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05032004 May 3, 2004 Council Meeting May 3. 2004 - The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The meeting was called to order by presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m. All council members were present. Also present were City Administrator Wayne Wright, City Clerk Susan Hiott, City Attorney Scott Cochran and representatives of the press. Invocation was given by Council Member Wood, followed by the pledge to the flag. AGENDA CHANGES: There were none. CITIZENS INPUT: Mayor Bacon recognized members of the Campbell High School ROTC drill team and color guard, and commended them for their performance in a recent State competition. Mayor Bacon recognized Ms. Kasey Knight, Campbell High School Student Council President, and Mayor Bacon stated that Kasey will be the Honorary Mayor presiding over the evening's proceedings. Mayor Bacon recognized Mr. Curt Johnston, as well as students and faculty members from Campbell High School, and the students made a presentation of this month's character education words. - Council Member McNabb read a Proclamation for Respect for Law Week to those present, and presented the Proclamation to Ms. Betty Turley from the Smyrna Optimist Club. MAYOR'S REPORT: Mayor Bacon had nothing to report. LAND ISSUES/ZONING/ANNEXATION: (A) Ordinance Amendment - Soil Erosion Control Ordinance - Ordinance 2004-18 Mr. Wright stated the proposed amendments to the Soil Erosion Control Ordinance include provisions for a permit fee. Mr. Wright stated the City's more restrictive requirement for a 50' stream buffer will be retained in the updated version. Mr. Wright stated the City Engineer has reviewed the revised Soil Erosion Control Ordinance and recommends approval. Council Member Newcomb stated that the City, in order to continue to be certified by the State to locally regulate compliance with soil erosion and sedimentation control requirements, must adopt by local ordinance all of the soil erosion and sedimentation control requirements reflected in State statutes. Council Member Newcomb stated that the City Soil Erosion Control Ordinance must be periodically updated to reflect changes to State statutes regulating soil erosion and sedimentation control. Council Member Newcomb asked if there is anyone present who wishes to make any public comment regarding this proposed ordinance amendment, and there was no response. - May 3, 2004 2 MOTION: Council Member Newcomb made a motion to approve Ordinance 2004-18 amending the City of Smyrna Soil Erosion Control Ordinance. The motion was seconded by Council Member McNabb. Motion was approved 6 - 0, with Council Member Pritchett abstaining. - FORMAL BUSINESS: (A) Appointment of Members to the Smyrna Hospital Authority Council Member Pritchett stated she intends to appoint a Ward 1 representative to the Smyrna Hospital Authority at the next council meeting. MOTION: Council Member Newcomb made a motion to reappoint Ms. Jennie Palmer to the Ward 2 post of the Smyrna Hospital Authority. The motion was seconded by Council Member Scoggins. Motion was approved 7 - O. (Clerk's Note: This appointment is for a four-year term) MOTION: Council Member Scoggins made a motion to appoint Ms. Ava Jenkins to the Ward 3 post of the Smyrna Hospital Authority for a four-year term. The motion was seconded by Council Member Newcomb. Motion was approved 7 - O. MOTION: Council Member Smith made a motion to reappoint Mr. Ray Seabolt to the Ward 5 post of the Smyrna Hospital Authority. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. (Clerk's Note: This appointment is for a four-year term) MOTION: Council Member Lnenicka made a motion to reappoint Ms. Karen Avison to the Ward 6 post of the Smyrna Hospital Authority. The motion was seconded by Council Member Smith. Motion was approved 7 - O. (Clerk's Note: This appointment is for a four-year term) COMMERCIAL BUILDING PERMITS: - (A) 6,012 s. f. Bank Building - 5300 United Drive - Cork-Howard Construction Council Member Wood stated this permit is for construction of a bank facility to be used by South Trust Bank. MOTION: Council Member Wood made a motion to approve a commercial building permit for a 6,012 s. f. bank building at 5300 United Drive for Cork-Howard Construction. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. CONSENT AGENDA: (A) Approval of April 19, 2004 Minutes (B) Approval of Use of Council Chambers by Vinings Pointe for a HOA Meeting on May 4,2004 (C) Approval of Authorization for Mayor to Sign 2004 LARP Contracts These contracts are for the resurfacing of seven (7) streets in the City. The following streets were approved for funding: Ask Kay Drive, Atlanta Road (Concord Road to Powder Springs Street), Glenhurst Drive, Hayes Drive, Natalie Lane, Summerwood ~ ... (E) - Mav 3. 2004 3 Drive, and Summertree Court. The City Engineer has reviewed the documents and recommends approval. (D) Revision of City of Smyrna Personnel Policies and Procedures As a means of complying with ever-changing laws and to maintain good human resources functions, the Human Resources Department, along with assistance from Elarbee, Thompson, Sapp & Wilson (GIRMA Attorneys), recommend the revision of the following City of Smyrna Personnel Policies and Procedures: (8) Employee Personnel Records, (9) New Employee Orientation, (10) Performance Appraisal, (11) Employment References & Third Party Inquiries, (12) Time and Attendance, and (13) Flextime. A number of the city's current personnel policies were made effective approximately August 1, 1993, and since that time laws have changed and standard personnel procedures have become much more complex. The revision of these policies (and forthcoming policies) will allow the City of Smyrna's Personnel Policies and Procedures Manual to be lawful and representative of policies and procedures maintained by Georgia cities with good human resources functions. There were no recommended changes to the aforementioned policies. The effective date was changed to indicate that the policies have been reviewed. Approval of this revision to these City of Smyrna Personnel Policies is recommended. Bid Award 4629 - Materials and Labor to Replace Athletic Field Light Poles, Fixtures, and Underground Wiring at Jonquil Park and Rose Garden Park Replacement of poles and fixtures was planned for the Jonquil Baseball Field and T-Ball Field, as well as the Rose Garden Park Baseball Field using CIP monies. Lighting at the Jonquil Baseball Field will be reconfigured for soccer. $69,000 was budgeted. The additional $10,075 for this award will be provided from elsewhere in the parks budget. AllStar Lighting and Electrical Services recently received an annual contract for light pole removal and replacement (Sealed Bid 4629) from Cobb County Purchasing. Because the County extends its contracts to municipalities, this bid will be utilized for this City contract. A ward of this contract to AllStar Lighting and Electrical Service using Cobb County Purchasing Sealed Bid 4629 is recommended. (F) Approval of Change Order for Chuck Camp Park Phase 3 - This price is reflective of three changes to the existing contract with Sports Turf Company. The changes include: 1. Increase the size of the infield from a 65' baseline to a 90' baseline. Work includes regrading, moving irrigation lines and the addition of infield mix. 2. Install a 12' gate on the 1 sl base side of ballfield. 3. Install a concrete walk / path to the gate. Sufficient CDBG funds exist for this change order. The Department has requested a change in the original infield size that was specified in the contract to accommodate senior division youth ball and adult play at this field. Gates and concrete paths are also additions that have been given consideration since the contract was let. Approval of this contract work at Chuck Camp Park is recommended. May 3, 2004 4 (G) Approval of Addition of Names to the Veterans Memorial Requests have been made for the addition of the names of Harold Eaton and John Curtis Hayes to the Veterans Memorial. Mr. Eaton died while a prisoner of war in Europe after the German counteroffensive of December, 1944. Mr. Hayes was killed in action in Korea on November 3,1950. - (H) Approval of Purchase of Property with Greenspace Program Funds - Ridge Road Using the remainder of fiscal year 2001 and a portion of fiscal year 2002 monies received from the State of Georgia for the preservation of community greenspace, the City will purchase 1.11 acres on the south side of Ridge Road (near Atlanta Road.) So as to meet the statutory and rule requirements of the Georgia Greenspace Commission, this property will be purchased so as to be protected from development. The City of Smyrna recognizes the benefits of open and undeveloped areas. Open Space acquisition is a goal set forth in the Comprehensive Parks and Recreation Master Plan adopted in January, 2003. The City will continue its effort to identify parcels that can be preserved through purchase acquisition using Georgia Greenspace grant and other funds as they become available. Purchase of this 1.11 acre parcel with existing Georgia Greenspace grant funds is recommended MOTION: Council Member Wood made a motion to approve the consent agenda. