BUILDINGS;
CONSTRUCTION AND RELATED ACTIVITIES
Chapter 5
BUILDINGS; CONSTRUCTION AND RELATED ACTIVITIES*
------------
Cross references: Zoning, app. A; county definitions, app. B.
------------
Article I. Building Ordinance
Division 1. General Provisions, Enforcement, Administration, and Penalties
Sec. 5-1. Short title.
Sec. 5-2. Whitfield County Engineer– Creation of office and function.
Sec. 5-3. Authority and powers generally.
Sec. 5-4. Enforcement and penalties.
Sec. 5-5. Interpretation, conflict, and severability.
Sec. 5-6. Definitions.
Sec. 5-7. Interpretation.
Sec. 5-8. Administrative liability.
Sec. 5-9. Codes adopted and incorporated by reference.
Sec. 5-10. Fees.
Sec. 5-11. Unlawful to do any work without permit.
Sec. 5-12. Application for a building permit.
Sec. 5-13. Utilities; requirements for connection.
Sec. 5-14. Appeals.
Sec. 5-15. Self-inspection.
Sec. 5-16. Continued use of other federal, state, and/or local laws, ordinances, rules, or regulations.
Secs. 5-17– 5-20. Reserved.
Division 2. Nuisance Dwellings, Buildings, or Structures
Sec. 5-21. Duty to maintain.
Sec. 5-22. Appointment of public officer(s).
Sec. 5-23. Complaint against property for nuisance condition.
Sec. 5-24. Lien against the real property of nuisance properties.
Sec. 5-25. Direct appeal to superior court if action commenced in magistrate court.
Sec. 5-26. Citation for violation of codes or ordinances may be prior to or concurrent with nuisance proceedings of this division.
Sec. 5-27. Service of complaint in Rem.
Sec. 5-28. Lis pendens.
Sec. 5-29. Service of subsequent filings.
Division 3. Fire Hydrant and Water Supply Requirements
Sec. 5-30. General requirements.
Sec. 5-31. Development plan.
Sec. 5-32. Installation of water mains.
Sec. 5-33. Installation of fire hydrants.
Sec. 5-34. Valves and fire service connections.
Division 4. Procedures for Minimum Standard Codes
Sec. 5-35. Generally.
Sec. 5-36. Building inspector.
Sec. 5-37. Permits.
Sec. 5-38. Tests.
Sec. 5-39. Construction board of adjustment and appeals.
Article II. Reserved
Article III. Flood Damage Ordinance
Division 1. General Provisions, Enforcement, Administration, and Penalties
Sec. 5-40. Short title.
Sec. 5-41. Purpose.
Sec. 5-42. Objectives.
Sec. 5-43 Enforcement and penalties.
Sec. 5-44. Interpretation, conflict, and severability.
Sec. 5-45. Definitions.
Sec. 5-46. Administrative liability.
Sec. 5-47. Fees.
Sec. 5-48. Repeal of conflicting ordinances.
Sec. 5-49. Appeals and variances.
Sec. 5-50. Continued use of other federal, state, and/or local laws, ordinances, rules, or regulations.
Division 2. Flood Damage Control
Sec. 5-51. Application of article.
Sec. 5-52. Compliance.
Sec. 5-53. Warning and disclaimer of liability.
Sec. 5-54. Application process for a flood area permit.
Sec. 5-55. Duties and responsibilities of the county engineer.
Sec. 5-56. Provisions for flood hazard reduction– Floodways.
Sec. 5-57. Provisions for flood hazard reduction– General standards.
Sec. 5-58. Specific standards in areas of special flood hazard.
Sec. 5-59. Standards for manufactured homes.
Sec. 5-60. Standards for recreational vehicles.
Sec. 5-61. Standards for streams without established base flood elevation and/or floodways.
Sec. 5-62. Standards for subdivision proposals.
Sec. 5-63. Standards for areas of shallow flooding.
Secs. 5-64– 5-69. Reserved.
Article IV. Soil Erosion and Sedimentation Control
Sec. 5-70. Title.
Sec. 5-71. Definitions.
Sec. 5-72. Exemptions.
Sec. 5-73. Minimum requirements for erosion and sedimentation control using best management practices.
Sec. 5-74. Application/permit process.
Sec. 5-75. Inspection and enforcement.
Sec. 5-76. Penalties and incentives.
Sec. 5-77. Education and certification.
Sec. 5-78. Administrative appeal/judicial review.
Sec. 5-79. Effectivity, validity, and liability.
Secs. 5-80– 5-89. Reserved.
Article V. Swimming Pools
Sec. 5-90. Definitions.
Sec. 5-91. Enclosure around swimming pool.
Sec. 5-92. Lights, electricity and plumbing.
Sec. 5-93. Interference with property rights.
Sec. 5-94. Permits and inspections.
Sec. 5-95. Penalties.
Secs. 5-96– 5-99. Reserved.
Article VI. Building Setback Lines for Nonsubdivision Property
Sec. 5-100. Definitions.
Sec. 5-101. Jurisdiction.
Sec. 5-102. Violation– Penalty.
Sec. 5-103. Same– County empowered to sue.
Sec. 5-104. Conflict with other laws.
Sec. 5-105. Building lines.
Secs. 5-106, 5-107. Reserved.
Secs. 5-108, 5-109. Reserved.
Article VII. Reserved
Secs. 5-110– 5-112. Reserved.
Article VIII. Water Conservation Restrictions
Sec. 5-113. Definitions.
Sec. 5-114. Construction of residential buildings.
Sec. 5-115. Construction of commercial buildings.
Sec. 5-116. Repair or renovation of buildings.
Sec. 5-117. Exemptions.
Sec. 5-118. Enforcement; penalty.
Sec. 5-119. Reserved.
Article IX. Manufactured Housing
Division 1. In General
Sec. 5-120. Conflict with other regulations.
Sec. 5-121. Variance/appeals.
Sec. 5-122. Exemption of campers and travel trailers.
Sec. 5-123. Storage outside of collapsible camping trailers.
Sec. 5-124. Manufactured homes– Requirements.
Sec. 5-125. Same– Existing mobile/manufactured homes.
Sec. 5-126. Storage of mobile/manufactured homes.
Sec. 5-127. Setting up manufactured homes.
Sec. 5-128. Decal required.
Sec. 5-129. Penalty.
Sec. 5-130. Enforcement.
Secs. 5-131– 5-139. Reserved.
Division 2. Manufactured Home Parks
Sec. 5-140. Application for permission to develop or maintain.
Sec. 5-141. Dimensional and site development requirements (manufactured home park plan).
Sec. 5-142. Minimum number of manufactured home spaces.
Sec. 5-143. Required lot (manufactured home space) area.
Sec. 5-144. Yard requirements.
Sec. 5-145. Drainage.
Sec. 5-146. Interior streets and drives.
Sec. 5-147. Off-drive parking.
Sec. 5-148. Signs.
Sec. 5-149. Improvements to manufactured homes and manufactured home spaces.
Sec. 5-150. Special conditions and safeguards.
Sec. 5-151. Sanitation facilities of manufactured homes.
Sec. 5-152. Water, sewage, and electricity.
Sec. 5-153. Lighting.
Sec. 5-154. Refuse collection facilities.
Sec. 5-155. Service buildings.
Sec. 5-156. Existing manufactured home parks.
Sec. 5-157. Development compliance.
Sec. 5-158. Inspection.
ARTICLE I.
