, including license suspension or revocation independent of court citations or the lack thereof, and independent of the disposition or lack of disposition thereof. (Ord, No, 95-03, S 3-5-2, 5-1-95; Ord, No, 2003-17, 5-19-03; Ord, No, 2004-27, 8-2-04) Sec. 6-163. Suspension and revocation of license by the License and Variance Board. (a) Hearing required; due cause prerequisite. No license which has been issued or which may hereafter be issued by the city to any agent of or any person, partnership, corporation, retail dealer, for sale of any type of alcoholic beverages shall be suspended or revoked, except for due cause as defined in subsection (c) of this section and after a hearing requiring the licensee to appear and show cause to the License and Variance Board of the city why such license should not be suspended or revoked, At any such hearing, all parties to the hearing shall be entitled to be represented by counsel and shall be entitled to all subpoena powers provided by this Code or the city Charter, together with the right to examine all such witnesses under oath. (b) Notice of hearing. Notice in writing by the city clerk addressed to the holder of such license stating the time, place and purpose of such show-cause hearing and a statement of the 2 -, ~ ~ - accusation upon which such hearing shall be held shall be delivered to the licensed location, Not less than three nor more than 20 days' notice of such hearing shall be deemed reasonable notice. However, shorter or longer periods shall be authorized as the Variance and License Board determine that the circumstances justify. Upon application in writing by the license holder, any witness or any party at interest, showing good cause and not for purposes of delay only, the hearing date may be advanced or continued, in which event no further notice shall be required in writing, (c) Definition. The expression "due cause" for the suspension or revocation of such license shall include, but not be limited to: (I) The violation of any provision of this chapter by the license holder, partner, officer, director, principal stockholder (who owns more than five percent ownership) or any employee engaged in the sale of alcoholic beverages, (2) The violation by the license holder, partner, officer, director, principal stockholder (who owns more than five percent ownership) or any employee engaged in the sale of alcoholic beverages, of any state law or regulation, any county ordinance or regulation, or any other ordinance, regulation or law regulating such businesses, or violation of any regulation made pursuant to authority granted for the purpose of regulating such business, or for the violation of any law of the United States of America, except misdemeanor traffic violations by the above-named persons, corporation or entity; (3) The licensee providing false information regarding or the omitting any material fact affecting the license application or any supplemental information required during the term of the license, (4) The sale or offer of sale of any alcoholic beverage to any minor, as defined and prohibited by the laws of the state, or to any person under the age of 21 years; or the failure to "card" or require proof of age, together with proof of the legal ability to purchase alcoholic beverages of any person under the age of 21 years; or (5) The violation of any condition of probation given to a licensee under subsection (f) herein, (6) When the sale of alcoholic beverages at any location shall become a nuisance as defined by state law, (d) Refund of license fee, In the event of revocation or suspension by the License and Variance Board, the licensee shall not be entitled to a refund or return of any portion of the license fee, (e) Provisions cumulative. The remedies and actions provided in this article, including but not limited to the suspension or revocation of the license, shall be cumulative, in addition to and nonexclusive of any other action, civil or criminal, pending, resolved or threatened, regarding the license, location, owner of the business or licensee, (f) Authority to suspend or revoke and/or place on probation. At any show-cause hearing, based upon the evidence presented, the License and Variance Board shall be authorized to suspend such license for any appropriate time, or to permanently revoke such license, In addition to or in lieu of the suspension or revocation, the License and Variance Board may place the licensee on probation for a period not to exceed five years and may place conditions upon such probation, (g) If at the hearing, there is evidence of a violation (involving a minor), the License and Variance Board may consider the circumstances of the incident in order to determine whether a mitigation is warranted, Such factors include but are not limited to the following: (1) Whether the licensee has instituted a policy designed to effectively reduce alcohol sales to minors and whether the policy is written, (2) The nature of such policy and the manner in which it is communicated to employees, administered and followed, ..... - 3 (3) The type of employee training done in furtherance of the policy and whether such training is mandatory for all employees, (4) The effectiveness of such policy and training, (5) Whether the age of all customers purchasing or attempting to purchase Alcohol is routinely verified prior to sale. (6) Whether the licensee completed a responsible alcohol