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O. COMMITTEE REPORTS: - Council Member Pritchett stated any citizens wishing to serve on City volunteer boards should contact her for details. Council Member Pritchett reminded those present that the Vinings Pointe homeowners association will be holding a meeting at City Hall the following evening. Council Member Pritchett stated that Nalley Lexus will be opening its new facility in Smyrna tomorrow, and that Mr. Jim Nalley has expressed his appreciation to the City's officials and staff for their assistance with this project. Council Member Pritchett stated she abstained from voting on the Soil Erosion Control Ordinance at this meeting because, at the time of the vote, she was not sufficiently conversant with the proposed revisions to make any decision regarding them. Council Member Newcomb expressed appreciation to Ms. Jennie Palmer for agreeing to serve another term on the Smyrna Hospital Authority. Council Member Newcomb stated that the City will receive a 1.4 million dollar award for the Livable Centers Initiative for a path and landscaping on Atlanta Road. Council Member Newcomb commended Mr. Wright and the Community Development Department staff for their efforts in obtaining these funds for the City. Council Member Newcomb complimented Honorary Mayor Knight for ably presiding over the present proceedings. Council Member Scoggins stated that on May 25, Mr. Tom Drake from the Federal Railroad Administration will hold a town hall meeting at City Hall to solicit comments regarding quiet zones for the railway intersections in the City. ~ May 3. 2004 5 ... Council Member McNabb commented favorably about the Forest Hills home and garden tour recently conducted in the City. Council Member McNabb thanked the participating homeowners for making their premises available for this tour, as well as the event organizers for their efforts to make the tour possible. Council Member Smith thanked Mr. Garry Osborne for bringing some of his students to this meeting. Council Member Smith read to those present a letter recently received by Honorary Mayor Knight regarding a Certificate of Accomplishment she was recently awarded for sponsorship by the U.S. Naval Academy Foundation. Council Member Smith also read the Certificate of Accomplishment to those present. ... Council Member Lnenicka commented favorably about the Forest Hills home and garden tour recently conducted in the City. Council Member Lnenicka stated the Atlanta Regional Commission will hold a public meeting at the Community Center on May 5 to discuss the clean- up of the Chattahoochee and Flint River basins. Council Member Lnenicka commented favorably on the dedication ceremony held for the new G. B. Williams Park on April 24, and commended Council Member Scoggins and residents of that area for the efforts they made to help make this park possible. Council Member Lnenicka stated that on May 27, the Atlanta Vietnam Veterans Business Association will dedicate a monument on the City Hall lawn in honor of a Smyrna soldier killed during the Vietnam War. Council Member Lnenicka stated that on May 31, a Memorial Day ceremony will be conducted at the Veterans Memorial. Council Member Lnenicka stated that Veterans Memorial commemorative pavers are still available for subscription. Council Member Lnenicka stated that Secretary of the Navy Gordon Ingram recently placed an order for a Veterans Memorial commemorative paver. Council Member Lnenicka stated that Secretary Ingram will be at the Galleria Center on May 24 for the Armed Forces Day luncheon, and that Secretary Ingram will be the keynote speaker for this event. Council Member Lnenicka commented favorably about the award of funds recently received by the City from the Atlanta Regional Commission for the Livable Centers Initiative. Council Member Lnenicka commended Economic Development Coordinator Alan Durham, Mr. Wright and other staff members for the efforts they have made to help the City obtain this funding. Council Member Wood congratulated Honorary Mayor Knight on receiving the Certificate of Accomplishment for sponsorship by the U.S. Naval Academy Foundation, and thanked her for presiding over this evening's proceedings. Council Member Wood stated he is glad to see a large number of students from Campbell High School at this meeting. Council Member Wood reported that work on the City budget for next fiscal year is progressing, and that a balanced budget is expected to be ready by June. - Mr. Wright stated the Livable Centers Initiative grant recently awarded to the City is for a total streetscape project for a section of Atlanta Road. Mr. Wright stated some of the planned improvements include wide sidewalks, landscaped medians, and streetlights. Mr. Wright stated that, in response to a citizen request, the City Engineer checked the traffic light at Church Street and South Cobb Drive and determined that this control device allows adequate time for pedestrians to cross that intersection. Mr. Wright stated that, because South Cobb Drive is a State road, the Georgia Department of Transportation has been contacted and requested to examine this area to try to find ways to improve the safe utility of that route for pedestrians. Mr. Wright stated that, in response to a citizen inquiry regarding traffic safety in the area of the Community Center and Library, a number of options are under consideration which could improve conditions in that area. Mr. Wright stated that, until other safety measures can be implemented in the Community Center/Library area, the City police department will try to maintain a higher profile in that district May 3. 2004 6 to help make certain that pedestrians feel comfortable there. Mr. Wright complimented Honorary Mayor Knight for the manner in which she presided over this evening's council meeting. Mr. Cochran stated that the Cobb County Bar Association recognized Law Day this week, and that the Association presented Mayor Bacon with the Liberty Bell Award for his service to the community to strengthen freedom. - CITIZENS INPUT: Honorary Mayor Knight recognized Mr. Howard Martin, residing at 3435 Lee Street, and Mr. Martin asked Council Member McNabb what the original proposed size of the field at Chuck Camp Park was as referenced in agenda item 9F. Council Member McNabb stated the size of the infield will be increased from a 65' baseline to a 90' baseline. Mr. Martin stated those measurements are not consistent with the rules for various ballgames, and described various playing field specifications to those present. Mr. Martin stated that he has observed portable mounds installed at many ball fields, and that these portable mounds accommodate various dimensions. Honorary Mayor Knight recognized Pastor Reggie Wilborn from Union Baptist Church, and Pastor Wilborn expressed appreciation to the City's officials for inquiring into the concerns he expressed at the last council meeting regarding pedestrian safety on South Cobb Drive. Pastor Wilborn requested that the City Engineer be directed to check the timing of the traffic signal at Powder Springs Street and South Cobb Drive. Pastor Wilborn stated this signal does not allow sufficient time for pedestrians to cross the street. Honorary Mayor Knight recognized Ms. Sam Sammon, residing at 6007 Bordeau Walk, and Ms. Sammon showed photographs to those present depicting potholes in a parking area near Dickson Center. Ms. Sammon stated the holes in the pavement at that location need to be fixed in order to prevent accidents. Council Member McNabb stated the subject parking lot is on private property, and that the owner of record claims to have deeded that particular piece of property over to someone else. Council Member McNabb stated City marshals have been directed to give notice to the owner of record requiring the owner to correct the deficiencies at the subject location. Mr. Wright stated the owner has been summoned to court regarding this matter, and that the complaint is still pending. - Honorary Mayor Knight recognized Mr. Bartling, residing at 995 McLinden A venue, and Mr. Bartling expressed concerns about motor vehicles operating at high speed in the area of his neighborhood. Mr. Bartling showed a sketch depicting an accident near his residence to those present. Mr. Bartling suggested installation of additional stop signs and possibly speed humps in the subject area to help correct this problem. Council Member McNabb acknowledged that he has observed motorists driving too fast in that area, and stated the suggestions will be forwarded to the City Engineer. Honorary Mayor Knight thanked the Mayor and Council Members for the opportunity to directly experience the process of municipal government at this meeting, and commended them for their efforts on behalf of the citizens. ADJOURNMENT: With no further business, the meeting was adjourned at 8:25 p.m. ... May 3, 2004 .. r~- A. MAX BACON, MAYOR &rnW~-~ - ~U~ CHARLES PETE WOOD, WARD 7 - 7 .