BUILDING ORDINANCE*
------------
Editor's note: A resolution adopted Sept. 24, 2001, repealed in their entirety Arts. I and II of this Ch. 5, and replaced them with provisions which have been codified as Art. I, Div. 1, §§ 5-1– 5-15 and Div. 2, §§ 5-21– 5-24. Former Art. I pertained to similar subject matter and derived from the 1979 Code and Ords. of Dec. 13, 1988; Apr. 11, 1989; Dec. 12, 1989; and Feb. 13, 1990; and Res. of May 14, 1996.
------------
DIVISION 1.
GENERAL PROVISIONS, ENFORCEMENT, ADMINISTRATION, AND PENALTIES
Sec. 5-1. Short title.
This ordinance shall hereafter be known, cited, and referred to as the "Whitfield County Building Ordinance."
Sec. 5-2. Whitfield County Engineer– Creation of office and function.
The office of Whitfield County Engineer is hereby created. The duties of the Whitfield County Engineer shall include the enforcement of the provisions of all ordinances of Whitfield County relating to land development, specifically including, but not limited to, the Whitfield County Building Ordinance and to perform all other duties of the office as provided for in this chapter and related federal, state, and/or local laws. In performing such duties, the Whitfield County Engineer may designate such other Whitfield County employees as he or she shall deem appropriate, necessary, or proper in the enforcement of this division.
Sec. 5-3. Authority and powers generally.
The Whitfield County Engineer or his or her designee is authorized and empowered, but is not limited to, the following:
(1) To enforce this chapter and all related laws relating to the construction, equipment, management and condition of all real property within the unincorporated area of the county, and to issue citations for violations of this division.
(2) To supervise the construction or reconstruction of all buildings or structures within the unincorporated areas of Whitfield County, Georgia.
(3) To carry out such other related duties as may be ordered from time to time by the Whitfield County Board of Commissioners and/or the Whitfield County Administrator.
Sec. 5-4. Enforcement and penalties.
The Whitfield County Engineer or his or her designee shall be the general administrative and enforcement officer of this division. In the enforcement of this division, the Whitfield County Engineer may delegate certain enforcement authority to other Whitfield County employees.
(1) Pursuant to O.C.G.A. § 36-1-20(b), any person violating any provision of this division shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $1,000.00, or by imprisonment in the county jail for not more than 60 days, or both.
(2) Each day during which a violation of any provision of this division continues shall be considered a separate offense.
(3) The owner, lessee, tenant, or occupant of any real property or part thereof or general contractor or builder, as appropriate, where anything in violation of this division shall be placed, exist, or conducted, and any person who may have assisted in the commission of any such violation, shall be guilty of separate offenses.
(4) The Whitfield County Magistrate Court shall have original jurisdiction upon any offense charged pursuant to this division unless removed to the Whitfield County Superior Court for a jury trial pursuant to O.C.G.A. § 15-10-61.
(5) In any circumstance in which any lot or parcel is, or is proposed to be, utilized in violation of this division, Whitfield County may, in addition to other remedies provided by law, seek equitable relief, injunction, abatement, or any appropriate action or actions, or proceeding to prevent, to enjoin, or to abate such use.
Sec. 5-5. Interpretation, conflict, and severability.
(1) In their interpretation and application, the provisions of this division shall be held to be minimum requirements.
(2) Where the conditions imposed by any provision of this division are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of this division or of any other applicable federal, state, or local law, ordinance, resolution, rule, or regulation, the regulation which is more restrictive and which imposes higher standards or requirements shall govern.
(3) If any section, subsection, sentence, clause, or phrase of this division is, for any reason, held by any court of competent jurisdiction to be unconstitutional or void, the validity of the remaining portions of this division shall not be affected thereby. The intent of the Whitfield County Board of Commissioners in adopting this division is that no portion hereof or provision of the regulations contained herein shall become inoperative or fail by reason of the unconstitutionality or invalidity of any section, subsection, sentence, clause, phrase, or provision of this division.
Sec. 5-6. Definitions.
For the purpose of this division and in order to carry out the provisions and intentions as set forth herein, certain words, terms, and phrases are to be used and interpreted as defined in the Whitfield County Definitions Ordinance [Appendix B]. The definitions contained therein are incorporated herewith as if set forth fully.
Sec. 5-7. Interpretation.
Words used in the present tense shall include the future tense; words used in the singular number include the plural, and words in the plural number include the singular; the word "person" includes a firm, partnership, or corporation as well as an individual; the term "shall" is always mandatory and not discretionary; the "may" is permissive. The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended," "arranged," or "designed to be used or occupied."
Sec. 5-8. Administrative liability.
No officer, agent, or employee of Whitfield County shall be personally liable for any damages which may accrue to persons or property as a result of any act required or permitted in the discharge of such person's duties pursuant to this division.
Sec. 5-9. Codes adopted and incorporated by reference.
It is the intent of Whitfield County to enforce the latest edition of the following Georgia State Minimum Standard Codes as adopted and amended by the Georgia Department of Community Affairs:
(1) International Building Code;
(2) International Residential Code;
(3) International Fire Code;
(4) International Plumbing Code;
(5) International Mechanical Code;
(6) International Fuel Gas Code;
(7) National Electrical Code;
(8) International Energy Conservation Code;
(9) International Property Maintenance Code;
(10) International Existing Building Code.
(Ord. of 9-24-01, § 1-9; Ord. of 4-11-05, § 1; Ord. of 9-10-07, § 1; Res. of 5-14-07)
Sec. 5-10. Fees.
A schedule of permit, application, and/or use fees, as adopted from time to time by the Whitfield County Board of Commissioners, shall be attached hereto as Appendix "A" and incorporated herein by reference.
Sec. 5-11. Unlawful to do any work without permit.
It shall be unlawful for any person to commence or to perform any work upon any building or structure for which a permit fee is prescribed or for which a permit is required without first obtaining a permit as required.
(1) Surcharge for commencing work without permit. Any person who commences work upon any building, structure, electrical, gas, mechanical or plumbing system for which a permit fee is prescribed or for which a permit is required, without first obtaining a permit, shall be subject to a $100.00 surcharge in addition to the usual permit fee. Such surcharge may be waived in the discretion of an authorized representative of the Whitfield County Building, Zoning, and Development Department if a person commencing or performing such work demonstrates a reasonable, prior good-faith belief, that no permit was required.
(Ord. of 9-24-01, § 1-11; Ord. of 9-13-04, § 1)
Sec. 5-12. Application for a building permit.
In applying for a permit, the building inspector may require the applicant to submit a dimensioned sketch or scale plan, indicating the shape, size, and location, with respect to the boundaries of the lot or parcel, of any structure(s) or accessory structure(s) to be erected, altered, or moved and of any structure(s) or accessory structure(s) already upon the lot or parcel. Such dimensioned sketch or scale plan, if required, shall depict also the number of dwelling units the building is designed to accommodate, if any, the setback lines of structure(s) or accessory structure(s) on adjoining lots, off-street parking spaces, and such other information concerning the lot or adjoining lots as may be necessary for determining whether the provisions of this division and other ordinances of Whitfield County are observed. Additionally, applicants shall submit to the building inspector and/or code enforcement officer all such information as is reasonably required for the determination of whether the proposed use is appropriate for and in compliance with the applicable zoning for the subject lot.
Sec. 5-13. Utilities; requirements for connection.
Utilities (including but not limited to, gas, water, electricity and sewerage) shall not be connected to any building, dwelling, structure, accessory structure, or manufactured home without first having obtained the written approval of the Whitfield County Engineer or his or her designee and after having first obtained a permit as provided herein.
(Ord. of 9-24-01, § 1-12; Ord. of 1-12-04, § 1)
Sec. 5-14. Appeals.