sales and service policy workshop, (7) The type of offense, (8) The number or frequency of violations under the license or at the subject location and the nature of such previous violations, (h) Provision of schedule. The governing body may from time to time provide for a schedule prescribing the length of suspensions, revocation, or other penalties as it may determine appropriate to the nature of the offense, the person committing the offense, and other such factors as it may deem appropriate, Such schedule shall be on file with the city clerk. (Ord, No, 95-03, S 3-5-3, 5-1-95; Ord. No, 2004-27,8-2-04) - Sec. 6-164. Automatic revocation of city license upon revocation of state license. Whenever the state shall revoke any permit or license to manufacture or sell at wholesale or retail any alcoholic beverages, the city license to manufacture or deal in such products shall thereupon be automatically revoked without any action by the City. (Ord. No, 95-03, S 3-5-4, 5-1-95; Ord, No, 2004-27, 8-2-04) Sec. 22-101. Application. (a) All persons 18 years or older desiring to obtain a certificate required under this article shall make written application to the City through the office of the city clerk or his/her designate for such privilege upon forms to be prepared and approved by the mayor and council. Such application shall state the name and address of the applicant; the place where the proposed business is to be located; the nature and character of the business to be carried on; if a partnership, the names of the partners; if a corporation, the names of the officers and stockholders; and such other information as may be required by the office of the city clerk or hislher designate, or the department of police, and be sworn to by the applicant or agent thereof. (b) All applicants shall furnish all data, information and records requested of them by the mayor and councilor the city clerk or his/her designate, or the department of police, and failure to furnish such data, information and records within thirty (30) days from the date of such request shall automatically serve to dismiss, with prejudice, the application, An applicant, by filing an application, agrees to produce for oral interrogation any person requested by the mayor and councilor its duly authorized representative, such as the city clerk or the department of police, or the city attorney, and who is considered by them as being important in the ascertainment of the facts relative to such certificate. The failure to produce such person, within thirty (30) days after being requested to do so, shall result in the automatic dismissal of such application, (c) All applications for a new location for a certificate, after October 1, 1991, shall be accompanied by a survey, dated within thirty (30) days of the application, by a state registered surveyor or engineer, with the surveyor's official stamp or seal affixed, showing the size and location of the proposed licensed premises and the distance to the nearest similarly licensed business, church, school, public building or library, .... - 4 ,..... (Code 1977, S 14-44; Ord. No. 94-18, S 3, 12-5-94) ~ Sec. 22-105. General qualifications; grounds for denial of certificate. No application for any certificate under this article shall be granted where the application or the evidence on a hearing before the License and Variance Board shows any of the following conditions to exist: (1) The applicant is of bad moral character or has a bad reputation in the community, or does not have sufficient mental capacity to conduct the business for which the application is made, (2) The applicant has had any certificate issued under the police powers of any city or other governmental subdivision previously suspended or revoked. (3) The applicant, as a previous holder of a certificate to operate a pawnshop, has violated any law, regulation or ordinance relating to such business within a ten-year period immediately preceding the date of application. (4) The applicant has failed to obtain any paper or document necessary in pursuance of its business as may be required by any officer, agency or department of the city, state or United States under authority of any law, ordinance or resolution of the city, county, state or United States. (5) The applicant has supplied false information, either upon his/her application or in any communication with any official of the city relative to hislher application. (6) The applicant intends to violate any law, ordinance or resolution regulating such business or to violate any regulation made pursuant to authority granted for the purpose of regulating such business. (7) The applicant has failed to pay any fee required under this article or has otherwise failed to comply with the provisions of this article. (8) The applicant, during the 12-month period next preceding the filing of his/her application, has engaged in any deceptive business practice as defined by section 22-108. (9) In addition to subsections (I) through (8) of this section, and in determining whether or not any certificate applied for shall be granted, the following shall be considered in the public interest and welfare: (a) If the applicant is a previous holder of a certificate, the manner in which he/she conducted the business thereunder as to the necessity for unusual police observation and inspection in order to prevent the violation of any law, regulation or ordinance relating