~~o y~- SUSAN D. HIOTT, CITY CLERK ~,~ J--A-- RON NEWCOMB, WARD 2 t!:k~ rn~ ~~ MIC AEL McNABB, WAR 4 Ordinance No. 2004 -18 _ AN ORDINANCE BY THE CITY OF SMYRNA, GEORGIA, PROVIDING FOR THE AMENDMENT OF THE CODE OF ORDINANCES OF THE CITY OF SMYRNA, GEORGIA, CHAPTER 46, ENVIRONMENT - ARTICLE II, SOIL EROSION AND SEDIMENTATION CONTROL ORDINANCE, TO PROVIDE FOR EST ABLISHMENT OF A LAND DISTURBANCE PERMIT FEE, EXEMPTIONS FROM THE STREAM BUFFER REQUIREMENT FOR PERPENDICULAR WATER AND SEWER LINE CROSSINGS, AND TO CONFORM WITH THE DIRECTIVE OF THE GEORGIA ENVIRONMENTAL PROTECTION DIVISION REQUIRING ALL LOCAL GOVERNMENTS TO ADOPT THIS MODEL ORDINANCE BY REPEALING THE EXISTING SOIL EROSION AND SEDIMENTATION CONTROL ORDINANCE (ARTICLE II, CHAPTER 46) IN ITS ENTIRETY AND REPLACING SAID CODE SECTION WITH A REVAMPED BODY OF REGULATIONS Sec. 46-30. Title. This ordinance will be known as "City of Smyrna Soil Erosion and Sedimentation Control Ordinance." Sec.46-31. Definitions. - The following definitions shall apply in the interpretation and enforcement of this ordinance, unless otherwise specifically stated: Best Management Practices (BMP's): A collection of structural practices and vegetative measures which, when properly designed, installed and maintained, will provide effective erosion and sedimentation control. The term "properly designed" means designed in accordance with the hydraulic design specifications contained in the "Manual for Erosion and Sediment Control in Georgia" specified in O.C.G.A. 12- 7-6 subsection (b). Board: The Board of Natural Resources. Buffer: The area of land immediately adjacent to the banks of state waters in its natural state of vegetation, which facilitates the protection of water quality and aquatic habitat. Commission: The State Soil & Water Conservation Commission. Cut: A portion of land surface or area from which earth has been removed or will be removed by excavation; the depth below original ground surface to excavated surface. Also known as excavation. - Department: The Department of Natural Resources. Ordinance No. 2004 -18 Director: The Director of the Environmental Protection Division of the Department of Natural Resources. - District: The Cobb County Soil and Water Conservation District. Division: The Environmental Protection Division of the Department of Natural Resources. Drainage Structure: A device composed of a virtually nonerodible material such as concrete, steel, plastic or other such material that conveys water from one place to another by intercepting the flow and carrying it to a release point for storm-water management, drainage control, or flood control purposes. Erosion: The process by which land surface is worn away by the action of wind, water, ice or gravity. Erosion and Sedimentation Control Plan: A plan for the control of soil erosion and sedimentation resulting from a land-disturbing activity. Also known as the "plan." Fill: A portion of land surface to which soil or other solid material has been added; the depth above the original ground. Finished Grade: The final elevation and contour of the ground after cutting or filling and conforming to the proposed design. - Grading: Altering the shape of ground surfaces to a predetermined condition; this includes stripping, cutting, filling, stockpiling and shaping or any combination thereof and shall include the land in its cut or filled condition. Ground Elevation: The original elevation of the ground surface prior to cutting or filling. Land-Disturbing Activity: Any activity which may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands within the state, including, but not limited to, clearing, dredging, grading, excavating, transporting, and filling ofland but not including agricultural practices as described in Sec. 46-32 (5). Larger Common Plan of Development or Sale: A contiguous area where multiple separate and distinct construction activities are occurring under one plan of development or sale. For the purposes of this paragraph, "plan" means an announcement; piece of documentation such as a sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning request, or computer design; or physical demarcation such as boundary signs, lot stakes, or surveyor markings, indicating that construction activities may occur on a specific plot. - 2 Ordinance No. 2004 -18 Local Issuing Authority: The governing authority of any county or municipality which is certified pursuant to subsection (a) a.c.G.A. 12-7-8. - Metropolitan River Protection Act (MRPA): A state law referenced as a.c.G.A. 12-5- 440 et.seq., which addresses environmental and developmental matters in certain metropolitan river corridors and their drainage basins. Natural Ground Surface: The ground surface in its original state before any grading, excavation or filling. Nephelometric Turbidity Units (NTU): Numerical units of measure based upon photometric analytical techniques for measuring the light scattered by finely divided particles of a substance in suspension. This technique is used to estimate the extent of turbidity in water in which colloidally dispersed particles are present. Operator: The party or parties that have: (A) operational control of construction project plans and specifications, including the ability to make modifications to those plans and specifications; or (B) day-to-day operational control of those activities that are necessary to ensure compliance with a storm-water pollution prevention plan for the site or other permit conditions, such as a person authorized to direct workers at a site to carry out activities required by the storm-water pollution prevention plan or to comply with other permit conditions. - Permit: The authorization necessary to conduct a land-disturbing activity under the provisions of this ordinance. Person: Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, state agency, municipality or other political subdivision of this State, any interstate body or any other legal entity. Project: The entire proposed development project regardless of the size of the area of land to be disturbed. Qualified Personnel: Any person who meets or exceeds the education and training requirements ofa.C.G.A. 12-7-19. Roadway Drainage Structure: A device such as a bridge, culvert, or ditch, composed of a virtually nonerodible material such as concrete, steel, plastic, or other such material that conveys water under a roadway by intercepting the flow on one side of a traveled way consisting of one or more defined lanes, with or without shoulder areas, and carrying water to a release point on the other side. - Sediment: Solid material, both organic and inorganic, that is in suspension, is being transported, or has been moved from its site of origin by air, water, ice, or gravity as a product of erosion. 