§ 26-430. Applicability.

This article shall apply to all land development activity on property containing a stream protection area as defined in sections 26-428 and 26-429 of this article. 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.

(1)

Grandfather provisions.

a.

Any legal residential lot of record existing prior to the effective date of this article that does not change use, zoning classification or size is exempt from the requirements in section 26-429 but shall be in compliance with requirements of the article existing prior to the adoption of this article.

b.

Any zoning application, use permit application, concept plan that is a part of a zoning or use permit application; residential, commercial or industrial permit or subdivision application submitted to the county prior to the effective date of this article are exempt from the buffer and setback requirements in section 26-429 as of the effective date of this article for the following time periods for the corresponding development sizes listed below:

1.

25 lots or less, legally recorded within 18 months as of the effective date of this article;

2.

25 acres or less, legally recorded within 18 months as of the effective date of this article;

3.

250 lots or less, legally recorded within 24 months as of the effective date of this article;

4.

250 acres or less, legally recorded within 24 months as of the effective date of this article;

5.

Greater than 250 lots, legally recorded within 36 months as of the effective date of this article;

6.

Greater than 250 acres, legally recorded within 36 months as of the effective date of this article.

(2)

Exemptions. The following activities shall be exempt from the requirements set forth in section 26-429 of this article. Exemption of these activities does not constitute an exemption for any other activity proposed on a property:

a.

A perpendicular stream crossing by a driveway, transportation route, or utility lines;

b.

A transportation route where buffer intrusion is the only option to provide access to a property;

c.

Unpaved foot trails and paths;

d.

Paved foot trails and paths for public use no greater than ten feet wide;

e.

Public water supply intake or public wastewater outfall structures;

f.

Public access facilities that must be on the water including boat ramps, docks, foot trails leading directly to the river, fishing platforms and overlooks;

g.

Utility line easements running parallel with the stream, except that all easements (permanent and construction) and land disturbance shall be required to meet the minimum State buffer protection requirement. This includes such impervious cover as 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 the above subsection;

h.

Land development activities within a dedicated transportation right-of way existing as of the effective date of this ordinance or approved under the terms of this article;

i.

Forestry or 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;

j.

Minor land-disturbing activities for the intent of emergency erosion control and bank stabilization activities (i.e. for the purposes of corrective maintenance; measures for health, safety and welfare; post storm; or other disaster relief) if Fulton County is notified in writing about the activity and the disturbance area is less than 5,000 square feet.

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