to such business. (b) The location for which the certificate is sought as to traffic congestion, general character of the neighborhood and the effect such an establishment would have on the adjacent and surrounding property values. (c) The number of certificates already granted for similar businesses in the trading area of the place for which the certificate is sought. (d) If the applicant's spouse shall not be able to meet the qualifications of an applicant, particularly if it appears that the applicant's spouse or another person is using the applicant as a guise or dummy to obtain a certificate, (e) If the applicant will be accepting vehicle titles as property pledged, there will be no onsite storage of the vehicles allowed at any time. (Code 1977, S 14-48; Ord. No. 94-18, S 3, 12-5-94) - 5 Sec. 22-106. Transfer. No certificate granted under this article shall be transferable, except upon application to the City in the same form and manner and subject to the same requirements with respect to the transferee as are applicable in an original application; provided, however, that any such certificate may be transferred only to another person doing the same business and at the same place as the person to whom the certificate was originally issued. When permission for transfer has been granted, the original licensee or transferee shall cause the certificate to be delivered to the city clerk or his/her designate, who shall record such transfer, and the transferee shall pay a fee therefor as a condition precedent to engaging in operations under the certificate. (Code 1977, S 14-49; Ord, No. 94-18, S 3, 12-5-94) - Sec. 22-107. Revocation and suspension--Generally. Subject to the provisions of the following section, the mayor and councilor the License and Variance Board may suspend, revoke or place on probation, with or without conditions, any certificate issued under this article. (Code 1977, S 14-50; Ord. No. 94-18, S 3, 12-5-94) Sec. 22-108. Same--Notice and hearing. (a) No certificate issued under this article shall be suspended, revoked or placed on probation, with or without conditions, except for due cause as defined in subsection (d) of this section, and only after a hearing before the License and Variance Board upon a prior written notice to the licensee of the time, place and purpose of such hearing and a statement of the reason why the certificate would be suspended or revoked. Three days' notice shall be deemed reasonable, but shorter or longer periods of notice shall be authorized as the mayor and council may deem the circumstances justify. (b) The mayor may suspend an occupation tax certificate or give three days' notice that such certificate is subject to suspension when there is cause to believe that grounds exist for revoking the certificate, This action shall be reviewed at the next regular meeting of the License and Variance Board or, at the request of the licensee, a special meeting of the License and Variance Board may be called within three days after such request is filed with the office of the city clerk or his/her designate to affirm or refuse the suspension after the hearing of evidence. A certificate shall not be revoked except upon action by the License and Review Board, (c) Due cause for the suspension or revocation of such certificate shall consist of any of the following: (1) A licensee commits a deceptive business practice if he/she: (a) Uses or possesses a false weight or measure, or any other device for falsely determining or recording any quality or quantity in connection with any sale or services; (b) Sells, offers or exposes for sale, or delivers less than the represented quality or quantity; (c) Takes or attempts to take more than the represented quantity of any commodity when as buyer or broker he/she furnishes the weight or measure; ..... ..... 6 - (d) Provides a service which is of an unreasonably lesser quality than the service offered or represented; or (e) Engages in any other fraudulent business transaction which is made punishable by the laws of the state, (2) Violation of any laws, ordinances or resolutions regulating such business, or violation of regulations made pursuant to the authority granted for the purpose of regulating such business; (3) The licensee has supplied false information to the city clerk or his/her designate, regardless of when the city clerk or his/her designate shall have become aware of the false information; (4) The licensee has failed to obtain or has suffered the expiration, suspension or revocation of any paper or document necessary in pursuance of its business, as may be required by any officer, agency, authority or department of the city, county, state or the United States under authority of any law, ordinance or resolution of the city, county, state or the United States; (5) The licensee has failed to comply with any provision of this article; or (6) A licensee makes any misrepresentation of fact, whether through advertisement or through any form of direct communication, oral or written, which is intended to mislead the public or to mislead any party with whom the licensee deals in pursuance of the licensed business. The term "misrepresentation of fact," as used in this subsection, shall embrace not only express misrepresentations but also misrepresentations arising by virtue of the licensee's conduct, including acts and omissions. By way of illustration only, and without limiting the