08012005 August 1, 2005
August 1, 2005
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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 except Council Member Scoggins. Also present were City
Administrator Wayne Wright, City Clerk Susan Hiott, City Attorney Scott Cochran, and
representatives of the press.
Invocation was given by Pastor Steve Kimmel from First Baptist Church, followed by the pledge
to the flag.
AGENDA CHANGES:
There were none.
MAYOR'S REPORT:
Mayor Bacon stated that the City has recently been awarded Federal grant funds for a number of
projects. Mayor Bacon stated Council Member Scoggins was unable to attend this meeting
because of medical issues.
LAND ISSUES/ZONING/ANNEXATION:
(A) Public Hearing - Approval of amendment to Section 1400 of the Zoning Code relative to
zoning variance procedures {Ordinance # 2005-34}
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Mr. Wright stated that, at the city council's request, staff has studied the feasibility of establishing
a new process to review licenses and variances. Mr. Wright stated the existing code contains
minimum standards for evaluation of variance requests including a requirement for such requests
to be heard by the city council. Mr. Wright stated this proposed code amendment will authorize
variance requests to be sent to the license and variance board for review. Mr. Wright stated the
actual creation of a board will be accomplished with a separate ordinance.
Council Member Newcomb stated that variance requests to be heard by the license and variance
board will be afforded the same public notification and other administrative procedure generally
associated with such requests. Council Member Newcomb stated that petitioners will also be
able to bring appeals of license and variance board rulings before the city council. Council
Member Newcomb stated he believes that a license and variance board will provide an efficient
means of processing variance requests of a routine nature.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
MOTION: Council Member Newcomb made a motion to approve amendment to Section 1400 of
the Zoning Code relative to zoning variance procedures {Ordinance # 2005-34}. The motion was
seconded by Council Member Pritchett. Motion was approved 6 - O.
(B) Public Hearing - Variance Request V05-030 - Reduction in Side Yard Setback - 352
Hickory Acres Drive - Bhaskar Kolhe
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Mr. Wright stated the applicant is requesting a reduction in side yard setback from the minimum
of 10' down to 2' in order to expand an existing carport. Mr. Wright stated staff recommends
August 1, 2005
2
approval of the request.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
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MOTION: Council Member Smith made a motion to approve Variance Request V05-030 for
a reduction in side yard setback to 2' at 352 Hickory Acres Drive for Bhaskar Kolhe. The motion
was seconded by Council Member Wood. Motion was approved 6 - O.
(C) Public Hearing - Variance Request V05-031 - Reduction in Rear Yard Setback - 4121
Daniel Green Trail - Daniel Parker
Mr. Wright stated the applicant is requesting a reduction in rear yard setback from the minimum
of 20' down to 17' in connection with construction of an addition to the house. Mr. Wright stated
the variance is needed because the footings of the addition were located approximately two feet
into the rear yard setback in error during construction. Mr. Wright stated the addition plans were
previously approved by the aIde Vinings Mill homeowners association (HOA). Mr. Wright
stated staff recommends approval of the request provided the addition matches the plans on file
with the City building department.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
At Council Member Lnenicka's request, Mrs. Parker provided details to those present concerning
the addition to the subject house. Mrs. Parker stated a bedroom, bathroom and recreation room
will be added to the house. Council Member Lnenicka stated the architectural control committee
of the HOA of the subdivision in which the subject residence is located has approved the
proposed addition.
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MOTION: Council Member Lnenicka made a motion to approve Variance Request V05-031 for
a reduction in rear yard setback to 17' at 4121 Daniel Green Trail for Daniel Parker. The motion
was seconded by Council Member Wood. Motion was approved 6 - O.
(D) Public Hearing - Variance Request V05-032 - Reduction in Front Yard Setback - 1323
Glen Cedars Drive - John Wieland Homes
Mr. Wright stated the applicant is requesting a reduction in front yard setback from the minimum
of 20' down to 19' in order to correct an earlier survey error. Mr. Wright stated staff
recommends approval of the request.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
At Council Member Woods request, Mr. Allmond provided details to those present concerning
this variance request.
MOTION: Council Member Wood made a motion to approve Variance Request V05-032 for
a reduction in front yard setback to 19' at 1323 Glen Cedars Drive for John Wieland Homes.
The motion was seconded by Council Member Smith. Motion was approved 6 - O.
(E) Public Hearing - Variance Request V05-033 - Reduction in Rear Yard Setback - 1000
Vinings Falls Drive - Wisdom Properties
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
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August L 2005
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Council Member Lnenicka stated the builder is still negotiating a number of details with the
architectural control committee of the HOA of the subdivision in which the proposed structure
will be located.