All appeals from any decision of the Whitfield County Engineer or his or her designee relating to any requirement of this division shall be heard by the Whitfield County Board of Zoning Appeals upon such procedures as set forth in the by-laws of the Whitfield County Board of Zoning Appeals. Said board of zoning appeals shall be empowered to grant variances where appropriate, upon the conditions therefor set forth in such board's by-laws.
(Ord. of 9-24-01, § 1-13; Ord. of 1-12-04, § 1)
Sec. 5-15. Self-inspection.
The governing authority of Whitfield County, pursuant to Section 3 of Act No. 1046 enacted by the General Assembly of the State of Georgia, does exempt Whitfield County from the provisions of the Act codified at O.C.G.A. § 8-2-26(d), allowing master plumbers and utility contractors to self inspect their own installation of water and sewer lines.
(Ord. of 9-24-01, § 1-14; Ord. of 1-12-04, § 1)
Sec. 5-16. Continued use of other federal, state, and/or local laws, ordinances, rules, or regulations.
Nothing herein shall be construed to abrogate or impair the powers of the court or of Whitfield County, Georgia to enforce any provision of any local enabling act, ordinance, law, rule, ordinance, or regulation, nor to prevent or to punish violations thereof. The powers conferred herein shall be in addition to and supplemental to the powers conferred by any local enabling act, ordinance, law, rule, ordinance, or regulation.
(Ord. of 9-24-01, § 1-15; Ord. of 1-12-04, § 1)
Secs. 5-17– 5-20. Reserved.
DIVISION 2.
NUISANCE DWELLINGS, BUILDINGS, OR STRUCTURES
Sec. 5-21. Duty to maintain.
It shall be the duty of the owner(s) of every dwelling, building, structure, or property within Whitfield County to construct and/or to maintain such dwelling, building, structure or property in conformance with all applicable codes in force within Whitfield County, or such ordinances which regulate and prohibit activities and which declare it to be a public nuisance to construct or to maintain any dwelling, building, structure, or property in violation of such codes or ordinances.
Sec. 5-22. Appointment of public officer(s).
The Whitfield County Board of Commissioners appoints or designates the following persons, and their designees, as public officers for the purposes of exercising the powers set forth herein: any member of the Whitfield County Board of Commissioners, the sheriff or any deputy sheriff, the tax assessor, the probate judge, the Whitfield County Engineer, the zoning administrator, any code enforcement officer, the county administrator, the public works director, and/or any employee of the Whitfield County Health Department, Environmental Health Office.
Sec. 5-23. Complaint against property for nuisance condition.
(1) Whenever a request is filed with the Whitfield County Engineer by a public officer by any public authority or by not less than five residents of Whitfield County charging that any dwelling, building, structure, or property is unfit for human habitation or for commercial, manufacturing, or business use and not in compliance with applicable codes is vacant and being used in connection with the commission of drug crimes, as set forth in O.C.G.A. § 16-13-2 et seq., or which constitutes an endangerment to the public health or safety as a result of unsanitary or unsafe conditions, the Whitfield County Engineer or his or her designee shall make an investigation or inspection of the specific dwelling, building, structure, or property.
(2) If the investigation or inspection identifies that any dwelling, building, structure, or property is unfit for human habitation or for commercial, manufacturing, or business use and not in compliance with applicable codes; is vacant and being used in connection with the commission of drug crimes; or constitutes an endangerment to the public health or safety as a result of unsanitary or unsafe conditions, Whitfield County, by and through the county attorney or designee, may issue a complaint in Rem against the lot or parcel upon which such dwelling, building, or structure is situated or where such public health hazard or general nuisance exists and shall cause summons and a copy of the complaint to be served upon the owner(s) and party(ies) in interest in such dwelling, building, or structure.
(3) Such complaint shall identify the subject real property by appropriate street address and official tax map reference; identify the owner and parties in interest; state with particularity the factual basis for the action; and contain a statement of the action sought by Whitfield County to abate the alleged nuisance.
(4) The summons shall notify the owner and parties in interest that a hearing will be held before a court of competent jurisdiction, as determined by O.C.G.A. § 41-2-5 at a date and time certain at the Whitfield County Courthouse. Such hearing shall be held not less than 15 nor more than 45 days after the filing of said complaint in court.
(5) The owner and parties in interest shall have the right to file an answer to the complaint and to appear in person or by attorney and to offer testimony at the time and place fixed for hearing.
(6) If, after such notice and hearing, the court determines that the dwelling, building, or structure in question is unfit for human habitation or is unfit for its current commercial, manufacturing, or business use and not in compliance with applicable codes; is vacant and being used in connection with the commission of drug crimes; or constitutes an endangerment to the public health or safety as a result of unsanitary or unsafe conditions, the court shall state in writing findings of fact in support of such determination and shall issue and cause to be served upon the owner and any parties in interest that have answered the complaint or appeared at the hearing an order, as follows:
(a) If the repair, alteration, or improvement of the said dwelling, building, or structure can be made at a reasonable cost in relation to the present value of the dwelling, building, or structure, requiring the owner, within the time specified in such order, to repair, to alter, or to improve such dwelling, building, or structure so as to bring it into full compliance with the applicable codes relevant to the cited violation and, if applicable, to secure the structure so that it cannot be used in connection with the commission of drug crimes; or
(b) If the repair, alteration, or improvement of the said dwelling, building, or structure cannot be made at a reasonable cost in relation to the present value of the dwelling, building, or structure, requiring the owner, within the time specified in such order, to demolish and to remove such dwelling, building, or structure and all debris from the property.
(7) For purposes of this division, the court shall make its determination of reasonable cost in relation to the present value of the dwelling, building, or structure without consideration of the value of the land upon which the structure is situated; provided, however, that costs of the preparation necessary to repair, to alter, or to improve a structure shall not be a factor in the court's determination. The present value of the structure and the costs of repair, alteration, or improvement may be established by affidavits of real estate appraisers with a Georgia appraiser classification, qualified building contractors, or qualified building inspectors, without actual testimony presented.
(8) Costs of repair, alteration, or improvement of the structure shall be the cost necessary to bring the structure into compliance with the applicable codes relevant to the cited violations in force in Whitfield County.
(9) If the owner shall fail to comply with an order to repair or to demolish the dwelling, building, or structure, a public officer may cause such dwelling, building, or structure to be repaired, altered, improved, to be vacated and closed, or demolished. A public officer shall cause to be posted upon the primary entrance of such building, dwelling, or structure, a placard with the following words:
"This building is unfit for human habitation or commercial, industrial, or business use and does not comply with the applicable codes or has been ordered secured to prevent its use in connection with drug crimes or constitutes an endangerment to the public health and safety as a result of unsanitary or unsafe conditions. The use or occupation of this building is prohibited and unlawful."
(10) If a public officer has the structure demolished, reasonable effort shall be made to salvage reusable materials for credit against the cost of demolition. The proceeds of any money received from the sale of salvaged materials shall be used or applied against the cost of the demolition and removal of the structure, and proper records shall be kept showing the application of sales proceeds. Any such sale of salvaged materials may be made without the necessity of public advertisement and bid. Whitfield County shall be relieved from any and all liability resulting from the sale of any such salvaged materials, including, without limitation, defects in such salvaged materials.
Sec. 5-24. Lien against the real property of nuisance properties.
The amount of the cost of demolition, including all court costs, attorney fees, appraisal fees, administrative costs incurred by the Whitfield County Tax Commissioner, and all other costs necessarily associated with the abatement action, including restoration to grade of the real property after demolition, shall be a lien against the real property upon which such cost was incurred.