scope of this subsection, the expression "due cause" shall consist of any act or practice designated as unlawful in O.C,G.A. S 10-1- 393(b)(1)--(11) or declared by the administrator of such law to be unlawful pursuant to regulations made under O.C.G.A. S 10-1-394, subject to the exemptions contained in O.C.G,A. S 10-1-396. (d) The License and Variance Board may specify conditions of operation of the certificate holder during any time of probation. Such conditions shall be on file with the office of city clerk. No probation shall extend over a period of more than 12 consecutive calendar months. (Code 1977, S 14-51; Ord. No. 94-18, S 3,12-5-94) ~ Sec. 22-109. Public hearing on application; approval by mayor and council. No certificate shall be issued until it has been approved by the City. (a) Where the proposed location has been vacant for one year or more or has never been licensed as a pawnbroker, the governing body shall hold a public hearing on the application for a license after notice as required in section 22-110. (b) For all other applications, the License and Variance Board shall hold a public hearing on the application for a license after notice as required in section 22-110. (Code 1977, S 14-52; Ord. No. 94-18, S 3, 12-5-94) - 7 Sec. 22-110. Notice of intent to engage in business required to be published; processing fee required for pawn and/or swap shop certificates. (a) All applicants for certificates under this article shall give notice of the purpose of making such application by advertisement at least one time a week for two consecutive weeks in the newspaper published in the city in which the legal advertisements of the city are carried, which notice shall contain a description of the location of the proposed business and shall give the name of the applicant; and if a partnership, the name of the partners; and if a corporation, the names of the officers and the date and time the License and Variance Board would hear the application, The advertisement referred to in this section shall be of the type not smaller than ten-point capital and lower case and shall be at least a one-inch column advertisement (b) Upon filing of the application for a pawnshop and/or swap shop certificate with the certificate bureau, the applicant shall deposit a processing fee to cover the cost of advertising, investigation and processing of the application, and the fee is not refundable. Such fee is in addition to the normal occupation tax certificate fees, (Code 1977, S 14-52.1; Ord, No. 94-18, S 3, 12-5-94) -. Sec. 22-111. Certificate to be obtained within two weeks of approval of application. (a) All certificates must be obtained and fees paid not later than two weeks from the date of the approval of the application, and, if not so obtained, the permit granted by the City shall be void, (b) When a certificate has been approved and the applicant has deposited with the office of the city clerk or his/her designate the required fee, the certificate shall be issued, (Code 1977, S 14-53; Ord, No. 94-18, S 3,12-5-94) -. Sec. 22-116. Time limit for commencement of business in licensed establishment; forfeiture for nonuse. (a) All holders of certificates under this article must, within three months after the issuance of the certificate, open for business the establishment referred to in the certificate, unless the time limit is extended by the License and Variance Board. Failure to open the licensed establishment within the three-month period shall serve as an automatic forfeiture and cancellation of the unused certificate, and no refund of certificate fees shall be made to the certificate holder. (b) Any holder of a certificate under this article who shall begin the operation of the business as authorized in the certificate, but who shall for a period of three consecutive months thereafter cease to operate the business as authorized in the certificate, shall upon completion of the three-month period automatically forfeit his/her certificate, which certificate shall by virtue of the failure to operate be cancelled without the necessity for any further action of the City. (Code 1977, S 14-58; Ord, No, 94-18, S 3, 12-5-94) Sec. 22-156. Application; information to be given. Any person desiring to engage in the business, trade or profession of a massage practitioner shall, before engaging in such business, trade or profession, file an application for a certificate -- 8 - addressed to the City of Smyrna, Such application shall be in writing and shaH set forth the following: (1) The applicant must be fingerprinted by the department of police and a character reference run on the applicant and aH persons to operate as massage practitioners and aH employees, Fingerprints must be made at least ten but not more than 15 days prior to issuance of the certificate to aHow for investigation of the applicant and employees; (2) Name and address ofthe applicant; (3) Name and address and phone number of any person having previously employed the applicant during the previous two years; (4) If such an applicant is a corporation, the addresses of such corporation as weH as the names and addresses of the agents and employees of such corporation for a period of two years immediately prior to the filing of such application; (5) Qualifications must be plainly stated, together with the required exhibits annexed to the application; (6) A certificate certifying as to the good moral character of