Chapter 16

ENVIRONMENT

Article I. In General
Secs. 16-1--16-25. Reserved.

Article II. Erosion and Sedimentation Control
Sec. 16-26. Title.
Sec. 16-27. Definitions.
Sec. 16-28. Exemptions.
Sec. 16-29. Minimum requirements for erosion and sedimentation control using best management practices.
Sec. 16-30. Application/permit process.
Sec. 16-31. Inspection and enforcement.
Sec. 16-32. Penalties and incentives.
Sec. 16-33. Administrative appeal; judicial review.
Sec. 16-34. Effectivity, validity, and liability.
Secs. 16-35--16-50. Reserved.

Article III. Environmental Conservation, On-Site Sewage Management, and Permit
Sec. 16-51. Short title.
Sec. 16-52. Purpose.
Sec. 16-53. Definitions.
Sec. 16-54. General provisions.
Sec. 16-55. Delegation of ordinance administration.
Sec. 16-56. Wetlands protection regulations.
Sec. 16-57. Groundwater recharge areas protection regulations.
Sec. 16-58. Major river corridor protection district regulations.
Sec. 16-59. Variances.
Sec. 16-60. Violations and penalties.
Sec. 16-61. Court of jurisdiction.
Sec. 16-62. Legal status provisions.

ARTICLE I.

IN GENERAL

Secs. 16-1--16-25. Reserved.

ARTICLE II.

EROSION AND SEDIMENTATION CONTROL*
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* Editors Note: An ordinance of November 6, 1995 amended the Code by repealing former Art. II, §§ 16-26--16-37, and added a new Art. II, §§ 16-26--16-34. Former Art. II pertained to similar subject matter, and derived from an ordinance of September 18, 1989.
Cross References: Buildings and building regulations, Ch. 8; floods, Ch. 18.
State Law References: Erosion and Sedimentation Act of 1975, O.C.G.A. § 12-7-1 et seq.
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Sec. 16-26. Title.

This article will be known as the Wayne County Soil Erosion and Sedimentation Control Ordinance.
(Ord. of 11-6-95, § I; Ord of 11-6-00, § I)

Sec. 16-27. Definitions.

The following definitions shall apply in the interpretation and enforcement of this article, unless otherwise specifically stated:

Best management practices (BMPs). A collection of structural practices and vegetative measures which, when properly designed, installed and maintained, will provide effective erosion and sedimentation control for all rainfall events up to and including a 25-year, 24-hour rainfall event.

Board. The board of natural resources.

Buffer. The area of land immediately adjacent to the banks of state waters in its natural state of vegetation, which facilitates the protection of water quality and aquatic habitat.

Commission. The state soil and water conservation commission.

Cut. A portion of land surface or area from which earth has been removed or will be removed by excavation; the depth below original ground surface to excavated surface. Also known as excavation.

Department. The department of natural resources.

Director. The director of the environmental protection division of the department of natural resources.

District. The Satilla River Soil and Water Conservation District.

Division. The environmental protection division of the department of natural resources.

Drainage structure. A device composed of a virtually nonerodible material such as concrete, steel, plastic or other such material that conveys water from one place to another by intercepting the flow and carrying it to a release point for stormwater management, drainage control, or flood control purposes.

Erosion. The process by which land surface is worn away by the action of wind, water, ice or gravity.

Erosion and sedimentation control plan. A plan for the control of soil erosion and sedimentation resulting from a land-disturbing activity. Also known as the "plan".

Ground elevation. The original elevation of the ground surface prior to cutting or filling.

Fill. A portion of land surface to which soil or other solid material has been added; the depth above the original ground.

Finished grade. The final elevation and contour of the ground after cutting or filling and conforming to the proposed design.

Grading. Altering the shape of ground surfaces to a predetermined condition; this includes stripping, cutting, filling, stockpiling and shaping or any combination thereof and shall include the land in its cut or filled condition.

Issuing authority. The governing authority of any county or municipality which has been certified by the director of the environmental protection division of the department of natural resources as an issuing authority, pursuant to the Erosion and Sedimentation Act of 1975, as amended, or the division in those instances where an application for a permit is submitted to the division.

Land-disturbing activity. Any activity which may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands within the state, including, but not limited to, clearing, dredging, grading, excavating, transporting, and filling of land, but not including agricultural practices as described in 16-28(a)(5).

Metropolitan River Protection Act (MRPA). A state law referenced as O.C.G.A. 12-5-440 et. seq., which addresses environmental and developmental matters in certain metropolitan river corridors and their drainage basins.

Natural ground surface. The ground surface in its original state before any grading, excavation or filling.

Nephelometric turbidity units (NTU). Numerical units of measure based upon photometric analytical techniques for measuring the light scattered by finely divided particles of a substance in suspension. This technique is used to estimate the extent of turbidity in water in which colloidally dispersed particles are present.

Permit. The authorization necessary to conduct a land-disturbing activity under the provisions of this article.

Person. Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, state agency, municipality or other political subdivision of this state, any interstate body or any other legal entity.

Project. The entire proposed development project regardless of the size of the area of land to be disturbed.

Roadway drainage structure. A device such as a bridge, culvert, or ditch, composed of a virtually nonerodible material such as concrete, steel, plastic, or other such material that conveys water under a roadway by intercepting the flow on one side of a traveled way consisting of one or more defined lanes, with or without shoulder areas, and carrying water to a release point on the other side.

Sediment. Solid material, both organic and inorganic, that is in suspension, is being transported, or has been moved from its site of origin by air, water, ice, or gravity as a product of erosion.

Sedimentation. The process by which eroded material is transported and deposited by the action of water, wind, ice or gravity.

Soil and water conservation district-approved plan. An erosion and sedimentation control plan approved in writing by the Satilla River Soil and Water Conservation District.

Stabilization. The process of establishing an enduring soil cover of vegetation by the installation of temporary or permanent structures for the purpose of reducing to a minimum the erosion process and the resultant transport of sediment by wind, water, ice or gravity.

State waters. Any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of the state which are not entirely confined and retained completely upon the property of a single individual, partnership, or corporation.

Structural erosion and sedimentation control practices. Practices for the stabilization of erodible or sediment-producing areas by utilizing the mechanical properties of matter for the purpose of either changing the surface of the land or storing, regulating or disposing of runoff to prevent excessive sediment loss. Examples of structural erosion and sediment control practices are riprap, sediment basins, dikes, level spreaders, waterways or outlets, diversions, grade stabilization structures, sediment traps and land grading, etc. Such practices can be found in the publication Manual for Erosion and Sediment Control in Georgia.

Trout streams. All streams or portions of streams within the watershed as designated by the Game and Fish Division of the Georgia Department of Natural Resources under the provisions of the Georgia Water Quality Control Act, O.C.G.A. 12-5-20 et. seq. Streams designated as primary trout waters are defined as water supporting a self-sustaining population of rainbow, brown or brook trout. Streams designated as secondary trout waters are those in which there is no evidence of natural trout reproduction, but are capable of supporting trout throughout the year. First order trout waters are streams into which no other streams flow except springs.