(1) Such lien shall attach to the real property upon the filing of a certified copy of the order requiring repair, closure, or demolition in the office of the Clerk of Superior Court of Whitfield County and shall relate back to the date of the filing of the lis pendens notice required pursuant to O.C.G.A. § 41-2-12(g).
(2) The clerk of superior court shall record and index such certified copy of the order in the deed records of Whitfield County and enter the lien on the general execution docket.
(3) Such lien shall be superior to all other liens upon the property, except liens for taxes to which such lien shall be inferior, and shall continue in force until paid.
(4) After filing a certified copy of the order with the clerk of superior court, Whitfield County shall forward a copy of the order and a final statement of costs to the Whitfield County Tax Commissioner. It shall be the duty of the Whitfield County Tax Commissioner to collect the amount of the lien in conjunction with the collection of ad valorem taxes upon the property and to collect the amount of the lien as if it were a real property ad valorem tax, using all methods available for the collection of real property ad valorem tax, including, but not limited to, O.C.G.A. Chapter 4 of Title 48. Provided, however, that the limitation of O.C.G.A. § 48-4-78, which requires 12 months of delinquency before commencing a tax foreclosure shall not apply.
(5) The Whitfield County Tax Commissioner shall remit the amount collected to the Whitfield County Board of Commissioners.
(6) Thirty days after the imposition of the lien, the unpaid lien amount shall bear interest and penalties in the same amount as applicable to interest and penalties upon unpaid real property ad valorem taxes.
(7) The Whitfield County Tax Commissioner shall collect and retain an amount equal to the cost of administering a lien authorized by O.C.G.A. § 41-2-7 et seq.
(8) Whitfield County may waive and release an such lien imposed if the owner(s) thereof shall enter into a contract agreeing to a schedule for rehabilitation of the real property, dwelling, structure, or building, and demonstrating the financial means to accomplish such rehabilitation.
Sec. 5-25. Direct appeal to superior court if action commenced in magistrate court.
Where an abatement action pursuant to this division shall be commenced in the Whitfield County Magistrate Court, review of any court order shall be by direct appeal to the Whitfield County Superior Court, pursuant to O.C.G.A. § 5-3-29.
Sec. 5-26. Citation for violation of codes or ordinances may be prior to or concurrent with nuisance proceedings of this division.
The public officers designated herein or other authorized persons may issue citations for violations of state minimum codes set forth hereinabove and/or other codes or ordinances of Whitfield County, Georgia, and may seek to enforce such citation in any court of competent jurisdiction prior to issuing a complaint in Rem, as provided in this division.
Nothing herein shall be construed to impair or to limit in any way the authority of Whitfield County to define and to declare nuisances and to cause their removal or abatement by summary proceedings or otherwise, as provided by law.
Sec. 5-27. Service of complaint
(1) [Posting of complaint and summons.] In all circumstances, a copy of the complaint and summons shall be conspicuously posted upon the subject dwelling, building, or structure within three business days of the filing of the complaint and at least ten days prior to the date of any hearing thereon.
(2) Whitfield County residents. Additionally, a copy of the complaint and summons shall be served in one of the following ways, if such persons are residents of Whitfield County, Georgia, at least ten days prior to the date of any hearing thereon:
(a) Personal service upon each owner and party in interest; or
(b) Service pursuant to O.C.G.A. § 48-4-5; or
(c) Statutory overnight delivery.
(3) Georgia residents outside Whitfield County. If any owner or party in interest is a resident of the State of Georgia, but resides outside Whitfield County, service shall be perfected by certified mail or statutory overnight delivery, return receipt requested, to the most recent address as shown in the Whitfield County tax filings and mailed at least 14 days prior to the date of any hearing thereon.
(4) Nonresidents of Georgia. If any owner or party in interest is a nonresident of the State of Georgia with a last known address, service shall be perfected by certified mail or statutory overnight delivery, return receipt requested, to the most recent address as shown in the Whitfield County tax filings and mailed at least 14 days prior to the date of any hearing. For nonresidents, whose mailing address is unknown, a notice stating the date, time, and place of the hearing shall be published in the Dalton Daily Citizen once a week for two consecutive weeks prior to any hearing thereon.
(5) If the owner or any party in interest is a minor, an estate, an incompetent person, or person laboring under disabilities, the guardian or other legal personal representative of such person, if his or her identity shall be known to Whitfield County, shall be served as provided hereinabove. If such person's identity or his or her whereabouts shall be unknown, or if there shall be no guardian or personal representative, or if the owner or any party in interest shall be an unknown person, service shall be perfected by serving the Whitfield County Probate Judge at least 30 days prior to the date of any hearing thereon. The probate judge shall stand in the place of and protect the rights of such minor, estate, or incompetent person, or shall appoint a guardian ad litem for such person.
(6) In the event the whereabouts of any owner or party in interest is unknown and cannot be ascertained in the exercise of reasonable diligence or if such owner or party in interest cannot be served as provided hereinabove, an authorized representative of Whitfield County shall make an affidavit to that effect and shall then serve such person by publication as set forth in subsection (4), and such publication shall suffice as proof that service is perfected.
Sec. 5-28. Lis pendens.
A notice of lis pendens shall be filed with the Clerk of Superior Court of Whitfield County at the time of the filing of the complaint.
Sec. 5-29. Service of subsequent filings.
Orders and other filings made subsequent to the service of the initial complaint and summons shall be served by regular United States mail at an address provided the court in any responsive pleading upon any owner or party in interest who answers the complaint or who appears at the hearing. Any party failing to answer or to appear at the hearing shall be deemed to have waived all further notice in the proceedings.
(Ord. of 9-24-01, § 2-9)
DIVISION 3.
FIRE HYDRANT AND WATER SUPPLY REQUIREMENTS
Sec. 5-30. General requirements.
Any person hereafter who constructs any structure for manufacturing or commercial purposes or within any manufacturing or commercial zoning district; or any hospital, health care facility, nursing or medical care home or similar facility; school, day care center, or other educational or similar structure; or church, synagogue, mosque, or similar facility; or apartment, condominium, multi-family dwelling; or residential subdivision shall provide for the installation of fire hydrant(s) and water main(s) thereto upon the lot or parcel in conformity herewith and in conformity with all other applicable laws, regulations, ordinances, and codes.
(Ord. of 11-28-05; Ord. of 2-13-06; Res. of 7-10-06, § 1)
Sec. 5-31. Development plan.
Any person subject to section 5-30 hereinabove shall submit a development plan, showing the type of development, building spacing, general lot layout, the location of fire hydrants and the proposed flow requirements to the Whitfield County Fire Chief for the purposes of approval of the fire protection plan for such development. Following approval by the Whitfield County Fire Chief, a copy of such plan, showing general lot layout and the proposed location of fire hydrants and water mains and the proposed flow requirements for the fire hydrants shall be submitted to Dalton Utilities to determine whether or to what extent adequate water flow may be provided to meet the proposed flow requirements of the new development. The plan shall be sufficiently detailed, showing by metes and bounds the proposed locations of all fire hydrants and water mains thereto, the size and specifications of fire hydrants and water mains thereto, required fire flows for the type of development contemplated, and materials to be used, including, but not limited to, pipe, valves, and fittings. Prior to the commencement of any construction, such plan must receive approval from both the Whitfield County Fire Chief and from Dalton Utilities.
Sec. 5-32. Installation of water mains.