the applicant signed by three currently qualified and registered voters of good moral character of the county, Such letters shaH not be required for annual renewals of certificates issued under this article; (7) Should the applicant be a corporation, such corporation shaH also submit with such application a certificate, executed as described in subsection (6) of this section, certifying as to the good moral character of the employees and agents of the corporation who are actually engaged in such business for the corporation; (8) The applicant shaH be required to sign an acknowledgement that he/she has received, read and understands the provisions of this article, prior to issuance of any certificate, (Code 1977, S 12-2; Ord, No, 94-18, S 3,12-5-94) - Sec. 22-159. Issuance; fee as prescribed. (a) If such application is submitted in proper form and is approved by the License and Variance Board, the occupation tax certificate department or officer is authorized to issue an occupation tax certificate to such applicant upon the payment of an annual certificate fee as provided for in section 22-35, (b) Such certificate shaH be prominently displayed in the licensee's place of business so as to be capable of being viewed by clients and customers, (Code 1977, S 12-5; Ord, No, 94-18, S 3,12-5-94) - Sec. 22-201. Application. (a) All persons 18 years or older desiring to obtain a certificate required under this article shaH make written application to the City through the office of the city clerk or his/her designate for such privilege, upon forms to be prepared and approved by the mayor and council. Such application shaH state the name and address of the applicant; the place where the proposed business is to be located; the nature and character of the business to be carried on; if a partnership, the names of the partners; if a corporation, the names of the officers and stockholders; and such other information as may be required by the office of the city clerk or his/her designate, or the department of police, and be sworn to by the applicant or agent thereof, (b) All applicants shaH furnish all data, information and records requested of them by the mayor and council or the city clerk or his/her designate, or the department of police, and failure to furnish such data, information and records within thirty (30) days from the date of such request shaH automaticaHy serve to dismiss, with prejudice, the application. An applicant, by filing an application, agrees to produce for oral interrogation any person requested by the mayor and councilor its duly authorized representative, such as the License and 9 Variance Board, the city clerk or the department of police, or the city attorney, and who is considered by them as being important in the ascertainment of the facts relative to such certificate, The failure to produce such person, within thirty (30) days after being requested to do so, shall result in the automatic dismissal of such application, (c) All applications for certificates under this article shall be acted upon by the License and Variance Board after a public hearing and after advertisement as required in this article, No certificate shall be issued until it has been approved by the License and Variance Board, (d) Upon filing of an original application for a certificate under this section, the applicant shall deposit a processing fee to cover the cost of processing the application, advertising and investigation, which shall be nonrefundable and in addition to the normal occupation tax certificate fees, (Code 1977, S 14-104; Ord, No, 94-18, S 3, 12-5-94) - Sec. 22-204. General qualifications; grounds for denial of certificate. No application for any certificate under this article shall be granted where the application or the evidence on a hearing before the License and Variance Board shows any of the following conditions to exist: (1) The applicant is of bad moral character or has a bad reputation in the community, or does not have sufficient mental capacity to conduct the business for which the application is made. (2) The applicant has had any certificate issued under the police powers of any city or other governmental subdivision previously suspended or revoked, (3) The applicant, as a previous holder of a certificate to operate a pawnshop or precious metals dealers certificate has violated any law, regulation or ordinance relating to such business within a ten-year period immediately preceding the date of application, (4) The applicant has failed to obtain any paper or document necessary in pursuance of its business as may be required by any officer, agency or department of the city, state or United States under authority of any law, ordinance or resolution of the city, county, state or United States, (5) The applicant has supplied false information, either upon his/her application or in any communication with any official of the city relative to his/her application, (6) The applicant intends to violate any law, ordinance or resolution regulating such business or to violate any regulation made pursuant to authority granted for the purpose of regulating such business. (7) The applicant has failed to pay any fee required under this article or has otherwise failed to comply with the provisions of this article, (8) The applicant, during the 12-month period next preceding the filing of hislher application, has engaged in any deceptive business practice as defined