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MOTION: Council Member Lnenicka made a motion to table Variance Request V05-033 for
a reduction in rear yard setback at 1000 Vinings Falls Drive for Wisdom Properties until the
August 15,2005 meeting. The motion was seconded by Council Member Wood. Motion was
approved 6 - O.
(F) Public Hearing - Variance Request V05-034 - Reduction in Rear Yard Setback - 151
Concord Close Circle - Benchmark Homes
Mr. Wright stated the applicant is requesting a reduction in rear yard setback from the minimum
of30' down to 20' because of the unusual shape of the subject lot. Mr. Wright stated staff
recommends approval of the requested variance.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
Council Member Wood recognized Mr. Scott Justice and asked Mr. Justice ifit is correct that
the only structure which will extend into the rear setback will be a deck, and Mr. Justice answered
in the affirmative.
MOTION: Council Member Wood made a motion to approve Variance Request V05-034 for
a reduction in rear yard setback to 20' at 151 Concord Close Circle for Benchmark Homes.
The motion was seconded by Council Member Smith. Motion was approved 6 - O.
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(G)
Public Hearing - Variance Request V05-035 - Reduction in Front Yard Setback - 2975
Reed Street - Jeffrey Meadows
Mr. Wright stated the applicant plans to construct a new house at the subject location where a
vacant lot currently exists. Mr. Wright stated the applicant is requesting a reduction in front yard
setback from the minimum of 40' down to 30' in order to try to protect some older oak trees on
the subject property. Mr. Wright stated staff recommends approval of the requested variance
provided the plans submitted to the City match the elevations submitted with the variance
package.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
MOTION: Council Member Wood made a motion to approve Variance Request V05-035 for
a reduction in front yard setback to 30' at 2975 Reed Street for Jeffrey Meadows. The motion
was seconded by Council Member Smith. Council Member Newcomb thanked Mr. and Mrs.
Meadows for making the effort to try to protect the trees at the subject location. Motion was
approved 6 - O.
PRIVILEGE LICENSE:
There were none.
FORMAL BUSINESS:
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(A)
Ordinance Amendment (#2005-30) - Stream Buffer Protection Ordinance
August 1. 2005 4
Mr. Wright stated the Environmental Protection Division (EPD) has required that local
governments in metro Atlanta adopt this and other ordinances. Mr. Wright provided details to
those present concerning this proposed amendment. Mr. Wright stated staff recommends
approval ofthis proposed revision. -
MOTION: Council Member Newcomb made a motion to approve ordinance amendment
#2005-30 for the Stream Buffer Protection Ordinance. The motion was seconded by Council
Member Pritchett. Motion was approved 6 - O.
(B) Ordinance Amendment (#2005-31) - Illegal Discharge and Illegal Connection Protection
Ordinance
Mr. Wright stated these regulations are required by the EPD and are intended to help protect
stormwater. Mr. Wright stated this model ordinance prohibits illegal spills, dumping or
connections to the stormwater system, grants the City authority to access and inspect properties,
and establishes penalties for noncompliance. Mr. Wright stated staff recommends approval of
this proposed revision.
MOTION: Council Member Newcomb made a motion to approve ordinance amendment
#2005-31 for the Illegal Discharge and Illegal Connection Protection Ordinance. The motion was
seconded by Council Member Pritchett. Motion was approved 6 - O.
(C) Ordinance Amendment (#2005-32) - Post Development Stormwater Management for
New Development and Redevelopment Ordinance
Mr. Wright stated these regulations are required by the EPD and are intended to establish
requirements for use of various design procedures to improve the quantity and quality of
stormwater runoff from new developments. Mr. Wright stated this ordinance requires developers
to analyze the impacts to downstream properties and establishes requirements for ongoing
maintenance of drainage structures. Mr. Wright stated the city engineer and city attorney have
reviewed the proposed amendments, and that staff recommends approval of this revision.
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MOTION: Council Member Newcomb made a motion to approve ordinance amendment
#2005-32 for the Post Development Stormwater Management for New Development and
Redevelopment Ordinance. The motion was seconded by Council Member Pritchett. Council
Member McNabb stated he supports this measure. Council Member McNabb expressed concerns
about deficiencies found in water detention structures on private property, and expressed the view
that efforts should be made to try to address this issue. Motion was approved 6 - O.