(1) In accordance with the Rules and Regulations of the Safety Fire Commissioner, Chapter 120-3-3, Rules and Regulations for the State Minimum Fire Safety Standards; (a) No water main less than eight inches in diameter shall be installed to supply more than one fire hydrant or one hydrant on dead-end mains over 500 feet. (b) No pipe smaller than eight inches in diameter shall be used to supply one hydrant and automatic extinguishing systems. (c) No pipe smaller than eight inches in diameter shall be installed to supply more than one hydrant and automatic extinguishing systems on looped mains over 1,000 feet. (Exception: other installations, new or existing, acceptable to and approved by the authority having jurisdiction, the approval shall include a letter from the local responding fire department. Note: Pipe sizing should be based upon sound engineering practices based upon projected water demand, fire fighting capabilities, and water supply characteristics. Whitfield County may require any larger diameter water main as reasonably warranted by engineering or geographical conditions, or as specified by Dalton Utilities to meet the required fire flows.)
(a) Reasonable effort shall be made to establish a gridiron layout, preferably "looped" with a minimum of dead-end lines;
(b) Additional water mains added to existing infrastructure shall be engineered and installed so as to provide the needed gallons per minute (hereinafter "GPM") fire flow per type of development or structures to be protected, per Insurance Services Office, Guide for Determination of Needed Fire Flow, as summarized herein below.
(2) Water mains installed in all residential subdivisions shall provide, at a minimum, 500 GPM at fire hydrants if structures are 100 feet or more apart, from corner to corner at the closest points. Water mains in such areas where structures are 31 to 99 feet apart must provide not less than 750 GPM; structures spaced 11 to 30 feet apart shall require 1,000 GPM; and structures ten feet or less shall require 1,500 GPM, calculated at fire hydrants within 500 feet of hose lays from such structures.
(3) Water mains installed for all manufacturing or commercial uses shall provide not less than the necessary fire flow per structure type. The needed fire flow shall be determined by the Insurance Services Office, Guide For Determination of Needed Fire Flow. Fire flow supply calculation shall include total flow of hydrants within 1000 feet of structures.
(4) Approval for the type and grade of water pipe to be installed pursuant to this section shall be given by Whitfield County. All water pipe, valves, hydrants, fittings, and other appurtenances will be installed in accordance with Dalton Utilities standard specifications and requirements.
(5) No person subject to this section shall construct or cause to be constructed any structure upon the lot or parcel until water mains and fire hydrants thereon shall have been installed and approved by Dalton Utilities and determined to be in operable condition for fire fighting by the Whitfield County Fire Chief.
(Ord. of 11-28-05; Ord. of 2-13-06)
Sec. 5-33. Installation of fire hydrants.
(1) Fire hydrants serving all manufacturing or commercial structures, hospitals, medical care facilities, nursing homes, offices, schools, educational facilities, apartments, condominiums, and multifamily residential structures shall be spaced not more than 600 feet from the next fire hydrant such that no part of any such structure shall be more than 300 feet from a fire hydrant.
(2) Fire hydrants shall be spaced not more than 1,000 feet from the next fire hydrant within single-family or dual-family residentially zoned or used areas. Any person subject to this section shall install primary fire hydrants as close to roadway intersections as practicable, placing intermediate fire hydrants along a public right-of-way to maintain the required minimum fire hydrant spacing set forth herein.
(3) No fire hydrant shall be used for any purpose other than fire fighting purposes without approval of Dalton Utilities.
Sec. 5-34. Valves and fire service connections.
(1) Fire service connections shall be not less than 18 nor more than 36 inches above the level of the adjoining ground or pavement. Threads for such connections shall be national standard threads and shall be uniform with those utilize by the Whitfield County Fire Department. Fire hydrants shall have approved tamper-proof operation assembly in accordance with Dalton Utilities standard specifications, a minimum six-inch shoe, and a safety shear pin designed to prevent abuse or damage to other operating parts.
(2) Fire hydrants shall be buried to a minimum depth of three feet in order to be fully frost proof (series S-frost proof with an automatic drain valve) to give positive protection against damaging by freezing.
(3) All fire hydrants shall have two and one-half inch hose outlets and one four and one-half inch pumper outlet.
(4) Any fire hydrant installed pursuant to the provisions of this section, whenever installed, shall be an extension of the public fire protection system of Whitfield County, and Whitfield County and Dalton Utilities shall each have a perpetual easement for purposes of access, maintenance, repair, and use thereof.
(5) All fire hydrants installed pursuant to this section shall be serviced and maintained by the person or any successor person or entity subject to this section and any perpetual easement for maintenance, repair, and use in favor of Whitfield County or Dalton Utilities shall not impose any obligation upon either the Whitfield County or Dalton Utilities to maintain or service any fire hydrant installed pursuant hereto.
(Ord. of 11-28-05)
DIVISION 4.
PROCEDURES FOR MINIMUM STANDARD CODES
Sec. 5-35. Generally.
(1) Purpose. The purpose of this article is to provide for the administration and enforcement of the Georgia State Minimum Standard Codes heretofore adopted. Hereinafter all of the codes heretofore adopted shall be referred to as the "technical codes," as may be adopted or amended by the state or local jurisdiction. The term "code" as used in this article shall mean the building code of the county.
(2) Code remedial.
(a) Generally. These technical codes are hereby declared to be remedial, and shall be construed to secure the beneficial interests and purposes thereof, which are public safety, health, and general welfare through structural strength, stability, sanitation, adequate light and ventilation, and safety to life and property from fire and other hazards attributed to the built environment including alteration, repair, removal, demolition, use and occupancy of buildings, structures, or premises, and by regulating the installation and maintenance of all electrical, gas, mechanical and plumbing systems, which may be referred to as service systems.
(b) Quality control. Quality control of materials and workmanship is not within the purview of this Code except as it relates to the purposes stated in section 22-471.
(c) Permitting and inspection. The inspection or permitting of any building, system or plan, under the requirements of this Code shall not be construed in any court as a warranty of the physical condition of such building, system or plan or their adequacy. Neither the (county) nor any employee thereof, shall be liable in tort for damages for any defect or hazardous or illegal condition or inadequacy in such building, system or plan, nor for any failure of any component of such, which may occur subsequent to such inspection or permitting.
(3) Scope.
(a) Applicability.
1. General. Where, in any specific case, different sections of these technical codes specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.
2. Building. The provisions of the standard building code, as amended, shall apply to the construction, alteration, repair, equipment, use and occupancy, location, maintenance, removal and demolition, of every building or structure or any appurtenances connected or attached to such buildings or structures, except in one and two-family dwellings.
3. Electrical. The provisions of the National Electrical Code, as amended, shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto.
4. Gas. The provisions of the Standard Gas Code, as amended, shall apply to the installation of consumer gas piping, gas appliances and related accessories as covered in this Code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories, except in one-family and two-family dwellings.
5. Mechanical. The provisions of the Standard Mechanical Code, as amended, shall apply to the installation of mechanical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating heating, cooling, air conditioning and refrigeration systems, incinerators, and other energy related systems, except in one-family and two-family dwellings.
6. Plumbing. The provisions of the Standard Plumbing Code, as amended, shall apply to every plumbing installation, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances, when connected to a water or sewerage system.
7. Fire prevention. The provisions of the Standard Fire Prevention Code, as amended, shall apply to the construction, alteration, repair, equipment, use and occupancy, location, and maintenance of every building or structure or any appurtenance connected or attached to such buildings or structures.
8. Energy. The provisions of the CABO Model Energy Code, as amended, shall regulate the design of building envelopes for adequate thermal resistance and low air leakage and the design and selection of mechanical, electrical, service water heating, and illumination systems and equipment that will enable the effective use of energy in new building construction.
9. CABO one-family and two-family dwelling. The provisions of the CABO One and Two Family Dwelling Code, as amended, shall apply to the construction, alteration, repair, equipment, use and occupancy, location, and maintenance of every one-family or two-family dwelling or any appurtenance connected or attached to such buildings or structures.