Vegetative erosion and sedimentation control measures. Measures for the stabilization of erodible or sediment-producing areas by covering the soil with:

(1) Permanent seeding, sprigging or planting, producing long-term vegetative cover; or

(2) Temporary seeding, producing short-term vegetative cover; or

(3) Sodding, covering areas with a turf of perennial sod-forming grass.

Such measures can be found in the publication Manual for Erosion and Sediment Control in Georgia.

Watercourse. Any natural or artificial watercourse, stream, river, creek, channel, ditch, canal, conduit, culvert, drain, waterway, gully, ravine, or wash in which water flows either continuously or intermittently and which has a definite channel, bed and banks, and including any area adjacent thereto subject to inundation by reason of overflow or floodwater.

Wetlands. Those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.
(Ord. of 11-6-95, § II; Ord of 11-6-00, § II)
Cross References: Definitions generally, § 1-2.

Sec. 16-28. Exemptions.

(a) This article shall apply to any land-disturbing activity undertaken by any person on any land except for the following:

(1) Surface mining, as the same is defined in O.C.G.A. 12-4-72, Mineral Resources and Caves Act.

(2) Granite quarrying and land-clearing for such quarrying.

(3) Such minor land-disturbing activities as home gardens and individual home landscaping, repairs, maintenance work, and other related activities which result in minor soil erosion.

(4) The construction of single-family residences, when such are constructed by or under contract with the owner for his or her own occupancy, or the construction of single-family residences not a part of a platted subdivision, a planned community, or an association of other residential lots consisting of more than two lots and not otherwise exempted under this paragraph; provided, however, that construction of any such residence shall conform to the minimum requirements as set forth in section 16-29 of this article. For single-family residence construction covered by the provisions of this paragraph, there shall be a buffer zone between the residence and any state waters classified as trout streams pursuant to Article 2 of Chapter 5 of the Georgia Water Quality Control Act. In any such buffer zone, no land-disturbing activity shall be constructed between the residence and the point where vegetation has been wrested by normal stream flow or wave action from the banks of the trout waters. For primary trout waters, the buffer zone shall be at least 50 horizontal feet, and no variance to a smaller buffer shall be granted. For secondary trout waters, the buffer zone shall be at least 50 horizontal feet, but the director may grant variances to no less than 25 feet. Regardless of whether a trout stream is primary or secondary, for first order trout waters, which are streams into which no other streams flow except for springs, the buffer shall be at least 25 horizontal feet, and no variance to a smaller buffer shall be granted. The minimum requirements of section 16-29 of this article and the buffer zones provided by this section shall be enforced by the issuing authority.

(5) Agricultural operations as defined in O.C.G.A. 1-3-3, definitions, to include raising, harvesting or storing of products of the field or orchard; feeding, breeding or managing livestock or poultry; producing or storing feed for use in the production of livestock, including, but not limited to, cattle, calves, swine, hogs, goats, sheep, and rabbits or for use in the production of poultry, including, but not limited to, chickens, hens and turkeys; producing plants, trees, fowl, or animals; the production of aqua culture, horticultural, dairy, livestock, poultry, eggs and apiarian products; farm buildings and farm ponds.

(6) Forestry land management practices, including harvesting; provided, however, that when such exempt forestry practices cause or result in land-disturbing or other activities otherwise prohibited in a buffer, as established in paragraphs (15) and (16) of section 16-29(c) of this article, no other land-disturbing activities, except for normal forest management practices, shall be allowed on the entire property upon which the forestry practices were conducted for a period of three years after completion of such forestry practices;

(7) Any project carried out under the technical supervision of the Natural Resources Conservation Service of the United States Department of Agriculture;

(8) Any project involving one and one-tenth acres or less; provided, however, that this exemption shall not apply to any land-disturbing activity within 200 feet of the bank of any state waters, and for purposes of this paragraph, "state waters" excludes channels and drainageways which have water in them only during and immediately after rainfall events and intermittent streams which do not have water in them year-round; provided, however, that any person responsible for a project which involves one and one-tenth acres or less, which involves land-disturbing activity, and which is within 200 feet of any such excluded channel or drainageway, must prevent sediment from moving beyond the boundaries of the property on which such project is located and provided, further, that nothing contained herein shall prevent the issuing authority from regulating any such project which is not specifically exempted by paragraphs (a)(1)--(7), (9), (10) of this section;

(9) Construction or maintenance projects, or both, undertaken or financed in whole or in part, or both, by the department of transportation, the Georgia Highway Authority, or the state tollway authority; or any road construction or maintenance project, or both, undertaken by any county or municipality; provided, however, that such projects shall conform to the minimum requirements set forth in section 16-29(b) and (c) of this article; provided further that construction or maintenance projects of the department of transportation or state tollway authority which disturb five or more contiguous acres of land shall be subject to provisions of O.C.G.A. 12-7-7.1; and;

(10) Any land-disturbing activities conducted by any electric membership corporation or municipal electrical system or any public utility under the regulatory jurisdiction of the public service commission, provided that any such land-disturbing activity shall conform to the minimum requirements set forth in section 16-29(b) and (c).

(b) Where this section requires compliance with the minimum requirements set forth in section 16-29(b) and (c) of this article, issuing authorities shall enforce compliance with the minimum requirements as if a permit had been issued and violations shall be subject to the same penalties as violations by permit holders.
(Ord. of 11-6-95, § III; Ord of 11-6-00, § III)

Sec. 16-29. Minimum requirements for erosion and sedimentation control using best management practices.

(a) General provisions. Excessive soil erosion and resulting sedimentation can take place during land-disturbing activities. Therefore, plans for those land-disturbing activities which are not excluded by this article shall contain provisions for application of soil erosion and sedimentation control measures and practices. The provisions shall be incorporated into the erosion and sedimentation control plans. Soil erosion and sedimentation control measures and practices shall conform to the minimum requirements of section 16-29(b) and (c) of this article. The application of measures and practices shall apply to all features of the site, including street and utility installations, drainage facilities and other temporary and permanent improvements. Measures shall be installed to prevent or control erosion and sedimentation pollution during all stages of any land-disturbing activity.

(b) Minimum requirements/BMPs.

(1) Best management practices as set forth in section 16-29(b) and (c) of this article shall be required for all land-disturbing activities. Proper design, installation, and maintenance of best management practices shall constitute a complete defense to any action by the director or to any other allegation of noncompliance with paragraph (2) of this subsection or any substantially similar terms contained in a permit for the discharge of stormwater issued pursuant to subsection (f) of O.C.G.A. 12-5-30, the Georgia Water Quality Control Act. As used in this subsection the terms "proper design" and "properly designed" mean designed to control soil erosion and sedimentation for all rainfall events up to and including a 25-year, 24-hour rainfall event.