(D) Adoption of the 2005 tax millage rate for the City of Smyrna
Mr. Wright stated the proposed millage rate for this year is 9.57 mils. Mr. Wright stated this
proposed rate represents a reduction in the amount of .08 mil compared to the previous rate of
9.65 mils. Mr. Wright stated this will be the fifteenth consecutive year in which the City's
property tax millage rate has either been lowered or remained unchanged.
Council Member Wood provided details to those present regarding the City budget and the
process involved in formulating the proposed millage rate. Council Member Wood stated that
because the millage rate is being lowered to the required rollback rate, no tax increase
advertising or meetings are required.
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August 1, 2005
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MOTION: Council Member Wood made a motion to approve a 2005 tax millage rate of9.57
mils. The motion was seconded by Council Member Lnenicka. Motion was approved 6 - O.
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(E)
Ordinance Amendment (#2005-33) - Establishment of License and Variance Board
Mr. Wright stated the proposed three-member license and variance board will be responsible
for hearing alcoholic beverage sales license applications for previously permitted locations,
applications for other privilege licenses and variance requests and conducting show cause
hearings. Mr. Wright stated that applicants will also be able to bring appeals of license and
variance board rulings before the city council for further review. Mr. Wright stated establishing
a license and variance board will remove these routine items from the council agenda and
continue to allow public hearings for citizens to comment on proposed licenses and variances and
show cause hearing matters. Mr. Wright stated staff recommends approval of the proposed
ordinance.
MOTION: Council Member Wood made a motion to approve Ordinance Amendment #2005-33
for Establishment of License and Variance Board. Motion was approved 6 - o.
COMMERCIAL BUILDING PERMITS:
There were none.
CONSENT AGENDA:
(A) Approval ofJuly 18,2005 Minutes
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(B)
Approval of Use of Council Chambers on August 11,2005 at 7:30 PM for the annual
home owner's association (HOA) meeting of the Village on the Green HOA
(C) Selection of consulting firm for economic development consulting services
The Finance Committee has recommended the selection of Market and Main/HOK to
serve as the City's Economic Development Consultant. The City has budgeted $10,000
on an annual basis for the next two years. The consultant will be used on an as-needed
basis and will not be provided with a yearly retainer.
(D) Approval of use of Council Chambers for the Sutherlin Park Homeowners Association
Meeting at 7:00 p.m. on Wednesday, August 3,2005
(E) Approval of Street Closings for the annual City of Smyrna Birthday Celebration
Village Green Circle and connecting streets (Village Green approach from Atlanta Road,
King from Bank to the circle, and the circle exit between the Community Center and the
Library) will close as early as 7:30 a.m. on Friday, August 5, 2004 for setup of the event
and will remain closed until after event breakdown after the event. Powder Springs will
need to be closed upon arrival ofthe Fireworks team and will remain closed for the
duration of the event and required cleanup. Approval is recommended.
MOTION: Council Member Wood made a motion to approve the consent agenda. The motion
was seconded by Council Member Smith. Motion was approved 6 - o.
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August 1, 2005
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COMMITTEE REPORTS:
Council Member Pritchett wished Council Member McNabb a happy birthday.
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Council Member Newcomb yielded the floor with no report.
Council Member McNabb stated he has positive feelings regarding the amendment to the stream
buffer ordinance approved at this meeting. Council Member McNabb stated he believes this act
of the city council underscores the commitment of the City's leadership to environmental
preservation and protection of property against storm water runoff problems. Council Member
McNabb reminded everyone present about the City's birthday celebration event scheduled for
next weekend.
Council Member Smith yielded the floor with no report.
Council Member Lnenicka stated that Woodland Ridge is now a collection point for non-
perishable food items for MUST Ministries. Council Member Lnenicka reminded everyone
present about the City's birthday celebration event scheduled for next weekend. Council Member
Lnenicka stated that Congressman Phil Gingrey will be conducting a town hall meeting at the
City Library next week. Council Member Lnenicka wished Council Member McNabb and
Council Member Pritchett a happy birthday. Council Member Lnenicka stated he hopes the
family member of Council Member Scoggins will have a speedy recovery.
Council Member Wood yielded the floor with no report.
Mayor Bacon stated that Congressman Phil Gingrey, Senator Saxby Chambliss and Senator
Johnny Isakson provided valuable assistance to the City in its recently successful bid to obtain
Federal Transportation grants.