10. The Unsafe Building Abatement Code. The provisions of this Code provide code enforcement personnel with the necessary tools to have dangerous and unsafe buildings repaired or demolished.
(b) Federal and state authority; city utilities. The provisions of this Code shall not be held to deprive any federal or state agency, city utilities or any applicable governing authority having jurisdiction, of any power or authority which it had on the effective date of the adoption of this Code or of any remedy then existing for the enforcement of its orders, nor shall it deprive any individual or corporation of its legal rights as provided by law.
(c) Appendices. Appendices referenced in the code text of the technical codes shall be considered an integral part of the codes.
(d) Referenced standards. Standards referenced in the text of the technical codes shall be considered an integral part of the codes. If specific portions of a standard are denoted by code text, only those portions of the standard shall be enforced. Where code provisions conflict with a standard, the code provisions shall be enforced. Permissive and advisory provisions in a standard shall not be construed as mandatory.
(e) Maintenance. All buildings, structures, electrical, gas, mechanical and plumbing, systems, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. All devices or safeguards which are required by the technical codes when constructed, altered, or repaired, shall be maintained in good working order. The owner, or his designated agent, shall be responsible for the maintenance of buildings, structures, electrical, gas, mechanical and plumbing systems.
(4) Existing buildings.
(a) Generally. Alterations, repairs or rehabilitation work may be made to any existing structure, building, electrical, gas, mechanical or plumbing system without requiring the building, structure, plumbing, electrical, mechanical or gas system to comply with all the requirements of the technical codes provided that the alteration, repair or rehabilitation work conforms to the requirements of the technical codes for new construction. The building inspector shall determine the extent to which the existing system shall be made to conform to the requirements of the technical codes for new construction.
(b) Change of occupancy. If the occupancy classification of any existing building or structure is changed, the building, electrical, gas, mechanical and plumbing systems shall be made to conform to the intent of the technical codes as required by the building inspector.
(5) Special historic buildings.
The provisions of the technical codes relating to the construction, alteration, repair, enlargement, restoration, relocation or moving of buildings or structures shall not be mandatory for an existing building or structure identified and classified by the state or local jurisdiction as a historic building when such building or structure is judged by the building inspector to be safe and in the public interest of health, safety and welfare regarding any proposed construction, alteration, repair, enlargement, restoration, relocation or moving of the building within fire districts.
(6) Violations and penalties.
Any person, firm, corporation or agent who shall be found by the mayor and council to be in violation of a provision of the technical codes, or fail to comply therewith, or with any of the requirements thereof, or who shall erect, construct, alter, install, demolish or move any structure, electrical, gas, mechanical or plumbing system, or has erected, constructed, altered, repaired, moved or demolished a building, electrical, gas, mechanical or plumbing system, in violation of a detailed statement or drawing submitted and permitted thereunder, shall be fined and/or sentenced in accordance with the provisions of section 5-4 of this Code.
Sec. 5-36. Building inspector.
(1) Powers and duties generally. The building inspector and his designated agents are hereby authorized and directed to enforce the provisions of the technical codes. As used in this division, the term "building inspector" shall include all designated agents of the building inspector. The building inspector is further authorized to render interpretations of the technical codes, which are consistent with its intent and purpose. The building inspector is further authorized to issue citations and summons to persons, firms or corporations violating the Code for trial in the municipal court of the city upon such citations.
(2) Right of entry.
(a) Whenever necessary to make an inspection to enforce any of the provisions of this Code, or whenever the building inspector has reasonable cause to believe that there exists in any building, or upon any premises may condition or code violation which makes such building, structure, premises, electrical, gas, mechanical or plumbing systems unsafe, dangerous or hazardous, the building inspector may enter such building, structure or premises at all reasonable times to inspect the same or to perform any duty imposed upon the building inspector by these technical codes, provided that if such building or premises is occupied, he shall first present proper credentials and request entry. If such building, structure, or premises is unoccupied, he shall first make a reasonable effort to locate the owner or other persons having, charge or control of such and request entry. If entry is refused, the building inspector shall have recourse to every remedy provided by law to secure entry.
(b) When the building inspector shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having, charge, care or control of any building, structure, or premises shall fail or neglect, after proper request is made as provided in subsection (a) of this section, to promptly permit entry therein by the building inspector for the purpose of inspection and examination pursuant to this Code.
(3) Stop work orders. Upon notice from the building inspector, work on any building, structure, electrical, gas, mechanical or plumbing system that is being done contrary to the provisions of the technical codes or in a dangerous or unsafe manner, shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to his agent, or to the person doing the work, and shall state the conditions under which work may be resumed. Where an emergency exists, the building inspector shall not be required to give a written notice prior to stopping the work.
(4) Revocation of permits.
(a) Misrepresentation of application. The building inspector may revoke a permit or approval, issued under the provisions of this Code, where there has been any false statement or misrepresentation as to the material fact in the application or plans on which the permit approval was based
(b) Violations. The building inspector may revoke a permit upon determination by the building inspector that the construction, erection, alteration, repair, moving, demolition, installation or replacement of the building, structure, electrical, gas, mechanical or plumbing systems for which the permit was issued is in violation of, or not in conformity with, the provisions of the Code.
(5) Unsafe buildings or systems. All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the appropriate provisions of the Code and state law.
(6) Requirements not covered by code. Any requirements necessary for the strength, stability or proper operation of an existing or proposed building, structure, electrical, gas, mechanical or plumbing system, or for the public safety, health and general welfare, not specifically covered by the technical codes, shall be determined by the building inspector.
(7) Alternate materials and methods. The provisions of the technical codes are not intended to prevent the use of any material or method of construction not specifically prescribed by them, provided any such alternate has been reviewed by the building inspector. The building inspector shall approve any such alternate, provided the building inspector finds that the alternate for the purpose intended is at least the equivalent of that prescribed in the technical codes, in quality, strength, effectiveness, fire resistance, durability and safety. The building inspector shall require that sufficient evidence or proof be submitted to substantiate any claim made regarding the alternate.
Sec. 5-37. Permits.
(1) Application.
(a) When required. Any owner, authorized agent, or contractor who desires to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical, or plumbing system, the installation of which is regulated by the technical codes, or to cause any such work to be done, shall first make application to the building inspector and obtain the required permit for the work.
Exception: Permits shall not be required for the following:
Building:
1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 200 square feet;
2. Fences not over six feet high;
3. Retaining walls that are not over four feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge;
4. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed two to one;
5. Sidewalks and driveways;
6. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work;
7. Prefabricated swimming pools that are less than 24 inches deep;
8. Swings and other playground equipment;
9. Window awnings supported by an exterior wall which do not project more than 54 inches from the exterior wall and do not require additional support.
Electrical:
1. Repairs and maintenance, including the replacement of lamps or the connection of approved portable equipment to approved permanently installed receptacles.
Gas:
1. Portable heating, cooking, or clothes drying appliances;
2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe;
3. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.
Mechanical:
1. Any portable heating appliance;
2. Any portable ventilation equipment;
3. Any portable cooling unit;
4. Any steam, hot or chilled water piping within any heating or cooling equipment regulated by the technical code;
5. Replacement of any part which does not alter its approval or make it unsafe;
6. Any portable evaporation cooler;
7. Any self-contained refrigeration system containing ten pounds (4.54 kg.) or less of refrigerant and actuated by motors of one horsepower (746 W) or less;
8. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.
(b) Work authorized. A building, electrical, gas, mechanical or plumbing permit shall carry with it the right to construct or install the work, provided the same are shown on the drawings and set forth in the specifications filed with the application for the permit. Where these are not shown on the drawings and covered by the specifications submitted with the application, separate permits shall be required.