(2) A discharge of stormwater runoff from disturbed areas where best management practices have not been properly designed, installed, and maintained shall constitute a separate violation of any land-disturbing permit issued by a local issuing authority or by the division or of any general permit for construction activities issued by the division pursuant to subsection (f) of O.C.G.A. 12-5-30, the Georgia Water Quality Control Act, for each day on which such discharge results in the turbidity of receiving waters being increased by more than 25 nephelometric turbidity units for waters supporting warm-water fisheries or by more than ten nephelometric turbidity units for waters classified as trout waters. The turbidity of the receiving waters shall be measured in accordance with guidelines to be issued by the director.

(3) Failure to properly design, install, or maintain best management practices shall constitute a violation of any land-disturbing permit issued by a local issuing authority or by the division or any general permit for construction activities issued by the division pursuant to subsection (f) of O.C.G.A. 12-5-30, the Georgia Water Quality Control Act, for each day on which such failure occurs.

(4) The director may require, in accordance with regulations adopted by the board, reasonable and prudent monitoring of the turbidity level of receiving waters into which discharges from land-disturbing activities occur.

(c) The rules and regulations, ordinances, or resolutions adopted pursuant to this chapter for the purpose of governing land-disturbing activities shall require, as a minimum, best management practices, including sound conservation and engineering practices to prevent and minimize erosion and resultant sedimentation, which are consistent with, and no less stringent than, those practices contained in the Manual for Erosion and Sediment Control in Georgia, published by the Georgia Soil and Water Conservation Commission as of January 1 of the year in which the land-disturbing activity was permitted, as well as the following:

(1) Stripping of vegetation, regrading and other development activities shall be conducted in a manner so as to minimize erosion;

(2) Cut-fill operations must be kept to a minimum;

(3) Development plans must conform to topography and soil type so as to create the lowest practical erosion potential;

(4) Whenever feasible, natural vegetation shall be retained, protected and supplemented;

(5) The disturbed area and the duration of exposure to erosive elements shall be kept to a practicable minimum;

(6) Disturbed soil shall be stabilized as quickly as practicable;

(7) Temporary vegetation or mulching shall be employed to protect exposed critical areas during development;

(8) Permanent vegetation and structural erosion control practices shall be installed as soon as practicable;

(9) To the extent necessary, sediment in runoff water must be trapped by the use of debris basins, sediment basins, silt traps, or similar measures until the disturbed area is stabilized. As used in this paragraph, a disturbed area is stabilized when it is brought to a condition of continuous compliance with the requirements of O.C.G.A. 12-7-1 et. seq.;

(10) Adequate provisions must be provided to minimize damage from surface water to the cut face of excavations or the sloping of fills;

(11) Cuts and fills may not endanger adjoining property;

(12) Fills may not encroach upon natural watercourses or constructed channels in a manner so as to adversely affect other property owners;

(13) Grading equipment must cross flowing streams by means of bridges or culverts except when such methods are not feasible, provided, in any case, that such crossings are kept to a minimum;

(14) Land-disturbing activity plans for erosion and sedimentation control shall include provisions for treatment or control of any source of sediments and adequate sedimentation control facilities to retain sediments on-site or preclude sedimentation of adjacent waters beyond the levels specified in section 16-29(b)(2) of this article;

(15) Except as provided in paragraph (16) of this subsection, there is established a 25-foot buffer along the banks of all state waters, as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action, except where the director determines to allow a variance that is at least as protective of natural resources and the environment, where otherwise allowed by the director pursuant to O.C.G.A. 12-2-8, or where a drainage structure or a roadway drainage structure must be constructed, provided that adequate erosion control measures are incorporated in the project plans and specifications, and are implemented; provided, however, the buffers of at least 25 feet established pursuant to Part 6 of Article 5, Chapter 5 of Title 12, the Georgia Water Quality Control Act, shall remain in force unless a variance is granted by the director as provided in this paragraph. The following requirements shall apply to any such buffer:

No land-disturbing activities shall be conducted within a buffer and a buffer shall remain in its natural, undisturbed state of vegetation until all land-disturbing activities on the construction site are completed. Once the final stabilization of the site is achieved, a buffer may be thinned or trimmed of vegetation as long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; provided, however, that any person constructing a single-family residence, when such residence is constructed by or under contract with the owner for his or her own occupancy, may thin or trim vegetation in a buffer at any time as long as protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; and

(16) There is established a 50-foot buffer as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action, along the banks of any state waters classified as "trout streams" pursuant to Article 2 of Chapter 5 of Title 12, the Georgia Water Quality Control Act, except where a roadway drainage structure must be constructed; provided, however, that small springs and streams classified as trout streams which discharge an average annual flow of 25 gallons per minute or less shall have a 25-foot buffer or they may be piped, at the discretion of the landowner, pursuant to the terms of a rule providing for a general variance promulgated by the board, so long as any such pipe stops short of the downstream landowner's property and the landowner complies with the buffer requirement for any adjacent trout streams. The director may grant a variance from such buffer to allow land-disturbing activity, provided that adequate erosion control measures are incorporated in the project plans and specifications and are implemented. The following requirements shall apply to such buffer:

No land-disturbing activities shall be conducted within a buffer and a buffer shall remain in its natural, undisturbed, state of vegetation until all land-disturbing activities on the construction site are completed. Once the final stabilization of the site is achieved, a buffer may be thinned or trimmed of vegetation as long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed: provided, however, that any person constructing a single-family residence, when such residence is constructed by or under contract with the owner for his or her own occupancy, may thin or trim vegetation in a buffer at any time as long as protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; and

(d) Nothing contained in this chapter shall prevent an issuing authority from adopting rules and regulations, ordinances, or resolutions which contain requirements that exceed the minimum requirements in section 16-29(b) and (c) of this article.

(e) The fact that land-disturbing activity for which a permit has been issued results in injury to the property of another shall neither constitute proof of nor create a presumption of a violation of the standards provided for in this article or the terms of the permit.
(Ord. of 11-6-95, § IV; Ord of 11-6-00, § IV)

Sec. 16-30. Application/permit process.

(a) General. The property owner, developer and designated planners and engineers shall review the general development plans and detailed plans of the issuing authority that affect the tract to be developed and the area surrounding it. They shall review the zoning ordinance, stormwater management ordinance, subdivision ordinance, flood damage prevention ordinance, this article, and other ordinances which regulate the development of land within the jurisdictional boundaries of the issuing authority. However, the property owner is the only party who may obtain a permit.

(b) Application requirements.

(1) No person shall conduct any land-disturbing activity within the jurisdictional boundaries of Wayne County without first obtaining a permit from the county administrator to perform such activity.

(2) The application for a permit shall be submitted to the county administrator and must include the applicant's erosion and sedimentation control plan with supporting data, as necessary. Said plans shall include, as a minimum, the data specified in section 16-30(c) of this article. Soil erosion and sedimentation control plans shall conform to the provisions of section 16-29(b) and (c) of this article. Applications for a permit will not be accepted unless accompanied by three copies of the applicant's soil erosion and sedimentation control plans.

(3) A fee in the amount of $20.00 shall be charged for each acre or fraction thereof in the project area.