by section 22-207(d)(I) and (6), (Code 1977, S 14-107; Ord, No, 94-18, S 3,12-5-94) -. Sec. 22-205. Transfer. No certificate granted under this article shall be transferable, except upon application to the City in the same form and manner and subject to the same requirements with respect to the transferee as are applicable in an original application; provided, however, that any such certificate may be transferred only to another person doing the same business and at the same place as the person to whom the certificate was originally issued, When permission for transfer has been granted, the original licensee or transferee shall cause the certificate to be delivered to the city clerk or hislher designate, who shall record such transfer, and the transferee shall pay a fee therefor in the amount approved by the mayor and council and kept on file in the office of the city clerk as a condition precedent to engaging in operations under the certificate, - 10 ~ (Code 1977, S 14-108; Ord, No. 94-18, S 3,12-5-94) Sec. 22-206. Revocation and suspension--Generally. Subject to the provisions of section 22-207, the mayor and councilor the License and Variance Board may suspend, revoke or place on probation, with or without conditions, any certificate issued under this article, (Code 1977, S 14-109; Ord, No. 94-18, S 3,12-5-94) - Sec. 22-207. Same--Notice and hearing. (a) No certificate issued under this article shall be suspended, revoked or placed on probation, with or without conditions, except for due cause as defined in subsection (d) of this section, and only after a hearing before the License and Variance Board upon a prior written notice to the licensee of the time, place and purpose of such hearing and a statement of the reason why the certificate would be suspended or revoked, Three days' notice shall be deemed reasonable, but shorter or longer periods of notice shall be authorized as the mayor and council may deem the circumstances justifY, (b) The mayor may suspend an occupation tax certificate or give three days' notice that such certificate is subject to suspension when there is cause to believe that grounds exist for revoking the certificate. This action shall be reviewed at the next regular meeting of the License and Variance Board or, at the request of the licensee, a special meeting of the License and Variance Board may be called within three days after such request is filed with the office of the city clerk or his/her designate to affirm or refuse the suspension after the hearing of evidence, A certificate shall not be revoked except upon action by the License and Variance Board. (c) Due cause for the suspension or revocation of such certificate shall consist of any of the following: (1) A licensee commits a deceptive business practice if he/she: (a) Uses or possesses a false weight or measure, or any other device for falsely determining or recording any quality or quantity in connection with any sale of servIces; (b) Sells, offers or exposes for sale, or delivers less than the represented quality or quantity; (c) Takes or attempts to take more than the represented quantity of any commodity when as buyer or broker he/she furnishes the weight or measure; (d) Provides a service which is of an unreasonably lesser quality than the service offered or represented; or (e) Engages in any other fraudulent business transaction which is made punishable by the laws of the state, (2) Violation of any laws, ordinances or resolutions regulating such business, or violation of regulations made pursuant to authority granted for the purpose of regulating such business. (3) The licensee has supplied false information to the city clerk or his/her designate, regardless of when the city clerk or his/her designate shall have become aware of the false information, (4) The licensee has failed to obtain or has suffered the expiration, suspension or revocation of any paper or document necessary in pursuance of its business, as may be required by any officer, agency, authority or department of the city, county, state or the United States under the authority of any law, ordinance or resolution of the city, county, state or the United States, (5) The licensee has failed to comply with any provision of this article, - 11 (6) A licensee makes any misrepresentation of fact, whether through advertisement or through any form of direct communications, oral or written, which is intended to mislead the public or to mislead any party with whom the licensee deals in pursuance of the licensed business, The term "misrepresentation of fact," as used in this subsection, shall embrace not only express misrepresentations but also misrepresentations arising by virtue of the licensee's conduct, including acts and omissions, By way of illustration only, and without limiting the scope of this subsection, the expression "due cause" shall consist of any act or practice designated as unlawful in O,C,G.A. S 10-1-393(b)(l)--(11) or declared by the administrator of such law to be unlawful pursuant to regulations made under O,c.G,A. S 10-1-394, subject to the exemptions contained in O,c.G,A. S 10-1-396, (d) The License and Variance Board may specify conditions of operation of the certificate holder during any time of probation, Such conditions shall be on file with the office of city clerk, No probation shall extend over a period of more than 12 consecutive calendar months, (Code 1977, S 14-110; Ord, No, 