(c) Minor repairs. Ordinary minor repairs may be made with the approval of the building inspector without a permit, provided that such repairs shall not violate any of the provisions of the technical codes.
(d) Information required. Each application for a permit, with the required fee, shall be filed with the building inspector on a form furnished for that purpose, and shall contain a general description of the proposed work and its location. The application shall be signed by the owner, or his authorized agent. The building permit application shall indicate the proposed occupancy of all parts of the building and of that portion of the site or lot, if any, not covered by the building or structure, and shall contain such other information as may be required by the building official.
(e) Time limitations. An application for a permit for any proposed work shall be deemed to have been abandoned 12 months after the date of filing of the permit, unless before then a permit has been issued. One or more extensions of time for periods of not more than 12 months each may be allowed by the building inspector for the application provided the extension is requested in writing and justifiable cause is demonstrated.
(2) Drawings and specifications.
(a) Requirements. When required by the building inspector, two or more copies of specifications and of drawings drawn to scale with sufficient clarity and detail to indicate the nature and character of the work, shall accompany the application for a permit. Such drawings and specifications shall contain information, in the form of notes or otherwise, as to the quality of materials where quality is essential to conformity with the technical codes. Such information shall be specific and the technical codes shall not be cited as a whole or in part, nor shall the term "legal" or its equivalent be used, as a substitute for specific information. All information, drawings, specifications and accompanying data shall bear the name and signature of the person responsible for the design.
(b) Additional data. The building inspector may require details, computations, stress diagrams, and other data necessary to describe the construction or installation and the basis of calculations. All drawings, specifications and accompanying data required by the building inspector to be prepared by an architect or engineer shall be affixed with their official seal.
(c) Design professional. The design professional shall be an architect or engineer legally registered under the laws of this state which regulates the practice of architecture or engineering and shall affix his official seal to said drawings, specifications and accompanying data, for the following:
1. All Group A, E, and I occupancies.
2. Buildings and structures three stories or more high.
3. Buildings and structures 5,000 square feet (465 MA) or more in area.
For all other buildings and structures, the submittal shall bear the certification of the applicant that some specific state law exception permits its preparation by a person not so registered.
Exception: Single-family dwellings, regardless of size, shall require neither a registered architect or engineer, nor a certification that an architect or engineer is not required.
(d) Structural and fire resistance integrity. Plans for all buildings shall indicate how required structural and fire resistance integrity will be maintained where a penetration of a required fire resistance wall, floor or partition will be made for electrical, gas, mechanical, plumbing, signal and communication conduits, pipes and systems and also indicate in sufficient detail how the fire integrity will be maintained where required fire resistance floors intersect the exterior walls.
(e) Site drawings. Drawings shall show the location of the proposed building or structure and of every existing building or structure on the site or lot. The building inspector may require a boundary line survey prepared by a qualified surveyor.
(f) Hazardous occupancies. The building inspector may require the following:
1. General site plan. A general site plan drawn at a legible scale which shall include, but not be limited to, the location of all buildings, exterior storage facilities, permanent accessways, evacuation routes, parking lots, internal roads, chemical loading areas, equipment cleaning areas, storing and sanitary sewer accesses, emergency equipment and adjacent property uses. The exterior storage areas shall be identified with the hazard classes and the maximum quantities per hazard class of hazardous materials stored.
2. Building floor plan. A building floor plan drawn to a legible scale which shall include, but not be limited to, all hazardous materials storage facilities within the building and shall indicate rooms, doorways, corridors, exits, fire rated assemblies with their hourly rating, location of liquid tight rooms, and evacuation routes. Each hazardous materials storage facility shall be identified on the plan with the hazard classes and quantity range per hazard class or the hazardous materials stored.
(3) Examination of documents.
(a) Plan review. The building inspector shall examine or cause to be examined each application for a permit and the accompanying, documents, consisting of drawings, specifications, computations, and additional data, and shall ascertain by such examinations whether the construction indicated and described in accordance with the requirements of the technical codes and all other pertinent laws or ordinances.
(b) Affidavits. The building inspector may accept a sworn affidavit from a registered architect or engineer stating that the plans submitted conform to the technical codes. For buildings and structures the affidavit shall state that the plans conform to the laws as to egress, type of construction and general arrangement and if accompanied by drawings showing the structural design, and by a statement that the plans and design conform to the requirements of the technical codes as to strength, stresses, strains, loads and stability. The building inspector may without any examination or inspection accept such affidavit, provided the architect or engineer who made such affidavit agrees to submit to the building inspector copies of inspection reports as inspections are performed and upon completion of the structure, electrical, gas, mechanical or plumbing systems a certification that the structure, electrical, gas, mechanical or plumbing systems has been erected in accordance with the requirements of the technical codes. Where the building inspector relies upon such affidavit, the architect or engineer shall assume full responsibility for the compliance with all provisions of the technical codes and other pertinent laws or ordinances.
(4) Issuing permits.
(a) Action on permits. The building inspector shall act upon an application for a permit without unreasonable or unnecessary delay. If the building inspector is satisfied that the work described in an application for a permit and the contract documents filed therewith conform to the requirements of the technical codes and other pertinent laws and ordinances, he shall issue a permit to the applicant.
(b) Refusal to issue permit. If the application for a permit and the accompanying contract documents describing the work do not conform to the requirements of the technical codes or other pertinent laws or ordinances, the building inspector shall not issue a permit, but shall return the contract documents to the applicant with his refusal to issue such permit. Such refusal shall, when requested, be in writing and shall contain the reason for refusal.
(c) Special foundation permit. When application for permit to erect or enlarge a building has been filed and pending issuance of such permit, the building inspector may, at his discretion, issue a special permit for the foundation only. The holder of such a special permit shall proceed at his own risk and without assurance that a permit for the remainder of the work will be granted nor that corrections will not be required in order to meet provisions of the technical codes.
(d) Public right-of-way. A permit shall not be given by the building inspector for the construction of any building or for the alteration of any building where said building is to be changed and such change will affect the exterior walls, bays, balconies, or other appendages or projections fronting on any street, alley or public lane, or for the placing on any lot or premises of any building or structure removed from another lot or premises, unless the applicant has made application at the office of the director of public works for the lines of the public street on which he proposes to build, erect or locate said building; and it shall be the duty of the building inspector to see that the street lines are not encroached upon except as provided for in chapter 22 of the Standard Building Code.
(5) Contractors responsibilities. It shall be the duty of every contractor who shall make contracts for the installation or repairs of building, structure, electrical, gas, mechanical, sprinkler or plumbing systems, for which a permit is required, to comply with state or local rules and regulations concerning licensing which the Whitfield County Board of Commissioners may have adopted. In such case that the state requires a contractor to have obtained a state license before he is permitted to perform work, the contractor shall supply the building inspector with his license number before receiving a permit for work to be performed.
(6) Conditions of the permit.
(a) Permit intent. A permit issued shall be construed to be a license to proceed with the work and not as authority to violate, cancel, alter, or set aside any of the provisions of the technical codes, nor shall issuance of a permit prevent the building inspector from thereafter requiring a correction of errors in plans, construction, or violations of this Code. Every permit issued shall become invalid unless the work authorized by such permit is commenced within 12 months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 12 months after the time the worked is commenced. One or more extensions of time, for periods not more than 12 months each, may be allowed for the permit. The extension shall be requested in writing and justifiable cause demonstrated. Extensions shall be in writing by the building inspector.