(4) Immediately upon receipt of an application and plan for a permit, the issuing authority shall refer the application and plan to the district for its review and approval or disapproval concerning the adequacy of the erosion and sedimentation control plan. The results of the district review shall be forwarded to the issuing authority. No permit will be issued unless the plan has been approved by the district, and any variances required by section 16-29(c)(15) and (16) and bonding, if required as per section 16-30(b)(5)b., have been obtained. Such review will not be required if the issuing authority and the district have entered into an agreement which allows the issuing authority to conduct such review and approval of the plan without referring the application and plan to the district.

(5) a. If a permit applicant has had two or more violations of previous permits, this article section, or the Erosion and Sedimentation Act, as amended, within three years prior to the date of filing of the application under consideration, the issuing authority may deny the permit application.

b. The issuing authority may require the permit applicant to post a bond in the form of government security, cash, irrevocable letter of credit, or any combination thereof up to, but not exceeding, $3,000.00 per acre or fraction thereof of the proposed land-disturbing activity, prior to issuing the permit. If the applicant does not comply with this article or with the conditions of the permit after issuance, the issuing authority may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance. These provisions shall not apply unless there is in effect an ordinance or statute specifically providing for hearing and judicial review of any determination or order of the issuing authority with respect to alleged permit violations.

(c) Plan requirements.

(1) Plans must be prepared to meet the minimum requirements as contained in section 16-29(b) and (c) of this article. Conformance with the minimum requirements may be attained through the use of design criteria in the current issue of the Manual for Erosion and Sediment Control in Georgia, published by the state soil and water conservation commission as a guide; or through the use of more stringent, alternate design criteria which conform to sound conservation and engineering practices. The Manual for Erosion and Sediment Control in Georgia is hereby incorporated by reference into this article. The plan for the land-disturbing activity shall consider the interrelationship of the soil types, geological and hydrological characteristics, topography, watershed, vegetation, proposed permanent structures including roadways, constructed waterways, sediment control and stormwater management facilities, local ordinances and state laws.

(2) Data required for site plan.

a. Narrative or notes, and other information: Notes or narrative to be located on the site plan in general notes or in erosion and sediment control notes.

b. Description of existing land use at project site and description of proposed project.

c. Name, address, and phone number of the property owner.

d. Name and phone number of 24-hour local contact who is responsible for erosion and sedimentation controls.

e. Size of project, or phase under construction, in acres.

f. Activity schedule showing anticipated starting and completion dates for the project. Include the statement in bold letters, that "The installation of erosion and sedimentation control measures and practices shall occur prior to or concurrent with land-disturbing activities."

g. Stormwater and sedimentation management systems-storage capacity, hydrologic study, and calculations, including off-site drainage areas.

h. Vegetative plan for all temporary and permanent vegetative measures, including species, planting dates, and seeding, fertilizer, lime, and mulching rates. The vegetative plan should show options for year-round seeding.

i. Detail drawings for all structural practices. Specifications may follow guidelines set forth in the Manual for Erosion and Sediment Control in Georgia.

j. Maintenance statement - "Erosion and sedimentation control measures will be maintained at all times. Additional erosion and sedimentation control measures and practices will be installed if deemed necessary by on-site inspection."

(3) Maps, drawings, and supportive computations shall bear the signature/seal of a registered or certified professional in engineering, architecture, landscape architecture, land surveying, or erosion and sedimentation control. The certified plans shall contain:

a. Graphic scale and north point or arrow indicating magnetic north.

b. Vicinity maps showing location of project and existing streets.

c. Boundary line survey.

d. Delineation of disturbed areas within project boundary.

e. Existing and planned contours, with an interval in accordance with the following:

Map Scale Ground Slope Contour Interval, ft.1 inch=100 ft. or larger scale Flat, 0--2%0.5 or 1
Rolling, 2--8% 1 or 2
Steep, 8% + 2, 5 or 10

f. Adjacent areas and features areas such as streams, lakes, residential areas, etc. which might be affected should be indicated on the plan.

g. Proposed structures or additions to existing structures and paved areas.

h. Delineate the 25-foot horizontal buffer adjacent to state waters and the specified width in MRPA areas.

i. Delineate the specified horizontal buffer along designated trout streams, where applicable.

j. Location of erosion and sedimentation control measures and practices using coding symbols from the Manual for Erosion and Sediment Control in Georgia, Chapter 6.

(4) Maintenance of all soil erosion and sedimentation control practices, whether temporary or permanent, shall be at all times the responsibility of the property owner.

(d) Permits.

(1) Permits shall be issued or denied as soon as practicable but in any event not later than 45 days after receipt by the issuing authority of a completed application, providing variances and bonding are obtained, where necessary.

(2) No permit shall be issued by the issuing authority unless the erosion and sedimentation control plan has been approved by the district and the issuing authority has affirmatively determined that the plan is in compliance with this article, any variances required by section 16-29(c)(15) and (16) are obtained, bonding requirements, if necessary, as per section 16-30(b)(5)b. are met and all ordinances and rules and regulations in effect within the jurisdictional boundaries of the issuing authority are met. If the permit is denied, the reason for denial shall be furnished to the applicant.

(3) If the tract is to be developed in phases, then a separate permit shall be required for each phase.

(4) The permit may be suspended, revoked, or modified by the issuing authority, as to all or any portion of the land affected by the plan, upon finding that the holder or his successor in the title is not in compliance with the approved erosion and sedimentation control plan or that the holder or his successor in title is in violation of this article. A holder of a permit shall notify any successor in title to him as to all or any portion of the land affected by the approved plan of the conditions contained in the permit.

(5) No permit shall be issued unless the applicant provides a statement by the county tax commissioner certifying that all ad valorem taxes levied against the property and due and owing have been paid.
(Ord. of 11-6-95, § V; Ord of 11-6-00, § V)

Sec. 16-31. Inspection and enforcement.

(a) The county administrator will periodically inspect the sites of land-disturbing activities for which permits have been issued to determine if the activities are being conducted in accordance with the plan and if the measures required in the plan are effective in controlling erosion and sedimentation. If, through inspection, it is deemed that a person engaged in land-disturbing activities as defined herein has failed to comply with the approved plan, with permit conditions, or with the provisions of this article, a written notice to comply shall be served upon that person. The notice shall set forth the measures necessary to achieve compliance and shall state the time within which such measures must be completed. If the person engaged in the land-disturbing activity fails to comply within the time specified, he shall be deemed in violation of this article.

(b) The county administrator shall have the power to conduct such investigations as it may reasonably deem necessary to carry out duties as prescribed in this article, and for this purpose to enter at reasonable times upon any property, public or private, for the purpose of investigation and inspecting the sites of land-disturbing activities.

(c) No person shall refuse entry or access to any authorized representative or agent of the issuing authority, the commission, the district, or division who requests entry for the purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out his official duties.