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CITIZENS INPUT:
Mayor Bacon recognized Mr. Alex Backry, residing at 3459 Shawnee Trail, and Mr. Backry
inquired as to when a photograph of Stacy Fuller, a police officer killed in the line of duty, will be
restored to its display location at the City police department premises. Council Member Pritchett
advised Mr. Backry that he can rely on information furnished to him by Mr. Wright concerning
this matter. Council Member Lnenicka stated that, because Mr. Backry has a lawsuit pending
against the City, he has been previously advised by the city attorney not to discuss matters with
Mr. Backry during the pendency of this litigation.
ADJOURNMENT:
With no further business, the meeting was adjourned at 8:27 p.m.
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August 1. 2005
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2005-30 Approved 8/1/2005 Map Ratified 9/6/05
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_ 50 Foot Buffer wf25 Foot Impervious Setback
- 100 Foot Buffer
--- Road
-- Railroad
Prepared By
City of Smyrna - Community Development Department
3180 Atlanta Road
'w Smyrna, GA 30080
812105
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Ordinance # 2005-30
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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. "
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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
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Ordinance # 2005-30
(8) Providing tree canopy to shade streams and promote desirable aquatic
habitat
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(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
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Ordinance # 2005-30
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"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.
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"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.
See 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.
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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
of the effective date of this ordinance.
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( 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 ofthe 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.
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(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 ofthe 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
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(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:
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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
2)
Ordinance # 2005-30
total watershed area (on site and off site area) intercepted is greater than
ten square miles;
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.
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(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.
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(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.
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6
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(3)
(4)
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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.
The following factors will be considered in determining whether to issue a
vanance:
a.
The shape, size, topography, slope, soils, vegetation and other physical
characteristics of the property;
The locations of all streams on the property, including along property
boundaries;
The location and extent of the proposed buffer or setback intrusion; and,
Whether alternative designs are possible which require less intrusion or no
intrusion;
The long-term and construction water-quality impacts of the proposed
vanance;
Whether as a result of an exchange of buffer area the net buffer area is not
reduced;
Whether issuance of the variance is at least as protective of natural
resources and the environment.
b.
c.
d.
e.
f.
g.
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
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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:
(1) 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;
(l) 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.
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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 ofthe 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
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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.
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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.
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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
I
"~...,,-
Scott A. Co
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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 SEPARATE 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-storm water 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;
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1
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.
-
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 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.
(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
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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
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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 storm water 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 ofrelease or the velocity
of flow.
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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.
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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
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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
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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 ofthis 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.
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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;
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(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,
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Ordinance # 2005-31
(6) The implementation of pollution prevention practices.
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(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.
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(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
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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.
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(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.
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Approved by Mayor and Council tbis 1st day of 78 r-
Attest: A. Max Bacon, Mayor
,-'~.,
Approved as to form:
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Ordinance # 2005-32
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AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING
THAT 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 STORMW A TER
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, Sees. 140 through 155, and by enacting a revised Article V of
said Chapter which shall read as follows:
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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 1a..'1d 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;
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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 storm water management quality and quantity benefits;
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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:
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(1) 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)
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2
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 stormwater management standards;
Encourage the use of non structural stormwater 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,
(7) 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.
(4)
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(5)
(6)
Ordinance # 2005-32
(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:
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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
I 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:
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a.
Individual single-family or duplex residential lots that are not part of a
subdivision or phased development project;
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Ordinance # 2005-32
b. Additions or modifications to existing single-family or duplex residential
structures;
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c. Agricultural or silviculturalland management activities within areas zoned
for these activities; and,
d. Repairs to any stormwater 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 ofthis ordinance.
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(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
expenence.
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
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Ordinance # 2005-32
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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 stormwater runoff in a stormwater
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.
"Greenspace" 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 stormwater 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.
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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 ofland 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 nonstructural 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 stormwater 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 of the 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
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Ordinance # 2005-32
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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 stormwater 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 storm water management.
"Stormwater Management" means the collection, conveyance, storage, treatment and
disposal of stormwater 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
storm water runoff.
"Stormwater Management Measure" means any stormwater management facility or
non structural 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
storm water 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 stormwater management requirements of the
site.
"Stormwater Runoff' means the flow of surface water resulting from precipitation.
"Structural Stormwater Control" means a structural storm water 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 of such runoff.
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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.
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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;
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(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 stormwater 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:
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Ordinance # 2005-32
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A. Existing Conditions I 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.
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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
floodplainlfloodway 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 stormwater management facilities
and practices meet the submittal requirements outlined in the submittal checklist(s) found
in the stormwater design manual.
The stormwater 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
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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:
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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.
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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
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Ordinance # 2005-32
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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 storm water 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 storm water 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 storm water 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.
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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
project 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
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Ordinance # 2005-32
of vegetation for the stormwater management facility and what practices will be
employed to ensure that adequate vegetative cover is preserved.