3 Ordinance No. 2004 -18 Sedimentation: The process by which eroded material is transported and deposited by the action of water, wind, ice or gravity. - Soil and Water Conservation District Approved Plan: An erosion and sedimentation control plan approved in writing by the Cobb County soil and water conservation district. Stabilization: The process of establishing an enduring soil cover of vegetation by the installation of temporary or permanent structures for the purpose of reducing to a minimum the erosion process and the resultant transport of sediment by wind, water, ice or gravity. State General Permit: The National Pollution Discharge Elimination System general permit or permits for storm-water runoff from construction activities as is now in effect or as may be amended or reissued in the future pursuant to the state's authority to implement the same through federal delegation under the Federal Water Pollution Control Act, as amended, 33 U.s.c. Section 1251, et seq., and subsection (f) of Code Section 12-5-30. State Waters: Any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of the State which are not entirely confined and retained completely upon the property of a single individual, partnership, or corporation. - Structural Erosion and Sedimentation Control Practices: Practices for the stabilization of erodible or sediment-producing areas by utilizing the mechanical properties of matter for the purpose of either changing the surface of the land or storing, regulating or disposing of runoff to prevent excessive sediment loss. Examples of structural erosion and sediment control practices are riprap, sediment basins, dikes, level spreaders, waterways or outlets, diversions, grade stabilization structures, sediment traps and land grading, etc. Such practices can be found in the publication Manual for Erosion and Sediment Control in Georgia. Trout Streams: All streams or portions of streams within the watershed as designated by the Game and Fish Division of the Georgia Department of Natural Resources under the provisions of the Georgia Water Quality Control Act, O.C.G.A. 12-5-20 et. seq. Streams designated as primary trout waters are defined as water supporting a self-sustaining population of rainbow, brown or brook trout. Streams designated as secondary trout waters are those in which there is no evidence of natural trout reproduction, but are capable of supporting trout throughout the year. First order trout waters are streams into which no other streams flow except springs. Vegetative Erosion and Sedimentation Control Measures: Measures for the stabilization of erodible or sediment-producing areas by covering the soil with: - 4 Ordinance No. 2004 -18 - a. Permanent seeding, sprigging or planting, producing long-term vegetative cover; or b. Temporary seeding, producing short-term vegetative cover; or c. Sodding, covering areas with a turf of perennial sod-forming grass. Such measures can be found in the publication Manual for Erosion and Sediment Control in Georgia. Watercourse: Any natural or artificial watercourse, stream, river, creek, channel, ditch, canal, conduit, culvert, drain, waterway, gully, ravine, or wash in which water flows either continuously or intermittently and which has a definite channel, bed and banks, and including any area adjacent thereto subject to inundation by reason of overflow or floodwater. Wetlands: Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Sec. 46-32. Exemptions. This ordinance shall apply to any land-disturbing activity undertaken by any person on any land except for the following: - (1) Surface mining, as the same is defined in a.c.G.A. 12-4-72, "Mineral Resources and Caves Act;" (2) Granite quarrying and land clearing for such quarrying; (3) Such minor land-disturbing activities as home gardens and individual home landscaping, repairs, maintenance work, fences, and other related activities which result in minor soil erosion; (4) The construction of single-family residences, when such construction disturbs less than one acre and is not a part of a larger common plan of development or sale with a planned disturbance of equal to or greater than one acre and not otherwise exempted under this paragraph; provided, however, that construction of any such residence shall conform to the minimum requirements as set forth in Sec. 46-33 of this ordinance and this paragraph. For single-family residence construction covered by the provisions of this paragraph, there shall be a buffer zone between the residence and any state waters classified as trout streams pursuant to Article 2 of Chapter 5 of the Georgia Water Quality Control Act. In any such buffer zone, no land-disturbing activity shall be constructed between the residence and the point where vegetation has been wrested by normal stream flow or wave action from the banks of the trout waters. For primary trout waters, the buffer zone shall be at least 50 horizontal feet, and no variance to a smaller buffer shall be granted. For - 5 Ordinance No. 2004 -18 secondary trout waters, the buffer zone shall be at least 50 horizontal feet, but the Director may grant variances to no less than 25 feet. Regardless of whether a trout stream is primary or secondary, for first order trout waters, which are streams into which no other streams flow except for springs, the buffer shall be at least 25 horizontal feet, and no variance to a smaller buffer shall be granted. The minimum requirements of Sec. 46-33 of this ordinance and the buffer zones provided by this section shall be enforced by the issuing authority; - (5) Agricultural operations as defined in O.e.G.A. 1-3-3, "definitions," to include raising, harvesting or storing of products of the field or orchard; feeding, breeding or managing livestock or poultry; producing or storing feed for use in the production of livestock, including but not limited to cattle, calves, swine, hogs, goats, sheep, and rabbits or for use in the production of poultry, including but not limited to chickens, hens and turkeys; producing plants, trees, fowl, or animals; the production of aqua culture, horticultural, dairy, livestock, poultry, eggs and apiarian products; farm buildings and farm ponds; (6) Forestry land management practices, including harvesting; provided, however, that when such exempt forestry practices cause or result in land-disturbing or other activities otherwise prohibited in a buffer, as established in paragraphs (15) and (16) of Sec. 46-33 (c) of this ordinance, no other land-disturbing activities, except for normal forest management practices, shall be allowed on the entire property upon which the forestry practices were conducted for a period of three years after completion of such forestry practices; - (7) Any project carried out under the technical supervision of the Natural Resources Conservation Service of the United States Department of Agriculture; (8) Any project involving less than one acre of disturbed area; provided, however, that this exemption shall not apply to any land-disturbing activity within a larger common plan of development or sale with a planned disturbance of equal to or greater than one acre or within 200 feet of the bank of any state waters, and for purposes of this paragraph, "State Waters" excludes channels and drainageways which have water in them only during and immediately after rainfall events and intermittent streams which do not have water in them year-round; provided, however, that any person responsible for a project which involves less than one=acre, which involves land-disturbing activity, and which is within 200 feet of any such excluded channel or drainageway, must prevent sediment from moving beyond the boundaries of the property on which such project is located and provided, further, that nothing contained herein shall prevent the Local Issuing Authority from regulating any such project which is not specifically exempted by paragraphs (1), (2), (3), (4), (5), (6), (7), (9) or (10) of this section; (9) Construction or maintenance projects, or both, undertaken or financed in whole or in part, or both, by the Department of Transportation, the Georgia Highway Authority, or the State Tollway Authority; or any road construction or maintenance - 6 Ordinance No. 2004 -18 ... project, or both, undertaken by any county or municipality; provided, however, that construction or maintenance projects of Department of Transportation or State Tollway Authority which disturb one or more contiguous acres of land shall be subject to provisions of O.C.G.A. 12-7-7.1; except where the Department of Transportation, the Georgia Highway Authority, or the State Road and Tollway Authority is a secondary permittee for a project located within a larger common plan of development or sale under the state general permit, in which case a copy of a notice of intent under the state general permit shall be submitted to the local issuing authority, the local issuing authority shall enforce compliance with the minimum requirements set forth in O.CG.A. 12-7-6 as if a permit had been issued, and violations shall be subject to the same penalties as violations by permit holders; - (10) Any land-disturbing activities conducted by any electric membership corporation or municipal electrical system or any public utility under the regulatory jurisdiction of the Public Service Commission, any utility under the regulatory jurisdiction of the Federal Energy Regulatory