(d) The districts or the commission or both shall periodically review the actions of counties and municipalities which have been certified as issuing authorities pursuant to O.C.G.A. 12-7-8(a). The districts or the commission or both may provide technical assistance to any county or municipality for the purpose of improving the effectiveness of the county's or municipality's erosion and sedimentation control program. The districts or the commission shall notify the division and request investigation by the division if any deficient or ineffective local program is found.

(e) The division may periodically review the actions of counties and municipalities which have been certified as issuing authorities pursuant to O.C.G.A. 12-7-8(a). Such review may include, but shall not be limited to, review of the administration and enforcement of a governing authority's ordinance and review of conformance with an agreement, if any, between the district and the governing authority. If such review indicates that the governing authority of any county or municipality certified pursuant to O.C.G.A. 12-7-8(a) has not administered or enforced its ordinances or has not conducted the program in accordance with any agreement entered into pursuant to O.C.G.A. 12-7-7(d), the division shall notify the governing authority of the county or municipality in writing. The governing authority of any county or municipality so notified shall have 30 days within which to take the necessary corrective action to retain certification as an issuing authority. If the county or municipality does not take necessary corrective action within 30 days after notification by the division, the division may revoke the certification of the county or municipality as an issuing authority.
(Ord. of 11-6-95, § VI; Ord of 11-6-00, § VI)

Sec. 16-32. Penalties and incentives.

(a) Failure to obtain a permit for land-disturbing activity. If any person commences any land-disturbing activity requiring a land-disturbing permit as prescribed in this article without first obtaining said permit, the person shall be subject to revocation of his business license, work permit or other authorization for the conduct of a business and associated work activities within the jurisdictional boundaries of the issuing authority.

(b) Stop-work orders.

(1) For the first and second violations of the provisions of this article, the director or the issuing authority shall issue a written warning to the violator. The violator shall have five days to correct the violation. If the violation is not corrected within five days, the director or the issuing authority shall issue a stop-work order requiring that land-disturbing activities be stopped until necessary corrective action or mitigation has occurred; provided, however, that, if the violation presents an imminent threat to public health or waters of the state or if the land-disturbing activities are conducted without obtaining the necessary permit, the director or issuing authority shall issue an immediate stop-work order in lieu of a warning;

(2) For a third and each subsequent violation, the director or issuing authority shall issue an immediate stop-work order; and;

(3) All stop-work orders shall be effective immediately upon issuance and shall be in effect until the necessary corrective action or mitigation has occurred.

(c) Bond forfeiture. If, through inspection, it is determined that a person engaged in land-disturbing activities has failed to comply with the approved plan, a written notice to comply shall be served upon that person. The notice shall set forth the measures necessary to achieve compliance with the plan and shall state the time within which such measures must be completed. If the person engaged in the land-disturbing activity fails to comply within the time specified, he shall be deemed in violation of this article and, in addition to other penalties, shall be deemed to have forfeited his performance bond, if required to post one under the provisions of section 16-30(b)(5)b.. The issuing authority may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance.

(d) Monetary penalties.

(1) Except as provided in paragraph (2) of this subsection, any person who violates any provisions of this article, the rules and regulations adopted pursuant hereto, or any permit condition or limitation established pursuant to this article or who negligently or intentionally fails or refuses to comply with any final or emergency order issued as provided in this article, may be held liable for a sentence of imprisonment not to exceed 60 days in jail or monetary penalty of $2,500.00 per day or both.

Notwithstanding any limitation of law as to penalties which can be assessed for violations of county ordinances, any magistrate court or any other court of competent jurisdiction trying cases brought as violations of this article under county ordinances approved under this article shall be authorized to impose penalties for such violations not to exceed $2,500.00 for each violation. Each day during which violation or failure or refusal to comply continues shall be a separate violation.

(2) The following penalties shall apply to land-disturbing activities performed in violation of any provision of this article, any rules and regulations adopted pursuant hereto, or any permit condition or limitation established pursuant to this article:

a. There shall be a minimum penalty of $250.00 per day for each violation involving the construction of a single-family dwelling by or under contract with the owner for his or her own occupancy, and;

b. There shall be a minimum penalty of $1,000.00 per day for each violation involving land-disturbing activities other than as provided in subsection a. of this paragraph.
(Ord. of 11-6-95, § VII; Ord of 11-6-00, § VII)

Sec. 16-33. Administrative appeal; judicial review.

(a) Administrative penalties. The suspension, revocation, modification or grant with condition of a permit by the issuing authority upon finding that the holder is not in compliance with the approved erosion and sediment control plan; or that the holder is in violation of permit conditions; or that the holder is in violation of any ordinance; shall entitle the person submitting the plan or holding the permit to a hearing before the county commission within 15 days after receipt by the issuing authority of written notice of appeal.

(b) Judicial review. Any person, aggrieved by a decision or order of the issuing authority, after exhausting his administrative remedies, shall have the right to appeal denovo to the Superior Court of Wayne County.
(Ord. of 11-6-95, § VIII; Ord of 11-6-00, § VIII)

Sec. 16-34. Effectivity, validity, and liability.

(a) Effectivity. This article shall become effective on the 6th day of November, 2000.

(b) Validity. If any section, paragraph, clause, phrase, or provision of this article shall be adjudged invalid or held unconstitutional, such decisions shall not effect the remaining portions of this article.

(c) Liability.

(1) Neither the approval of a plan under the provisions of this article, nor the compliance with provisions of this article shall relieve any person from the responsibility for damage to any person or property otherwise imposed by law nor impose any liability upon the issuing authority or district for damage to any person or property.

(2) The fact that a land-disturbing activity for which a permit has been issued results in injury to the property of another shall neither constitute proof of nor create a presumption of a violation of the standards provided for in this article or the terms of the permit.

(3) No provision of this article shall permit any persons to violate the Georgia Erosion and Sedimentation Act of 1975, the Georgia Water Quality Control Act or the rules and regulations promulgated and approved thereunder or pollute any waters of the state as defined thereby.
(Ord. of 11-6-95, § IX; Ord of 11-6-00, § IX)

Secs. 16-35--16-50. Reserved.

ARTICLE III.

ENVIRONMENTAL CONSERVATION, ON-SITE SEWAGE MANAGEMENT, AND PERMIT

Sec. 16-51. Short title.

This article shall be known, referred to, and may be cited as the Environmental Conservation, On-Site Sewage Management, and Permit Ordinance of Wayne County.
(Ord. of 10-19-00, § 1)

Sec. 16-52. Purpose.

It is the intent and policy of the Wayne County Board of Commissioners to promote the health, safety, convenience, order, prosperity, and general welfare of Wayne County and its residents; to protect the natural resources, the environment, and the public health of Wayne County; to facilitate the adequate provision of on-site sewage management for all development in the local jurisdiction; to protect significant groundwater recharge areas from pollution by spills, discharges, leaks, impoundments, applications of chemicals, injections, and other development; to promote the wise use of wetlands and protect them from alterations that will significantly affect or reduce their primary functions for water quality, floodplain and erosion control, groundwater recharge, aesthetic natural areas, and wildlife habitat areas; to establish measures to preserve an adequate supply of safe drinking water and a quality for state waters which is necessary to protect the health and welfare of the public as well as to provide for future growth; to protect the environment, including the soils, air quality, and water resources, from pollution and inappropriate development; to assist in the orderly, efficient, and integrated development of the county; and to require permits for new development or location within the county.
(Ord. of 10-19-00, § 2)

Sec. 16-53. Definitions.

