§ 26-429. Protection criteria.

(a)

Buffer and setback requirements. Streams in all watersheds within unincorporated Fulton County shall require a minimum 75-foot undisturbed buffer on each side of the stream, as measured from the point of wrested vegetation. An additional 25-foot setback shall be maintained adjacent to the undisturbed buffer in which all impervious surfaces shall be prohibited. Storm water retention or detention facilities are prohibited within the stream channel.

Stream buffer width averaging shall be allowed:

(1)

Within the first 15 feet of the setback and the first 25 feet of the undisturbed buffer without a variance. (See section 26-431, variance procedures); and

(2)

When it is demonstrated that the stream contains variations in sensitivity due to existing physical characteristics; and

(3)

When the total area contained within the buffer after averaging is no less than that contained within the standard buffer and setback area as specified in this section prior to averaging. Technical specifications for stream buffer width averaging are outlined in the administrative guidelines for this article.

(b)

Small water supply watershed protection standards. The following applies to these small water supply watersheds in unincorporated Fulton County: Big Creek Watershed, Whitewater Creek Watershed, Line Creek Watershed, Cedar Creek Watershed, and Bear Creek Watershed.

(1)

All streams located within an upstream seven mile radius of public-owned drinking water supply intakes and reservoirs require a 100-foot undisturbed buffer on each side, as measured from the point of wrested vegetation and an additional 50-foot setback adjacent to the undisturbed buffer in which all impervious cover shall be prohibited. Septic tanks and septic tank drain fields are prohibited within the undisturbed buffer and setback area;

(2)

All streams located outside of the seven mile radius arc (as described above) require a 75-foot undisturbed buffer on each side, as measured from the point of wrested vegetation and an additional 25-foot setback adjacent to the undisturbed buffer in which all impervious cover shall be prohibited. Septic tanks and septic tank drain fields are prohibited in the undisturbed buffer and setback area;

(3)

The impervious surface area, including all public and private structures, utilities, or facilities, of the entire water supply watershed shall be limited to 25 percent, or existing use, whichever is greater, unless other best management practices, as approved by the Georgia Department of Natural Resources have been implemented;

(4)

Within these watersheds, new facilities which handle hazardous materials of the types listed in Section 312 of the Resource Conservation and Recovery Act of 1976 (excluding underground storage tanks) and in amounts determined by the Georgia Department of Natural Resources of 10,000 pounds or more on any one day shall perform their operations on impervious surfaces and in conformance with any applicable local, state and federal spill prevention requirements and fire code requirements;

(5)

New hazardous waste treatment or disposal facilities are prohibited;

(6)

New sanitary landfills are allowed only if they have synthetic liners and leachate collection systems;

(7)

For small water supply watersheds that contain a reservoir, a buffer shall be maintained 150 feet from the reservoir boundary;

(c)

Large water supply watershed protection standards—Chattahoochee River. New facilities located within a seven mile radius upstream of the Chattahoochee River watershed water supply intake, and within unincorporated Fulton County which handle hazardous materials of the types listed in Section 312 of the Resource Conservation and Recovery Act of 1976 (excluding underground storage tanks) and amounts determined by the Georgia Department of Natural Resources of 10,000 pounds or more on any one day shall perform their operations on impervious surfaces and in conformance with any applicable local, state and federal spill prevention requirements and fire code requirements.

(Res. No. 05-0566, Exh. A, 3-4-05)