Commission, any cable television system as defined in O.CG.A. 36-18-1, or any agency or instrumentality of the United States engaged in the generation, transmission, or distribution of power; except where an electric membership corporation or municipal electrical system or any public utility under the regulatory jurisdiction of the Public Service Commission, any utility under the regulatory jurisdiction of the Federal Energy Regulatory Commission, any cable television system as defined in O.CG.A. 36-18-1, or any agency or instrumentality of the United states engaged in the generation, transmission, or distribution of power is a secondary permittee for a project located within a larger common plan of development or sale under the state general permit, in which case the local issuing authority shall enforce compliance with the minimum requirements set forth in O.CG.A. 12-7-6 as if a permit had been issued, and violations shall be subject to the same penalties as violations by permit holders; and (11) Any public water system reservoir. Sec. 46-33. Minimum requirements for erosion and sedimentation control using best management practices. - (a) General provisions Excessive soil erosion and resulting sedimentation can take place during land- disturbing activities. Therefore, plans for those land-disturbing activities which are not exempted by this ordinance shall contain provisions for application of soil erosion and sedimentation control measures and practices. The provisions shall be incorporated into the erosion and sedimentation control plans. Soil erosion and sedimentation control measures and practices shall conform to the minimum requirements of Sec. 46-33 (b) and (c) of this ordinance. The application of measures and practices shall apply to all features of the site, including street and utility installations, drainage facilities and other temporary and permanent improvements. Measures shall be installed to prevent or control erosion and sedimentation pollution during all stages of any land-disturbing activity. 7 Ordinance No. 2004 -18 (b) Minimum requirements/BMP's (1) Best management practices as set forth in Sec. 46-33 (b) and (c) of this ordinance shall be required for all land-disturbing activities. Proper design, installation, and maintenance of best management practices shall constitute a complete defense to any action by the Director or to any other allegation of noncompliance with paragraph (2) of this subsection or any substantially similar terms contained in a permit for the discharge of stormwater issued pursuant to subsection (f) of a.c.G.A. 12-5-30, the "Georgia Water Quality Control Act". As used in this subsection, the terms "proper design" and "properly designed" mean designed in accordance with the hydraulic design specifications contained in the "Manual for Erosion and Sediment Control in Georgia" specified in a.c.G.A. 12-7-6 subsection (b). - (2) A discharge of stormwater runoff from disturbed areas where best management practices have not been properly designed, installed, and maintained shall constitute a separate violation of any land-disturbing permit issued by a local Issuing Authority or of any state general permit issued by the Division pursuant to subsection (f) of a.c.G.A. 12-5-30, the "Georgia Water Quality Control Act", for each day on which such discharge results in the turbidity of receiving waters being increased by more than 25 nephelometric turbidity units for waters supporting warm water fisheries or by more than ten nephelometric turbidity units for waters classified as trout waters. The turbidity of the receiving waters shall be measured in accordance with guidelines to be issued by the Director. This paragraph shall not apply to any land disturbance associated with the construction of single family homes which are not part of a larger common plan of development or sale unless the planned disturbance for such construction is equal to or greater than five acres. - (3) Failure to properly design, install, or maintain best management practices shall constitute a violation of any land-disturbing permit issued by a Local Issuing Authority or of any state general permit issued by the Division pursuant to subsection (f) of Code Section 12-5-30, the "Georgia Water Quality Control Act", for each day on which such failure occurs. (4) The Director may require, in accordance with regulations adopted by the Board, reasonable and prudent monitoring of the turbidity level of receiving waters into which discharges from land disturbing activities occur. (c) The rules and regulations, ordinances, or resolutions adopted pursuant to this chapter for the purpose of governing land-disturbing activities shall require, as a minimum, protections at least as stringent as the state general permit; and best management practices, including sound conservation and engineering practices to prevent and minimize erosion and resultant sedimentation, which are consistent with, and no less stringent than, those practices contained in the Manual for - 8 Ordinance No. 2004 -18 - Erosion and Sediment Control in Georgia published by the Georgia Soil and Water Conservation Commission as of January 1 of the year in which the land- disturbing activity was permitted, as well as the following: (1) Stripping of vegetation, regrading and other development activities shall be conducted in a manner so as to minimize erosion; (2) Cut-fill operations must be kept to a minimum; (3) Development plans must conform to topography and soil type so as to create the lowest practical erosion potential; (4) Whenever feasible, natural vegetation shall be retained, protected and supplemented; (5) The disturbed area and the duration of exposure to erosive elements shall be kept to a practicable minimum; (6) Disturbed soil shall be stabilized as quickly as practicable; (7) Temporary vegetation or mulching shall be employed to protect exposed critical areas during development; - (8) Permanent vegetation and structural erosion control practices shall be installed as soon as practicable; (9) To the extent necessary, sediment in run-off water must be trapped by the use of debris basins, sediment basins, silt traps, or similar measures until the disturbed area is stabilized. As used in this paragraph, a disturbed area is stabilized when it is brought to a condition of continuous compliance with the requirements of O.c.G.A. 12-7-1 et. seq.; (10) Adequate provisions must be provided to minimize damage from surface water to the cut face of excavations or the sloping of fills; (11) Cuts and fills may not endanger adjoining property; (12) Fills may not encroach upon natural watercourses or constructed channels in manner so as to adversely affect other property owners; (13) Grading equipment must cross flowing streams by means of bridges or culverts except when such methods are not feasible, provided, in any case, that such crossings are kept to a minimum; - 9 Ordinance No. 2004 -18 (14) Land-disturbing activity plans for erosion and sedimentation control shall include provisions for treatment or control of any source of sediments and adequate sedimentation control facilities to retain sediments on-site or preclude sedimentation of adjacent waters beyond the levels specified in Sec. 46-33 (b) (2) of this ordinance; -- (15) Except as provided in paragraph (16) of this subsection, there is established a 50 foot buffer along the banks of all state waters, as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action, except where the Director determines to allow a variance that is at least as protective of natural resources and the environment, where otherwise allowed by the Director pursuant to O.c.G.A. 12-2-8, or where a drainage structure or a roadway drainage structure must be constructed, provided that adequate erosion control measures are incorporated in the project plans and specifications, and are implemented; provided, however, the buffers of at least 25 feet established pursuant to part 6 of Article 5, Chapter 5 of Title 12, the "Georgia Water Quality Control Act", shall remain in force unless a variance is granted by the Director as provided in this paragraph. The following requirements shall apply to any such buffer: a. No land-disturbing activities shall be conducted within a buffer and a buffer shall remain in its natural, undisturbed state of vegetation until all land- disturbing activities on the construction site are completed. Once the final stabilization of the site is achieved, a buffer may be thinned or trimmed of vegetation as long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; provided, however, that