When used in this article, the following words and phrases shall have the meanings given in this section.

Hazardous waste. Any solid waste which has been defined as a hazardous waste in regulations promulgated by the administrator of the United States Environmental Protection Agency (US EPA) pursuant to the Federal Act, which are in force and effect on February 1, 1988, codified as 40 C.F.R. Section 261, and as amended.

Lot. The contiguous land in the same ownership which is not divided by any public highway or alley, including any part thereof subject to any easement for any purpose other than a public highway or alley, but excluding any part thereof severed from another lot where the severance creates any nonconformity of size or use.

Perennial river/stream. A river/stream or section of a river/stream that normally flows continuously throughout the whole year.

Protected river corridor. All land, inclusive of islands, in areas of a protected river within a distance of 100 feet horizontally on both sides of the river measured from the uppermost part of the river bank; the area between the top of the bank and the edge of the water is included in the protected area.

River/stream bank. The rising ground, bordering a river or a stream, which serves to confine the water to the natural channel during the normal course of flow.

Subdivision. All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale, legacy, or building development, whether immediate or future. This shall include all divisions or re-subdivisions of land involving a new road or change in existing roads. Excluded from this definition is the combination or recombination of portions of previously platted lots where the total number of lots is not increased.

Utility. Public or private water or sewer piping systems, water or sewer pumping stations, electric power lines, fuel pipelines, telephone lines, roads, driveways, bridges, river/lake access facilities, stormwater systems and railroads or other utilities identified by a local government.

Wetlands. Those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. The ecological parameters for designating wetlands include hydric soils, hydrological vegetation, and hydrological conditions that involve a temporary or permanent source of water to cause soil saturation.
(Ord. of 10-19-00, § 3)

Sec. 16-54. General provisions.

(a) Permit required. No building, mobile home, structure, or land within the jurisdiction of Wayne County Board of Commissioners shall hereafter be erected, constructed, located, moved, used, subdivided, altered or disturbed except in conformity with the regulations herein and without first obtaining a permit from the Wayne County Board of Health. This provision does and shall apply to the location of all manufactured housing and industrialized buildings in the county.

(b) Minimum lot size. All lots intended for residential or other use within the county shall be of such size as necessary to meet all requirements, rules, and regulations of the Georgia Department of Human Resources according to the Rules of the Georgia Department of Human Resources and Public Health for On-Site Sewage Management Systems Manual for On-Site Sewage Management; and as necessary to comply with the minimums set forth in the Tables MT-1 and MT-2 hereby attached to and made a part of this article as Appendix 1, if on-site sewage management is utilized; and/or this article, whichever is stricter.

(c) On-site sewage management permit required. No person or business shall construct an on-site sewage management system on any lot within the county until site approval and an on-site sewage management construction permit has been obtained from and issued by the Wayne County Health Department.

(d) Permit coordination. The required permit under section 16-54(a) of this article shall not be issued until the Wayne County Health Department issues an on-site sewage management construction permit or a site approval letter, whichever is appropriate, so that all lots proposed to be used or subdivided would satisfy the requirements of this article, including the Rules of Georgia Department of Human Resources for On-site Management Systems. If the Wayne County Health Department is delegated the responsibility for administering this article, the permit or letter under this subsection 16-54(d) shall suffice as the permit required under subsection 16-54(a).

(e) Requirements are minimum. The regulations and requirements set by this article shall be the minimum requirements.

(f) Compliance with state and federal regulations. All developments, structures, and uses within the county shall also meet the requirements of all other local, federal and state regulations in effect, including, but not limited to, department of transportation regulations, state fire marshal regulations, Georgia's Uniform Construction Codes, and Georgia Department of Natural Resources and Georgia Environmental Protection Division environmental rules and regulations. Issuance of a permit under this article does not constitute certification of compliance with such codes or regulations, and does not abrogate responsibility of the owner to so comply.

(g) Map interpretation. If there is an uncertainty as to where a lot, portion of lot, or a proposed construction or location impacts an environmental resource regulated by this article because of interpretation of the applicable map, the decision of the Wayne County Board of Commissioners, or the Wayne County Health Department if it is delegated the responsibility for administering this article shall take precedent and be considered correct and final, but may be appealed as set forth in section 16-54(h).

(h) Map appeal. Any person who feels aggrieved by a decision of the Wayne County Board of Commissioners or the Wayne County Health Department, as appropriate, regarding map interpretation may at their own expense request reconsideration. Such reconsideration shall include submission of scientific evidence for reversal of the alleged error in map interpretation, and such evidence must be documented by a state-registered engineer, geologist, or soils scientist. To obtain a reversal of the decision of map interpretation, the evidence must be acceptable to Georgia Department of Natural Resources' Environmental Protection Division, and the Wayne County Board of Commissioners, and/or the Wayne County Health Department if the Wayne County Health Department is delegated responsibility for administering this article. Any costs for submission of evidence to the Georgia Department of Natural Resources' Environmental Protection Division shall be borne by the person requesting reconsideration.

(i) Coordination with zoning and other regulation. This article shall be coordinated with any zoning or other regulations adopted by the Wayne County Board of Commissioners, and if there is any conflict with those zoning or other regulations, the stricter provisions shall apply. If zoning is or has been adopted, the provisions of this article shall be considered an overlay, or additional requirement(s) to the requirements of underlying zoning regulations and district.

(j) Fees. Any fees for applications, inspections, and the issuance of permits or certificates required or issued under the provisions of this article shall be paid by the person seeking such permit at the time of application in advance of the issuance of such permits or certificates.

The amount of such fees, if any, shall be those established by the Wayne County Board of Commissioners from time to time.
(Ord. of 10-19-00, § 4)

Sec. 16-55. Delegation of ordinance administration.

The Wayne County Board of Commissioners, because of the need for coordination, hereby charges the Wayne County Health Department with responsibility for administering this article and ensuring compliance with its provisions.
(Ord. of 10-19-00, § 5)

Sec. 16-56. Wetlands protection regulations.

(a) Findings of fact. The wetlands within Wayne County are indispensable and fragile natural resources with significant development constraints due to flooding, erosion and soil limitations. In their natural state, wetlands serve man and nature. They provide habitat areas for fish, wildlife, and vegetation; water quality maintenance and pollution control; flood control; erosion control, natural resource education; scientific study; open space; and recreational opportunities.

(b) Reference map. The official maps to be used as the determinant for location of wetlands in Wayne County and to be regulated area under this article will be the U.S. Fish and Wildlife Service's National Wetlands Inventory Maps for Wayne County. These maps portray generalized wetlands inventory areas, and these wetlands inventory areas do not necessarily represent the boundaries of jurisdictional wetlands under the authority of the U.S. Army Corps of Engineers, and cannot serve as a substitute for a jurisdictional wetland determination or a wetland delineation by that agency.