94-18, S 3, 12-5-94) ~ Sec. 22-208. Certificate to be obtained within two weeks of approval of application. (a) All certificates must be obtained and fees paid not later than two weeks from the date of the approval of the application and, if not so obtained, the permit granted by the City shall be void, (b) When a certificate has been approved and the applicant has deposited with the office of the city clerk or his/her designate the required fee, the certificate shall be issued, (Code 1977, S 14-111; Ord, No, 94-18, S 3,12-5-94) .... Sec. 22-213. Time limit for commencement of business in licensed establishment; forfeiture for nonuse. (a) All holders of certificates under this article must, within three months after the issuance of the certificate, open for business the establishment referred to in the certificate, unless the time limit is extended by the License and Variance Board, Failure to open the licensed establishment as referred to in this section within the three-month period shall serve as an automatic forfeiture and cancellation of the unused certificate, and no refund of certificate fees shall be made to the certificate holder. (b) Any holder of a certificate under this article who shall begin the operation of the business as authorized in the certificate, but who shall for a period of three consecutive months thereafter cease to operate the business as authorized in the certificate, shall upon completion of the three-month period automatically forfeit his/her certificate, which certificate shall by virtue of the failure to operate be cancelled without the necessity for any further action of the City, (Code 1977, S 14-116; Ord. No, 94-18, S 3,12-5-94) Sec. 22-297. Denial; suspension; refusal to renew; revocation, The License and Variance Board may deny, suspend, revoke or refuse to renew any bail bondsman's certificate for any of the following causes: (1) F or any cause for which issuance of a certificate could have been refused had it then existed and been known to the License and Variance Board. (2) Material misstatement, misrepresentation or fraud in obtaining the certificate. (3) Misappropriation, conversion or unlawful withholding of money belonging to others and received in the conduct of business under the certificate, (4) Conviction ofa felony, - 12 - (5) Fraudulent or dishonest practices in the conduct of business under the certificate, (6) Wilful failure to comply with the provisions of this article. (7) Wilful failure to return collateral security to the principal when the principal is entitled thereto, (8) When, in the judgment of the License and Variance Board, the licensee has, in the conduct of affairs under the certificate, demonstrated incompetency, untrustworthiness, conduct or practices rendering him/her unfit to carry on the bail bond business, making his/her continuance in such business detrimental to the public interest, no longer in good faith carrying on the bail bond business, guilty of rebating or offering to rebate, offering to divide hislher compensations, and for any of such reasons, is found by the License and Variance Board to be a source of detriment, injury or loss to the public, (9) For failure to meet the obligations or standards set forth by any other city or county in which the bondsmen and/or bonding company is licensed to do business, (Code 1977, S 5-3; Ord. No, 94-3, 2-7-94; Ord, No. 94-18, S 3,12-5-94) All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the effective date of this ordinance. Severability: Should any section of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional. - Approved by Mayor and Council Ibis 1st day of A/~?- Attest: A. Max Bacon, Mayor \~ III . (~~j),~ Susan D, Hiott, City Clerk City of Smyrna Approved as to form: ) -1fJ .. .... Scott A. Cochran, City Attorney - 13 Ordinance No. 2005-34 -- AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA PROVIDING THAT THE CODE OF ORDINANCES, APPENDIX A, ZONING, AND APPENDIX B, SUBDIVISION REGULATIONS, BE AMENDED BY REPEALING SECTIONS 1303.1 AND 1303.2 OF APPENDIX A IN THEIR ENTIRETY, ENACTING SECTIONS 1400-1405 OF APPENDIX A ZONING CONCERNING ZONING VARIANCES, AND BY AMENDING SECTION 1303 OF APPENDIX A ZONING AND SECTION 1303 OF APPENDIX B SUBDIVISION REGULATIONS BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SMYRNA, GEORGIA: That the Code of Ordinances, City of Smyrna, Georgia, be amended by repealing Sees. 1303.1 and 1303.2 of Appendix A Zoning, and with other amendments to read as follows: Sec. 1400. Variances All requests for a variance from the terms of the Zoning Code relating to .- setbacks, distance requirements between buildings or other substantially similar dimensional regulations, parking, or accessory structures, except when requested as part of a rezoning; or a variance from the terms of the Stream Buffer Ordinance, shall be heard by the License and Variance Board as established by City Ordinance. All other requests for variances from the Zoning Code shall be heard by the Mayor and City Council. Sec. 1401. Variance Petitions (a) Filing of petition, Variance petitions to the board of adjustment may be filed by any person aggrieved by the literal enforcement of the requirements of the Zoning code. Upon receipt of written petition and filing fee, the city administrator, or his designee, shall, within thirty (30) days, schedule a hearing to consider the petition and shall notify the petitioner of such