§ 26-40. Land disturbance application/permit process.

(a)

General. The property owner, developer, and designated planners and engineers shall design and review before submittal of the general development plans. They shall review the zoning resolution, stormwater management ordinance, subdivision ordinance, flood damage prevention resolution, this article, and other ordinances which regulate the development of land within the jurisdictional boundaries of unincorporated Fulton County. However, the property owner or operator are the only parties who may obtain a permit.

(b)

Application requirements.

(1)

Prior to any land disturbing activity, the property in question must be part of an approved and recorded legal lot of record (exemption plat or final plat). Additionally, no land disturbing activity, including grading, excavating, filling, and/or foundation work, shall be conducted within the unincorporated area of Fulton County or in any area where Fulton County has jurisdiction, until a land disturbance permit or a building permit (for those projects not requiring a land disturbance permit under this article) shall have been issued by the director allowing such activity and providing a copy of notice of intent submitted to EPD if applicable. If a project is to be developed in phases, then a separate land disturbance permit or building permit is required for each phase not to exceed 25 acres increments and the development sequence should be followed on all projects issued a land disturbance permit.

(2)

No person shall conduct any land disturbing activity within the jurisdictional boundaries of Fulton County without first obtaining a permit from the Fulton County Department of Environment and Community Development or its successor to perform such activity.

(3)

The application for a permit shall be submitted to the department of environment and community development and must include the applicant's erosion, sedimentation and pollution control plan with supporting data, as necessary. Said plans shall include, as a minimum, the data specified in subsection (c) of this section. Soil erosion, sedimentation and pollution control plans, together with supporting data, must demonstrate affirmatively that the land disturbing activity proposed will be carried out in such a manner that the provisions of subsections 26-39(b) and (c) will be met. Applications for a permit will not be accepted unless accompanied by nine copies of the applicant's soil erosion, sedimentation and pollution control plans and a physical address of the property owner (Post Office box not acceptable). All applications shall contain a certification stating that the plan preparer or the designee thereof visited the site prior to creation of the plan in accordance with EPD Rule 391-3-7-10.

(4)

A minimum fee of $125.00, as set by the board of commissioners of Fulton County, shall be charged for each acre or fraction thereof of the project area.

(5)

In addition to Fulton County's permitting fees, fees will also be assessed pursuant to O.C.G.A. § 12-5-23(a)(5), provided that such fees shall not exceed $80.00 per acre of land-disturbing activity, and these fees shall be calculated and paid by the primary permittee as defined in the state general permit for each acre of land-disturbing activity included in the planned development or each phase of development. All applicable fees shall be paid prior to issuance of the land disturbance permit. Half of such fees levied shall be submitted to the division; except that any and all fees due from an entity which is required to give notice pursuant to O.C.G.A. § 12-7-17(9) or (10) shall be submitted in full to the division, regardless of the existence of a local issuing authority in the jurisdiction.

(6)

The permit applicant shall be required to post a bond in the form of government security, cash, irrevocable letter of credit, or any combination thereof prior to issuing the permit. The bond amount shall be determined as established by the department. If the applicant does not comply with this article or with the conditions of the permit after issuance, Fulton County 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 corrective actions may include, but are not limited to, de-silting detention ponds, water bodies, stormwater facilities, roadways, installing fence with locking device, re-establishing damaged buffer, etc. If a permit applicant has had two or more outstanding violations of previous permits, this article, or the Erosion and Sedimentation Act of 1975 (O.C.G.A. § 12-7-1 et seq.), as amended within three years prior to the date of filing of the application under consideration, Fulton County may deny the permit application.

(7)

If applicable, immediately upon receipt of an application and plan for a permit, Fulton County 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 district shall approve or disapprove a plan within 35 days of receipt. Failure of the district to act within 35 days shall be considered an approval of the pending plan. The results of the district review shall be forwarded to Fulton County. No permit will be issued unless the plan has been approved by the district, and any variances required by section 26-39(c)(14) or (15) and bonding, if required as per subsection (b)(5) of this section, have been obtained. Such review will not be required if Fulton County and the district have entered into an agreement which allows Fulton County to conduct such review and approval of the plan without referring the application and plan to the district. The local issuing authority with plan review authority shall approve or disapprove a revised Plan submittal within 35 days of receipt. Failure of the local issuing authority with plan review authority to act within 35 days shall be considered an approval of the revised plan submittal.

(8)

If a permit application has had two or more violations of previous permits, this article, or the Erosion and Sedimentation Act, as amended, within three years prior to the date of filing of the application under consideration, Fulton County may deny the permit application.

(9)

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

(c)

Plan requirements.