(c) Wetlands development permit requirements. No activity or use except those identified in section 16-66(d) shall be allowed within wetlands without a permit under this article. Activities or uses permitted under section 404 of the U.S. Clean Water Act may receive a local permit once any required federal permit, or if appropriate, letter of permission/determination, is obtained as described below, and any other applicable provisions of this article have been satisfied.

(1) If there is a determination in the administration of this article that a proposed activity, use, or development subject to permit herein would not be located in or near an identified wetlands inventory area and would not disturb an identified wetlands inventory area, no further action concerning this particular article section is necessary.

(2) If there is a determination in the administration of this article that a proposed activity, use, or development subject to permit herein may be located in or near an identified wetlands inventory area and might disturb wetlands which appear to be under the jurisdiction of section 404 of the U. S. Clean Water Act, a U. S. Army Corps of Engineers' jurisdictional wetlands determination shall be required prior to issuance of a permit under this article.

(3) If a U. S. Army Corps of Engineers' jurisdictional wetlands determination is required, no local permit under this article will be issued until the person requesting the permit, at their own expense, obtains either a section 404 permit, if so required, or a letter of permission/determination from the U. S. Army Corps of Engineers that no federal permit is required.

(4) No action in the administration of this article, or no local permit issued pursuant to this article relieves the landowner from any federal or state permitting requirements, including those relating to wetlands or land disturbance.

(d) Permitted uses not requiring a permit. The following uses are permitted without permit within the wetlands of the county to the extent they are not prohibited by any other ordinance or law and provided they do not require structures, grading, fill, draining, or dredging except as provided herein.

(1) Forestry practices applied in accordance with best management practices approved by the Georgia Forestry Commission. (Section 404 does not require permits for normal, ongoing silvicultural activities. However, section 404 does list some required road construction best management practices that must be followed in order to qualify for such an exemption).

(2) Conservation or preservation of soil, water, vegetation, fish, or other wildlife, provided they do not affect waters of the State of Georgia or of the United States in such a way that would require a section 404 permit.

(3) Outdoor passive recreational activities, including fishing, bird watching, hiking, boating, horseback riding, and canoeing.

(4) Natural water quality treatment or purification.

(5) Normal agriculture activities including the planting and harvesting of crops and pasturing of livestock. Such activities shall be subject to best management practices approved by the Georgia Department of Agriculture.

(e) Prohibited uses. In compliance with the Georgia Rules for Environmental Planning Criteria, the following uses are prohibited entirely and no permit shall be issued for them.

(1) Receiving areas for toxic or hazardous waste or other contaminants.

(2) Hazardous or sanitary waste landfills.
(Ord. of 10-19-00, § 6)

Sec. 16-57. Groundwater recharge areas protection regulations.

(a) Findings of fact. Recharge areas are vulnerable to urban development activities as well as agricultural activities. Pesticides and herbicides sprayed on crops and animal waste, like septic tank affluents, contribute to a deterioration in the groundwater quality and can threaten the health of residents relying on well water. Development usually means an increase in the amount of land covered with impervious surfaces. Paving land in recharge areas can alter or impair their recharge characteristics thereby decreasing groundwater supplies.

(b) Reference map. The official map for delineation of significant groundwater recharge areas in Wayne County to be regulated areas under this article is the Georgia Department of Natural Resources' Significant Recharge Areas, Hydrological Atlas 18 (1989 edition).

(c) Groundwater recharge areas development permit requirements. All uses except those identified in section 16-57(d) and those subject to further restriction by any underlying zoning district area allowed. The following are additional requirements for specific uses:

(1) All new above ground chemical or petroleum storage tanks, having a minimum volume of 660 gallons, shall have secondary containment for 110 percent of the volume of such tanks or 110 percent of the volume of the largest tank in a cluster of tanks, and shall otherwise meet the requirements of U. S. EPA rules for oil pollution prevention, 40 CFR 112.1. Such tanks used for agricultural purposes are exempt, provided they comply with all federal regulations.

(2) All single-family dwellings, multi-family dwellings, mobile home parks, or other uses located within a groundwater recharge area and not served by both public water and sewer systems shall be required to have 150 percent of the minimum lot or space size calculated based on applications of the Georgia Department of Human Resources Manual for On-Site Sewage Management Systems (DHR manual) Tables MT-1 and MT-2 (included as part of this article in Appendix 1). The minimums set forth in Tables MT-1 and MT-2 may be increased further based on consideration of other factors (set forth in sections A--F of the DHR manual). Said minimum lot size shall not be in any case less than the minimum lot size specified by any underlying zoning district. The regulations specifying the largest minimum lot size shall apply.

(3) All lots shall have a minimum width of 150 feet, or as specified in any underlying zoning district if stricter (larger), in the area where an approved on-site sewage management system is to be located.

(4) No construction may proceed on a building or mobile home to be served by a septic tank or other on-site sewage management system unless the Wayne County Health Department first approves the proposed on-site sewage management system installation as meeting the requirements of the Georgia Department of Human Resources Manual for On-Site Sewage Management Systems and the provisions of this article.

(5) All new wastewater treatment basins shall have an impermeable liner except for the construction of mining settling basins.

(6) All new agricultural waste impoundment sites shall be lined. As a minimum, the liner shall be constructed of compact clay having a thickness of one foot and a vertical hydraulic conductivity of less than 5 × ten cm/sec or other criteria established by the U. S. Natural Resources Conservation Service.

(d) Prohibited uses. The following uses are prohibited entirely and no permit shall be issued for them.

(1) All new hazardous waste storage, treatment and disposal facilities.

(2) New facilities handling 10,000 pounds or more of hazardous materials of the types listed in section 312 of the Resource Conservation and Recovery Act of 1976, as amended, excluding underground storage tanks, on any one day.

(3) Permanent stormwater infiltration basins.
(Ord. of 10-19-00, § 7)

Sec. 16-58. Major river corridor protection district regulations.

(a) Findings of fact. Perennial river or watercourses with an average annual flow of at least 400 cubic feet per second are of vital importance to Georgia in that they help preserve those qualities that make a river suitable for habitat for wildlife, a site for recreation, and a source for clean drinking water. These river corridors also allow the free movement of wildlife from area to area within the state, help control erosion and river sedimentation, and help absorb floodwaters.

(b) District delineation. Protected rivers as defined under the Rules for Environmental Planning Criteria, adopted by Georgia Department of Natural Resources pursuant to O.C.G.A. 12-2-8, includes any perennial river or water courses with an average annual flow of at least 400 cubic feet per second. The Altamaha River and the Little Satilla River through Wayne County meet this criteria. A protected river corridor and a protective 100-foot vegetation buffer is hereby established along the entire length of these rivers within the jurisdiction of the Wayne County Board of Commissioners. The buffer area is measured horizontally from each riverbank within the county jurisdiction. Under the method prescribed by the Rules for Environmental Planning Criteria, no development or other land-disturbing activity will be allowed to occur within the protected river corridor and within a 100-foot buffer of the river bank except for the following permitted uses.