any person constructing a single-family residence, when such residence is constructed by or under contract with the owner for his or her own occupancy, may thin or trim vegetation in a buffer at any time as long as protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; and -- b. The buffer shall not apply to the following land-disturbing activities, provided that they occur at an angle, as measured from the point of crossing, within 25 degrees of perpendicular to the stream; cause a width of disturbance of not more than 50 feet within the buffer; and adequate erosion control measures are incorporated into the project plans and specifications and are implemented: (i) Stream crossings for water lines; or (ii) Stream crossings for sewer lines; and c. Paragraph (15) of this chapter shall not apply to any subdivisions or other plats approved by the city prior to February 1,2002. For any subdivision approved prior to February 1,2002 the previously approved 25-foot stream buffer requirement (or other buffer requirement approved by the city) shall remain in effect. - 10 Ordinance No. 2004 -18 - (16) There is established a 50 foot buffer as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action, along the banks of any state waters classified as "trout streams" pursuant to Article 2 of Chapter 5 of Title 12, the "Georgia Water Quality Control Act", except where a roadway drainage structure must be constructed; provided, however, that small springs and streams classified as trout streams which discharge an average annual flow of 25 gallons per minute or less shall have a 25 foot buffer or they may be piped, at the discretion of the landowner, pursuant to the terms of a rule providing for a general variance promulgated by the Board, so long as any such pipe stops short of the downstream landowner's property and the landowner complies with the buffer requirement for any adjacent trout streams. The Director may grant a variance from such buffer to allow land-disturbing activity, provided that adequate erosion control measures are incorporated in the project plans and specifications and are implemented. The following requirements shall apply to such buffer: - a. No land-disturbing activities shall be conducted within a buffer and a buffer shall remain in its natural, undisturbed, state of vegetation until all land- disturbing activities on the construction site are completed. Once the final stabilization of the site is achieved, a buffer may be thinned or trimmed of vegetation as long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed: provided, however, that any person constructing a single-family residence, when such residence is constructed by or under contract with the owner for his or her own occupancy, may thin or trim vegetation in a buffer at any time as long as protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; and b. The buffer shall not apply to the following land-disturbing activities, provided that they occur at an angle, as measured from the point of crossing, within 25 degrees of perpendicular to the stream; cause a width of disturbance of not more than 50 feet within the buffer; and adequate erosion control measures are incorporated into the project plans and specifications and are implemented: (i) Stream crossings for water lines; or (ii) Stream crossings for sewer lines. (d) Nothing contained in this chapter shall prevent any Local Issuing Authority from adopting rules and regulations, ordinances, or resolutions which contain stream buffer requirements that exceed the minimum requirements in Sec. 46- 33 (b) and (c) of this ordinance. (e) The fact that land-disturbing activity for which a permit has been issued results in injury to the property of another shall neither constitute proof of nor create a presumption of a violation of the standards provided for in this ordinance or the terms of the permit. - 11 Ordinance No. 2004 -18 Sec. 46-34. Application/permit process. (a) General The property owner, developer and designated planners and engineers shall review the general development plans and detailed plans of the Local Issuing Authority that affect the tract to be developed and the area surrounding it. They shall review the zoning ordinance, stormwater management ordinance, subdivision ordinance, flood damage prevention ordinance, this ordinance, and other ordinances which regulate the development of land within the jurisdictional boundaries of the Local Issuing Authority. However, the operator is the only party who may obtain a permit. - (b) Application requirements (1) No person shall conduct any land-disturbing activity within the jurisdictional boundaries of the City of Smyrna without first obtaining a permit from the Community Development Department to perform such activity. (2) The application for a permit shall be submitted to the City Engineer and must include the applicant's erosion and sedimentation control plan with supporting data, as necessary. Said plans shall include, as a minimum, the data specified in Sec. 46-34 (c) of this ordinance. Soil erosion and sedimentation control plans shall conform to the provisions of Section Sec. 46-33 (b) and (c) of this ordinance. Applications for a permit will not be accepted unless accompanied by five (5) copies of the applicant's soil erosion and sedimentation control plans. All applications shall contain a certification stating that the plan preparer or the designee thereof visited the site prior to creation of the plan or that such a visit was not required in accordance with rules and regulations established by the board. - (3) A fee, in the amount of $5 shall be charged for each acre or fraction thereof in the project area, but in no case less than $50. (4) In addition to the local permitting fees, fees will also be assessed pursuant to paragraph (5) subsection (a) of O.c.G.A. 12-5-23, provided that such fees shall not exceed $80.00 per acre of land-disturbing activity, and these fees shall be calculated and paid by the primary permittee as defined in the state general permit for each acre of land-disturbing activity included in the planned development or each phase of development. All applicable fees shall be paid prior to issuance of the land disturbance permit. In a jurisdiction that is certified pursuant to subsection (a) of O.C.G.A. 12-7-8 half of such fees levied shall be submitted to the division; except that any and all fees due from an entity which is required to give notice pursuant to paragraph (9) or (10) of o.c.G.A. 12-7-17 shall be submitted in full to the division, regardless of the existence of a local issuing authority in the jurisdiction. -- 12 Ordinance No. 2004 -18 - (5) Immediately upon receipt of an application and plan for a permit, the Local Issuing Authority shall refer the application and plan to the District for its review and approval or disapproval concerning the adequacy of the erosion and sedimentation control plan. A District shall approve or disapprove a plan within 35 days of receipt. Failure ofa District to act within 35 days shall be considered an approval of the pending plan. The results of the District review shall be forwarded to the Issuing Authority. No permit will be issued unless the plan has been approved by the District, and any variances required by Sec. 46-33 (15) and (16) and bonding, if required as per Sec. 46-34 (b) (5), have been obtained. Such review will not be required if the Issuing Authority and the District have entered into an agreement which allows the Issuing Authority to conduct such review and approval of the plan without referring the application and plan to the District. (6) If a permit applicant has had two or more violations of previous permits, this ordinance section, or the Erosion and Sedimentation Act, as amended, within three years prior to the date of filing of the application under consideration, the Local Issuing Authority may deny the permit application. - (7) The Local Issuing Authority may require the permit applicant to post a bond in the form of government security, cash, irrevocable letter of credit, or any combination thereof up to, but not exceeding, $3,000.00 per acre or fraction thereof ofthe proposed land-disturbing activity, prior to issuing the permit. If the applicant does not comply with this ordinance or with the conditions of the permit after issuance, the Local Issuing Authority may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance. These provisions shall not apply unless there is in effect an ordinance or statute specifically providing for hearing and judicial review of any determination or order of the