(1)

Plans must be prepared to meet the minimum requirements as contained in section 26-39(b) and (c), or through the use of more stringent, alternate design criteria which conform to sound conservation and engineering practices. The Manual for Erosion and Sediment Control in Georgia is hereby incorporated by reference into this ordinance. The plan for the land disturbing activity shall consider the interrelationship of the soil types, geological and hydrological characteristics, topography, watershed. Vegetation, proposed permanent structures including roadways, constructed waterways, sediment control and stormwater management facilities, local ordinances and state laws. Maps, drawings and supportive computations shall bear the signature and seal of the certified design professional. Persons involved in land development design, review, permitting, construction, monitoring, or inspections or any land disturbing activity shall meet the education and training certification requirements , dependent on his or her level of involvement with the process, as developed by the commission and in consultation with the division and the stakeholder advisory board created pursuant to O.C.G.A. § 12-7-20.

(2)

Data required for site plan shall include all the information required from the appropriate erosion, sedimentation and pollution control plan review checklist established by the commission as of January 1 of the year in which the land-disturbing activity was permitted.

(d)

Permits and development activity.

(1)

Permits shall be issued or denied as soon as practicable but in any event not later than 45 days after receipt by Fulton County of a completed application, provided that any necessary variances have been obtained, bonding has been provided, and specifications developed and maintained by the department of public works and permitted by the department of environment and community development have been met, and all applicable fees have been paid prior to permit issuance. The permit shall include conditions under which the activity may be undertaken.

(2)

No permit shall be issued by Fulton County unless the erosion, sedimentation and pollution control plan has been approved by the district or Fulton County, and unless Fulton County has affirmatively determined that the plan is in compliance with this article, any variances required by subsections 26-39(c)(14) or (15) are obtained, bonding requirements, if necessary, as per subsection 26-40(b)(5) are met and all ordinances and rules and regulations in effect within the jurisdictional boundaries of unincorporated Fulton County are met. If the permit is denied, the reason for denial shall be furnished to the applicant.

(3)

Any land-disturbing activities by a local issuing authority shall be subject to the same requirements of this article, and any other ordinances relating to land development, as are applies to private persons and the division shall enforce such requirements upon the local issuing authority.

(4)

If the tract is to be developed in phases, then a separate permit shall be required for each phase to include the development sequence.

(5)

The permit may be suspended, revoked, or modified by Fulton County, as to all or any portion of the land affected by the plan, upon finding that the holder or his successor in 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 of the conditions contained in the permit as to all or any portion of the land affected by the approved plan.

(6)

Fulton may reject a permit application if the applicant has had two or more violations of previous permits or the Erosion and Sedimentation Act permit requirements within three years prior to the date of the application, in light of O.C.G.A. § 12-7-7-(f)1.

(7)

Sedimentation basins shall not be allowed in state waters or other perennially flowing streams.

(8)

The permittee shall ensure that engineering and construction on any land within unincorporated Fulton County shall be carried out in such a manner as to protect neighboring persons and property from damage or loss resulting from stormwater runoff, soil erosion, or deposition upon private property or public streets or water-transported silt or debris.

(9)

The director or designee during field inspections may require revisions, addendum and modifications that address any and all features to ensure compliance with this article and any permit issued hereunder.

(10)

It shall constitute non-compliance with this article to engage in land disturbance activity involving clearing, grading, timber harvesting or grubbing without a permit, which activity may immediately warrant citation(s).

(11)

Design and installation of properly functioning detention facilities, including outflow and overflow control devices, shall be the responsibility of the owner. If any erosion control devices are damaged or destroyed during grading or construction, all construction processes shall cease until the devices are restored to their functioning capability. The owner, through application for grading or construction permits, accepts the responsibility of maintenance of the control devices.

(12)

The owner and operator shall be responsible for the maintenance of the storm drainage facilities during grading, construction, and for a 15-month period following the final approval of the completed project. Maintenance will be construed to include preserving the enclosing walls or impounding embankment or the detention basin and sedimentation ponds, in good condition; ensuring structural soundness, functional adequacy, and freedom from sediment of all drainage structures; and rectifying any unforeseen erosion problems.

(13)

The developer shall provide stabilization by covering the soil with: permanent seeding, sprigging or planting, producing long-term vegetative cover, temporary seeding producing short-term vegetative cover, sodding or covering areas with a turf of perennial sod forming grass; and security fences for safety purposes at detention facilities as prescribed by and prior to approval by Fulton County.

(Res. No. 05-0690, Exh. A, 6-15-05; Ord. No. 10-0576, 6-2-10)

State law reference

Permits for land disturbing activities, O.C.G.A. §§ 12-7-7, 12-7-9.