(c) Permitted uses. No development, or construction, or other land-disturbing activity will be allowed to occur within the 100-foot buffer from the protected river except for the following uses, and the natural vegetative buffer shall be restored as quickly as possible following any land-disturbing activity or construction permitted within the river corridor for these acceptable uses.

(1) Single-family dwellings, if any underlying zoning district so permits, provided each dwelling is located on a lot with a minimum size as specified by the Wayne County Health Department or the underlying zoning district regulations, but shall be the greater of these requirements; however, in any case the lot for each dwelling shall not be less that two acres, not including any area between the river banks; and provided the septic tank drainfield is located outside of the 100-foot buffer area.

(2) Any residential uses existing or under construction prior to the adoption of these local protection ordinances provided the use has an on-site sewage management construction permit issued by the Wayne County Health Department prior to the date of adoption of these local protection ordinances.

(3) Any industrial or commercial uses existing prior to the adoption of these local protection ordinances, providing they do not impair the drinking quality of the river water as defined by the Federal Clean Water Act, as amended, and meet all other federal and state environmental regulations.

(4) Road and utility crossings, providing the construction of these crossings meets the requirements of the Georgia Erosion and Sedimentation Act of 1975, as amended, or any local requirements, if stricter.

(5) Timer production and harvesting, providing it is consistent with the best management practices established by the Georgia Forestry Commission, and does not impair the drinking quality of the river water as defined by the Federal Clean Water Act, as amended.

(6) Agricultural production and management, provided it is consistent with the best management practices established by the Georgia Soil and Water Conservation Commission, and all other state and federal laws and regulations, including those promulgated by the Georgia Department of Agriculture; and does not impair the drinking quality of the river water as defined by the Federal Clean Water Act, as amended.

(7) Wildlife and fisheries management activities consistent with the purposes of O.C.G.A. 12-2-8 (as amended).

(8) Natural water quality treatment or purification.

(9) Wastewater treatment.

(10) Recreational usage consistent with the maintenance of a natural vegetative buffer or with river dependent recreation.

(d) Prohibited uses. In compliance with the Georgia Rules for Environmental Planning Criteria, the following uses are prohibited entirely and no permit shall be issued for them.

(1) Facilities or areas used for the handling, receiving, storing, or disposal of hazardous wastes.

(2) Hazardous or solid waste landfills.

(3) Septic tank drainfields with the 100-foot buffer area under any circumstance.

(4) Septic tanks within the 100-foot buffer area, except as expressly provided for single family dwellings which are permitted under and comply with section 16-58(c)(1).
(Ord. of 10-19-00, § 8)

Sec. 16-59. Variances.

When due to a particular hardship or extraordinary circumstance of the property involved which is not easily corrected, it is impractical for an owner or developer to comply with all of the requirements of this article, the Wayne County Board of Commissioners shall be authorized to vary such requirements (under its jurisdiction) only to such extent as to provide fairness to the owner or developer and as to not violate the intent and purposes of this article. Such variances shall only be granted in an official public meeting, and the reasons for granting them shall be entered into the minutes of the public meeting.
(Ord. of 10-19-00, § 9)

Sec. 16-60. Violations and penalties.

Violation of these provisions, prohibitions, and installation restrictions by any private individual, landowner, builder, remodeler, contractor, licensed electrical, licensed plumber, septic tank dealer or installer, mobile or manufactured home dealer or mover, or developer; or installation and delivery of any utility services by a public or private utility to any property which holds a septic tank system installed against these prohibitions and restrictions, shall be a violation of this article.

Any person violating, neglecting, or refusing to comply with any provision of this article shall, upon conviction, be guilty of a misdemeanor and shall be subject to such penalties as are provided by law. The Wayne County Board of Commissioners may take other actions or remedies as available at law to ensure compliance with or to prevent violation of provisions of this article.
(Ord. of 10-19-00, § 10)

Sec. 16-61. Court of jurisdiction.

The Wayne County Board of Commissioners or the Wayne County Board of Health, as appropriate, may bring complaints of violation of any provision of this article before either the Magistrate Court of Wayne County, or the State Court of Wayne County, as so desired.
(Ord. of 10-19-00, § 11)

Sec. 16-62. Legal status provisions.

Should any section or provision of this article be declared by the courts to be unconstitutional or invalid, for any reason, such declaration shall not affect the article as a whole, or any part thereof, other than the part so declared to be unconstitutional or invalid.
(Ord. of 10-19-00, § 12)

APPENDIX 1
MINIMUM LOT SIZING FOR ON-SITE SEWAGE MANAGEMENT

(a) Minimum lot size requirements for these lots utilizing on-site management systems are as follows for single-family dwellings, including, but not limited to: manufactured or mobile homes, stick-built homes, modular homes, etc., and individual lots in subdivisions or mobile home lots located in areas other than commercial mobile home parks. Area requirements for multiple dwellings on a single recorded lot, where not prohibited by local zoning, must be provided in multiples of the following minimum lot sizes for each dwelling to be constructed on the recorded lot. See Table MT-1 as follows. These minimum lot size requirements in this table may be increased further based on consideration of other factors and requirements upon application of the Georgia Department of Human Resources Manual For On-Site Sewage Management (DHR manual), including those currently set forth in sections A--F of the DHR manual.

Table MT-1

Minimum (min) lot sizes, minimum lot widths and maximum (max) allowable sewage flow for the type of water supply system.

Min. Lot Size Type of Water Supply System
Non-public (individual)* Public
43,560 sq. ft. 21,780 sq. ft.
Min. Lot Width 150 ft. 100 ft.
Max. Sewage Flow 600 gpad** 1200 gpad**

*In this context, "non-public" means an individual water supply system or any other water supply system which is not a "public" water supply system.

** gpad = gallons per acre per day = gal/acre day.

(b) Minimum lot sizing requirements for those lots utilizing on-site sewage management systems are as follows in Table MT-2 for multi-family residential dwellings, all other non-single-family dwellings and commercial structures, and this also includes mobile home parks. These minimum lot size requirements in this table may be increased further based on consideration of other factors and requirements upon application of the Georgia Department of Human Resources Manual for On-Site Sewage Management (DHR manual), including those currently set forth in sections A--B of the DHR manual.

Table MT-2

Minimum (min) lot sizes, minimum lot widths and maximum (max) allowable sewage flow for the type of water supply system.

Min. Lot Size Type of Water Supply System
Non-public (individual)* Public
43,560 sq. ft. 21,780 sq. ft.
Min. Lot Width 150 ft. 100 ft.
Max. Sewage Flow 600 gpad** 1200 gpad**

*In this context, "non-public" means an individual water supply system or any other water supply system which is not a "public" water supply system.

** gpad = gallons per acre per day = gal/acre day.