I. 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 storm water 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.
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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.
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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 storm water 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.
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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.
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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 storm water 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.
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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,
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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.
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(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,
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e. Upon completion ofthe 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 storm water 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
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Ordinance # 2005-32
implemented, where necessary, to protect upstream and downstream properties and
drainage channels from the site to the off-site facility.
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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.
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The following performance criteria shall be applicable to all stormwater 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 Storm water 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:
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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;
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(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.
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(e) Structural Stormwater Controls
All structural stormwater 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.
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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.
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(f) 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;
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(2) All culverts, pipe systems and open channel flow systems shall be sized in
accordance with the stormwater 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 stormwater 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 stormwater 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.
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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:
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(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 storm water 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 storm water
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.
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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 storm water 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
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Ordinance # 2005-32
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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.
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(c) Records of Maintenance Activities
Parties responsible for the operation and maintenance of a stormwater 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
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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 stormwater 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.
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The notice of violation shall contain:
(I) 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.
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(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.
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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.
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(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.
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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.
/A'~
Attest:
A. Max Bacon, Mayor
r\ ; / c1--/
L' '/1"U ~. V1~'
S san D. Hiott, City Clerk
City of Smyrna
Approved as to form:
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t f
~~
Scott A. Cochran, CitYA"ffirrney
.....
22
Ordinance No. 2005-33
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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:
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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 22-109 (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
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notice of the date, time and place when the Mayor and Council will consider the
appeal.
(e) 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.
(f) 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.
(g) 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.
(h) 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.
(i) 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.
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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
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2
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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:
(1) 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 ofthe 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.
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(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)
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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 his/her 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.
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(Code 1977, ~ 14-44; Ord. No. 94-18, ~ 3, 12-5-94)
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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 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 his/her
application, has engaged in any deceptive business practice as defined by section
22-108.
(9) In addition to subsections (1) 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, 9 3, 12-5-94)
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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, ~ 14-49; Ord. No. 94-18, ~ 3,12-5-94)
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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, ~ 14-50; Ord. No. 94-18, ~ 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;
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(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 ofthis 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 a.c.G.A. 9 10-1-
393(b)(1)--(1l) or declared by the administrator of such law to be unlawful
pursuant to regulations made under a.c.G.A. 9 10-1-394, subject to the
exemptions contained in a.c.G.A. 9 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, 9 14-51; Ord. No. 94-18, 9 3, 12-5-94)
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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, 9 14-52; ard. No. 94-18, 9 3,12-5-94)
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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)
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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)
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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
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addressed to the City of Smyrna. Such application shall be in writing and shall set forth the
following:
(1) The applicant must be fingerprinted by the department of police and a character reference
run on the applicant and all persons to operate as massage practitioners and all employees.
Fingerprints must be made at least ten but not more than 15 days prior to issuance of the
certificate to allow for investigation of the applicant and employees;
(2) Name and address of the 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 well 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
shall not be required for annual renewals of certificates issued under this article;
(7) Should the applicant be a corporation, such corporation shall 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 shall be required to sign an acknowledgement that he/she has received, read
and understands the provisions ofthis article, prior to issuance of any certificate.
(Code 1977, S 12-2; Ord. No. 94-18, S 3,12-5-94)
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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 shall 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)
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Sec. 22-201. 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 his/her 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 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 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 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)
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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 his/her application,
has engaged in any deceptive business practice as defined by section 22-207(d)(1) and (6).
(Code 1977, S 14-107; Ord. No. 94-18, S 3, 12-5-94)
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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 his/her
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.
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(Code 1977, S 14-108; Ord. No. 94-18, S 3, 12-5-94)
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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)
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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.
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(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)(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 14-110; Ord. No. 94-18, S 3,12-5-94)
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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)
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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) For 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.
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(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 carryon 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 his/her 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.
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Approved by Mayor and Council this 1st day of A/~ ~
Attest: A. Max Bacon, Mayor
>~K . ... 1. ..1
, {~<2()U( j) I X~
Susan D. Hiott, City Clerk
City of Smyrna
Approved as to form:
u../...1
, I .'.
'/ ,
",.,'
Scott A. Cochran~City Attorney
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Ordinance No. 2005-34
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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.
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(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.
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(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.
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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 Ror 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.
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Sec. 1404. Conditions and limitations.
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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.
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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 intentof this ordinance.
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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.
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Approved by Mayor and Council this 1st day of August, 2005.
/d~
Attest:
A. Max Bacon, Mayor
Approved as to form:
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