Local Issuing Authority with respect to alleged permit violations. (c) Plan requirements. (1) Plans must be prepared to meet the minimum requirements as contained in Sec. 46-33 (b) and (c) ofthis ordinance. Conformance with the minimum requirements may be attained through the use of design criteria in the current issue of the Manual for Erosion and Sediment Control in Georgia, published by the State Soil and Water Conservation Commission as a guide; or through the use of more stringent, alternate design criteria which conform to sound conservation and engineering practices. The Manual for Erosion and Sediment Control in Georgia is hereby incorporated by reference into this ordinance. The plan for the land- disturbing activity shall consider the interrelationship of the soil types, geological and hydrological characteristics, topography, watershed, vegetation, proposed permanent structures including roadways, constructed waterways, sediment control and storm water management facilities, local ordinances and State laws. - 13 Ordinance No. 2004 -18 (2) Data Required for Site Plan a. Narrative or notes, and other information: Notes or narrative to be located on the site plan in general notes or in erosion and sediment control notes. - b. Description of existing land use at project site and description of proposed project. c. Name, address, and phone number of the property owner. d. Name and phone number of 24-hour local contact who is responsible for erosion and sedimentation controls. e. Size of project, or phase under construction, in acres. f. Activity schedule showing anticipated starting and completion dates for the project. Include the statement in bold letters, that "the installation of erosion and sedimentation control measures and practices shall occur prior to or concurrent with land-disturbing activities." g. Stormwater and sedimentation management systems-storage capacity, hydrologic study, and calculations, including off-site drainage areas. h. Vegetative plan for all temporary and permanent vegetative measures, including species, planting dates, and seeding, fertilizer, lime, and mulching rates. The vegetative plan should show options for year-round seeding. .... 1. Detail drawings for all structural practices. Specifications may follow guidelines set forth in the Manual for Erosion and Sediment Control in Georgia. J. Maintenance statement - "Erosion and sedimentation control measures will be maintained at all times. If full implementation of the approved plan does not provide for effective erosion and sediment control, additional erosion and sediment control measures shall be implemented to control or treat the sediment source." k. Site development plan as required in Sec. 106-33.1 of the City of Smyrna Code of Ordinances (3) Maps, drawings, and supportive computations shall bear the signature/seal of a registered or certified professional in engineering, architecture, landscape architecture, land surveying, or erosion and sedimentation control. After December 31, 2006, all persons involved in land development design, review, permitting, construction, monitoring, or inspection or any land-disturbing activity shall meet the education and training certification requirements as developed by the Commission pursuant to C.O.G.A. 12-7-20. The certified plans shall contain: - 14 Ordinance No. 2004 -18 a. Graphic scale and north point or arrow indicating magnetic north. - b. Vicinity maps showing location of project and existing streets. c. Boundary line survey. d. Delineation of disturbed areas within project boundary. e. Existing and planned contours, with an interval in accordance with the following: Map Scale Ground Contour Slope Interval, ft. 1 inch = 100 ft. Flat 0-2% 0.5 or 1 or larger scale Rolling 2-8% lor 2 Steep 8% + 2, 5 or 10 f. Adjacent areas and feature areas such as streams, lakes, residential areas, etc. which might be affected should be indicated on the plan. g. Proposed structures or additions to existing structures and paved areas. - h. Delineate the 50-foot horizontal buffer adjacent to state waters and the specified width in MRP A areas. 1. Delineate the specified horizontal buffer along designated trout streams, where applicable. J. Location of erosion and sedimentation control measures and practices using coding symbols from the Manual for Erosion and Sediment Control in Georgia, Chapter 6. (4) Maintenance of all soil erosion and sedimentation control practices, whether temporary or permanent, shall be at all times the responsibility of the property owner. (d) Permits. (1) Permits shall be issued or denied as soon as practicable but in any event not later than forty-five (45) days after receipt by the Local Issuing Authority of a completed application, providing variances and bonding are obtained, where necessary. - 15 Ordinance No. 2004 -18 (2) No permit shall be issued by the Local Issuing Authority unless the erosion and sedimentation control plan has been approved by the District and the Local Issuing Authority has affirmatively determined that the plan is in compliance with this ordinance, any variances required by Sec. 46-33 (c) (15) and (16) are obtained, bonding requirements, if necessary, as per Sec. 46-34 (b) (5) are met and all ordinances and rules and regulations in effect within the jurisdictional boundaries of the Local Issuing Authority are met. If the permit is denied, the reason for denial shall be furnished to the applicant. - (3) Ifthe tract is to be developed in phases, then a separate permit shall be required for each phase. (4) The permit may be suspended, revoked, or modified by the Local Issuing Authority, as to all or any portion of the land affected by the plan, upon finding that the holder or his successor in the title is not in compliance with the approved erosion and sedimentation control plan or that the holder or his successor in title is in violation of this ordinance. A holder of a permit shall notify any successor in title to him as to all or any portion of the land affected by the approved plan of the conditions contained in the permit. Sec. 46-35. Inspection and enforcement. (a) The City of Smyrna will periodically inspect the sites ofland-disturbing activities for which permits have been issued to determine if the activities are being conducted in accordance with the plan and if the measures required in the plan are effective in controlling erosion and sedimentation. Also, the Local Issuing Authority shall regulate both primary and secondary permittees as such terms are defined in the state general permit. Primary permittees shall be responsible for installation and maintenance of best management practices where the primary permittee is conducting land-disturbing activities. Secondary permittees shall be responsible for installation and maintenance of best management practices where the secondary permittee is conducting land-disturbing activities. If, through inspection, it is deemed that a person engaged in land-disturbing activities as defined herein has failed to comply with the approved plan, with permit conditions, or with the provisions of this ordinance, a written notice to comply shall be served upon that person. The notice shall set forth the measures necessary to achieve compliance and shall state the time within which such measures must be completed. If the person engaged in the land- disturbing activity fails to comply within the time specified, he shall be deemed in violation of this ordinance. - (b) The City of Smyrna shall have the power to conduct such investigations as it may reasonably deem necessary to carry out duties as prescribed in this ordinance, and for this purpose to enter at reasonable times upon any property, public or private, for the purpose of investigation and inspecting the sites of land-disturbing activities. (c) No person shall refuse entry or access to any authorized representative or agent of the Issuing Authority, the Commission, the District, or Division who requests entry for the - 16 Ordinance No. 2004 -18 - 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 his official duties. (d) The Districts or the Commission or both shall periodically review the actions of counties and municipalities which have been certified as Local Issuing Authorities pursuant to a.c.G.A. 12-7-8 (a). The Districts or the Commission or both may provide technical assistance to any county or municipality for the purpose of improving the effectiveness of the county's or municipality's erosion and sedimentation control program. The Districts or the Commission shall notify the Division and request investigation