hearing, .... (b) Requirements of petition, The following information must be provided with each variance petition: (1) Location of property, to be identified by land lot number, street address, and present zoning classification, Also, general descriptive information such as major streets or other well-known landmarks, (2) Zoning classification of all adjoining property, (3) A comprehensive summary detailing the extraordinary and exceptional conditions which will necessitate a nonconforming use, (4) A copy of any existing plat of the property, (5) Signature of the subject property owners or in the case of a corporation a duly authorized officer, ..... (c) Filing fee. A filing fee, as determined by the governing body, must accompany each request. A schedule of filing fees approved by the governing body shall be maintained by the City Administrator or his designee, (d) Procedure, The petitioner shall bear the burden of demonstrating to the board that the evidence on the record meets the standards outlined in Section 1403, Sec. 1402. Notification required. (a) The building inspector shall cause to have posted, in a place conspicuous to the nearest public roadway on said property, one or more signs, each of which shall not be less than six square feet in area, and each of which shall indicate that a variance petition has been filed and shall contain the date and time and place of the public hearing, No such public hearing shall take place until said signs have been posted for at least 15 days, (b) The petitioner shall notify abutting property owners by delivering a copy of the variance petition by hand delivery or by certified mail with return receipt requested, Proof of such notice shall be provided to the City Administrator or his -. designee prior to the hearing, Proof that certified mail was properly sent will be sufficient evidence of notification, Sec. 1403. Variance review standards. (a) In rendering its decisions, the License and Variance Board or Mayor and City Council shall consider the following factors: (1) Whether there are unique and special circumstances or extraordinary and exceptional conditions applying to the property in question, or to the intended use of the property, that do not apply generally to other properties in the same district. (2) Whether any alleged hardship is self-created by any person having an interest in the property Hor is the result of mere disregard for or ignorance of the provisions from which relief is sought. (3) Whether strict application of the relevant provisions of the zoning code would deprive the applicant of reasonable use of the property for which the variance is sought. (4) Whether the variance proposed is the minimum variance, which makes possible the reasonable use of the property, ..... 2 - Sec. 1404. Conditions and limitations. In authorizing any variance the License and Variance Board and the Mayor and City Council shall include as a part of such variance, any condition, requirements or limitations which the board may believe to be necessary and desirable to protect adjacent properties and the surrounding neighborhood, and to carry out the spirit and purpose of the Zoning Code, Sec. 1405. Time limit. Any variance granted shall expire whenever the nonconformity for which it has been granted is discontinued or abandoned. If a variance is not acted upon within twelve (12) months of its approval, it shall expire, Sec. 1303. Grading permit required. No grading or other alteration of the land shall commence without a grading permit issued by the building inspector, A site development plan shall be submitted prior to the issuance of any grading permit. This site development plan shall contain at a minimum the following components: a grading plan, erosion and sedimentation control plan, tree preservation plan, future building locations, parking layout and storm drainage design, A grading permit shall be issued only - if the proposed development is in conformity with the provisions of this ordinance and the Tree Protection Ordinance. Sec. 1303. Variances. The License and Variance Board may authorize, upon appeal in specific cases, such variance from the terms of this ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this ordinance will in an individual case result in practical difficulty or unnecessary hardship, so that the spirit of the ordinance shall be observed, public safety and welfare secured and substantial justice done, A variance may be granted in an individual case of unnecessary hardship upon a finding by the License and Variance Board that: (a) There are extraordinary and exceptional conditions pertaining to the particular property in question because of its size, shape or topography; (b) The application of this ordinance to this particular piece of property would create an unnecessary hardship; (c) Such conditions are peculiar to the particular piece of property involved; (d) Such conditions are not the result of any action of the property owner; and (e) Relief, if granted, would not cause substantial detriment to the public good nor impair the purposes or intent of this ordinance, - 3 All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the effective date of this ordinance. Severability: Should any section of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional. Approved by Mayor and Council this 1st day of August, 2005. /d~ Attest: A. Max Bacon, Mayor Approved as to form: - ...... ...... 4