by the Division if any deficient or ineffective local program is found. - (e) The Board, on or before December 31, 2003, shall promulgate rules and regulations setting forth the requirements and standards for certification and the procedures for decertification of a local issuing authority. The Division may periodically review the actions of counties and municipalities which have been certified as Local Issuing Authorities pursuant to Code Section 12-7-8 ( a). Such review may include, but shall not be limited to, review of the administration and enforcement of a governing authority's ordinance and review of conformance with an agreement, if any, between the district and the governing authority. If such review indicates that the governing authority of any county or municipality certified pursuant to a.c.G.A. 12-7-8 (a) has not administered or enforced its ordinances or has not conducted the program in accordance with any agreement entered into pursuant to a.c.G.A. 12-7-7 (e), the Division shall notify the governing authority of the county or municipality in writing. The governing authority of any county or municipality so notified shall have 30 days within which to take the necessary corrective action to retain certification as a Local Issuing Authority. If the county or municipality does not take necessary corrective action within 30 days after notification by the division, the division may revoke the certification of the county or municipality as a Local Issuing Authority. Sec. 46-36. Penalties and incentives. (a) Failure to obtain a permit for land disturbing activity. If any person commences any land-disturbing activity requiring a land-disturbing permit as prescribed in this ordinance without first obtaining said permit, the person shall be subject to revocation of his business license, work permit or other authorization for the conduct of a business and associated work activities within the jurisdictional boundaries of the Issuing Authority. (b) Stop work orders. ... (1) For the first and second violations of the provisions of this ordinance, the Director or the Local Issuing Authority shall issue a written warning to the violator. The violator shall have five days to correct the violation. If the violation is not corrected within five days, the Director or the Local Issuing Authority shall issue a stop-work order requiring that land-disturbing activities be stopped until necessary corrective action or mitigation has occurred; provided, however, that, if the violation presents an imminent threat to public health or waters of the state or 17 Ordinance No. 2004 -18 if the land-disturbing activities are conducted without obtaining the necessary permit, the Director or the Local Issuing Authority shall issue an immediate stop- work order in lieu of a warning; - (2) For a third and each subsequent violation, the Director or the Local Issuing Authority shall issue an immediate stop-work order; and; (3) All stop-work orders shall be effective immediately upon issuance and shall be in effect until the necessary corrective action or mitigation has occurred. (4) When a violation in the form of taking action without a permit, failure to maintain a stream buffer, or significant amounts of sediment, as determined by the local issuing authority or by the director or his or her designee, have been or are being discharged into state waters and where best management practices have not been properly designed, installed, and maintained, a stop work order shall be issued by the local issuing authority or by the director or his or her designee. All such stop work orders shall be effective immediately upon issuance and shall be in effect until the necessary corrective action or mitigation has occurred. Such stop work orders shall apply to all land-disturbing activity on the site with the exception of the installation and maintenance of temporary or permanent erosion and sediment controls. (c) Bondforfeiture. If, through inspection, it is determined that a person engaged in land-disturbing activities has failed to comply with the approved plan, a written notice to comply shall be served upon that person. The notice shall set forth the measures necessary to achieve compliance with the plan and shall state the time within which such measures must be completed. If the person engaged in the land-disturbing activity fails to comply within the time specified, he shall be deemed in violation of this ordinance and, in addition to other penalties, shall be deemed to have forfeited his performance bond, if required to post one under the provisions of Sec. 46-34 (b) (5). The Issuing Authority may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance. - (d) Monetary penalties. Any person who violates any provisions ofthis ordinance, or any permit condition or limitation established pursuant to this ordinance, or who negligently or intentionally fails or refuses to comply with any final or emergency order of the Director issued as provided in this ordinance shall be liable for a civil penalty not to exceed $2,500.00 per day. For the purpose of enforcing the provisions ofthisordinance, notwithstanding any provisions in any City charter to the contrary, municipal courts shall be authorized to impose penalty not to exceed $2,500.00 for each violation. Notwithstanding any limitation of law as to penalties which can be assessed for violations of county ordinances, any magistrate court or any other court of competent jurisdiction trying cases brought as violations of this ordinance under county ordinances approved under this ordinance shall be authorized to impose penalties for -- 18 Ordinance No. 2004 -18 such violations not to exceed $2,500.00 for each violation. Each day 'd~ring which violation or failure or refusal to comply continues shall be a separate violation. - Sec. 46-37. Education and certification. , . After December 31,2006, all persons involved in land development design, review, permitting, construction, monitoring, or inspection or any land-disturbing activity shall meet the education and training certification requirements, dependent on their level of involvement with the process, as developed by the Commission in consultation with the division' andthe stakeholder advisory board createdpursuant to O.c.G.A. 12-7-20. Sec. 46-38. Administrative appeal; judicial review. (a) Administrative remedies. The suspension, revocation, modification or grant with condition of a permit by the Issuing Authority upon finding that the holder is not in compliance with the approved erosion and sediment control plan; or that the holder is in violation of permit conditions; or that the holder is in violation of any ordinance; shall entitle the person submitting the plan or holding the permit to a hearing before the City of Smyrna within 30 days after receipt by the Issuing Authority of written notice of appeal. - (b) Judicial review. Any person, aggrieved by a decision or order of the Issuing Authority, after exhausting his administrative remedies, shall have the right to appeal denovo to the Superior Court of Cobb County. Sec. 46-39 Effectivity, validity and liability. (a) Effectivity. This ordinance shall become effective on the 1 st day of June, 2004. (b) Validity. If any section, paragraph, clause, phrase, or provision of this ordinance shall be adjudged invalid or held unconstitutional, such decisions shall not effect the remaining portions of this ordinance. (c) Liability. (1) Neither the approval of a plan under the provisions of this ordinance, nor the compliance with provisions of this ordinance shall relieve any person from the responsibility for damage to any person or property otherwise imposed by law nor impose any liability upon the Issuing Authority or District for damage to any person or property. - (2) The fact that a land-disturbing activity for which a permit has been issued results in injury to the property of another shall neither constitute proof of nor create a presumption of a violation of the standards provided for in this 19 Ordinance No. 2004 -18 ordinance or the terms of the permit. (3) No provision of this ordinance shall p'ennit any persons to violate the Georgia Erosion and Sedimentation Act of 1975, the Georgia Water Quality Control Act or the rules and regulat~ons promulgated and approved thereunder or pollute any Waters of the State as defined thereby. - . 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 3rd day of May, 2004. Attest: f~ A. Max Bacon, Mayor - ~ [).y(~ Susan D. Hiott, City Clerk City of Smyrna Approved as to form: j~ Scott A. Cochran, City Attorney City of Smyrna - 20