(b) Permit issued on basis of an affidavit. Whenever a permit is issued in reliance upon an affidavit or whenever the work to be covered by a permit involves installation under conditions which, in the opinion of the building inspector, are hazardous or complex, the building inspector shall require that a registered architect or engineer supervise such work. In addition, the architect or engineer shall be responsible for conformity with the permit, provide copies of inspection reports as inspections are performed, and upon completion make and file with the building inspector written affidavit that the work has been done in conformity with the reviewed plans and with the structural provisions of the technical codes. In the event such architect or engineer is not available, the owner shall employ in his stead a competent person or agency whose qualifications are reviewed by the building inspector.
(c) Plans. When the building inspector issues a permit, he shall endorse, in writing or by stamp, upon both sets of plans the following legend: Reviewed for Code Compliance. One set of drawings so reviewed shall be retained by the building inspector and the other set shall be returned to the applicant. The permitted drawings shall be kept at the site of work and shall be open to inspection by the building inspector or his authorized representative.
(7) Fees.
(a) Prescribed fees. A permit shall not be issued until the fees prescribed by the Whitfield County Board of Commissioners have been paid. Nor shall an amendment to a permit be released until the additional fee, if any, due to an increase in the estimated cost of the building, structure, electrical, plumbing, mechanical or gas systems, etc., has been paid.
(b) Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing, etc., system before obtaining the necessary permits, shall be subject to a penalty of $100.00 in addition to the required permit fees.
(c) Accounting. The building inspector shall keep a permanent and accurate accounting of all permit fees and other money collected, the names of all persons upon whose account the same was paid, and with the date and amount thereof.
(d) Schedule of permit fees. On all buildings, structures, electrical, plumbing, mechanical and gas systems or alterations requiring a permit, a fee for each permit shall be paid as required at the time of filing the application, in accordance with the fee schedules as set by the Whitfield County Board of Commissioners.
(e) Building permit valuations. If, in the opinion of the building inspector, the valuation of building, alteration, structure, electrical, gas, mechanical or plumbing systems appears to be underestimated on the application, the permit shall be denied unless the applicant can show detailed estimates to meet the approval of the building inspector. Permit valuations shall include total cost, such as electrical, gas, mechanical, plumbing equipment and other systems, including materials and labor.
(8) Inspections.
(a) Existing building inspections. Before issuing a permit the building inspector may examine or cause to be examined any building, electrical, gas, mechanical or plumbing systems for which an application has been received for a permit to enlarge, alter, repair, move, demolish, install, or change the occupancy. He shall inspect all buildings, structures, electrical, gas, mechanical and plumbing systems, from time to time, during, and upon completion of the work for which a permit was issued. He shall make a record of every such examination and inspection and of all violations of the technical codes.
(b) Manufacturers and fabricators. When deemed necessary by the building inspector he shall make, or cause to be made, an inspection of materials or assemblies at the point of manufacture or fabrication. A record shall be made of every such examination and inspection and of all violations of the technical codes.
(c) Inspection service. The building inspector may make, or cause to be made, the inspections required by subsection (f) of this section. He may accept reports of inspectors of recognized inspection services provided that after investigation he is satisfied as to their qualifications and reliability. A certificate called for by any provision of the technical codes shall not be based on such reports unless the same are in writing and certified by a responsible officer of such service.
(d) Inspections prior to issuance of certificate of occupancy or completion. The building inspector shall inspect or cause to be inspected at various intervals all construction or work for which a permit is required, and a final inspection shall be made of every building, structure, electrical, gas, mechanical or plumbing system upon completion, prior to the issuance of the certificate of occupancy or completion.
(e) Posting of permit. Work requiring a permit shall not commence until the permit holder or his agent posts the permit card in a conspicuous place on the premises. The permit shall be protected from the weather and located in such position as to permit the building inspector or representative to conveniently make the required entries thereon. This permit card shall be maintained in such position by the permit holder until the certificate of occupancy or completion is issued by the building inspector.
f. Required inspections. The building inspector upon notification from the permit holder or his agent shall make the following inspections and such other inspections as necessary, and shall either release that portion of the construction or shall notify the permit holder or his agent of any violations which must be corrected in order to comply with the technical code:
Building.
1. Foundation inspection. To be made after trenches are excavated and forms erected.
2. Frame inspection. To be made after the roof, all framing, fireblocking and bracing are in place, all concealing wiring, all pipes, chimneys, ducts and vents are complete.
3. Final inspection. To be made after the building is completed and ready for occupancy.
Electrical.
1. Underground inspection. To be made after trenches or ditches are excavated, conduit or cable installed, and before any backfill is put in place.
2. Rough-in inspection. To be made after the roof, framing, fireblocking, and bracing is in place and prior to the installation of wall or ceiling membranes.
3. Final inspection. To be made after the building is complete, all required electrical fixtures are in place and properly connected or protected, and the structure is ready for occupancy.
Plumbing.
1. Underground inspection. To be made after trenches or ditches are excavated, piping installed, and before any backfill is put in place.
2. Rough-in inspection. To be made after the roof, framing, fireblocking and bracing is in place and all soil, waste and vent piping is complete, and prior to the installation of wall or ceiling membranes.
3. Final inspection. To be made after the building is complete, all plumbing fixtures are in place and properly connected, and the structure is ready for occupancy.
4. Note: See section 312 of the Standard Plumbing Code for required tests.
Mechanical.
1. Underground inspection. To be made after trenches or ditches are excavated, underground duct and fuel piping installed, and before any backfill is put in place.
2. Rough-in inspection. To be made after the roof, framing, fire blocking and bracing are in place and all ducting, and other concealed components are complete, and prior to the installation of wall or ceiling membranes.
3. Final inspection. To be made after the building is complete, the mechanical system is in place and properly connected, and the structure is ready for occupancy.
Gas.
1. Rough piping inspection. To be made after all new piping authorized by the permit has been installed, and before any such piping has been covered or concealed or any fixtures or gas appliances have been connected.
2. Final piping inspection. To be made after all piping authorized by the permit has been installed and after all portions which are to be concealed by plastering or otherwise have been so concealed, and before any fixtures or gas appliances have been connected. This inspection shall include a pressure test.
3. Final inspection. To be made on all new gas work authorized by the permit and such portions of existing systems as may be affected by new work or any changes, to ensure compliance with all the requirements of this Code and to assure that the installation and construction of the gas system is in accordance with reviewed plans.
Energy.
1. Foundation inspection. To be made before slab concrete is poured in place. To verify that perimeter insulation has been installed correctly on any slab on grade foundations, if required.
2. Frame inspection. To be made before exterior wall insulation is concealed by wall board to check installation of exterior walls insulation and to inspect that all holes and cracks through the structure envelope have been sealed in an appropriate manner as to restrict air passage.
3. Final inspection. To be made after the building is completed and ready for occupancy. To verify installation and R-value of ceiling and floor insulation. To verify correct SEER ratings on appliances.
(g) Written release. Work shall not be done on any part of a building, structure, electrical, gas, mechanical or plumbing system beyond the point indicated in each successive inspection without first obtaining a written release from the building inspector. Such written release shall be given only after an inspection has been made of each successive step in the construction or installation as indicated by each of the foregoing three inspections.
(h) Reinforcing steel, structural frames, insulation, plumbing, mechanical, or electrical systems. Reinforcing steel, structural frame, insulation, plumbing, work of any part of any building or structure shall not be covered or concealed without first obtaining a release from the building inspector.
(i) Plaster fire protection. In all buildings where plaster is used for fire protection purposes, the permit holder or his agent shall notify the building inspector after all lathing and backing is in place. Plaster shall not be applied until the release from the building inspector has been received.
(9) Certificates.
(a) Certificate of occupancy.
1. Building occupancy. A new building shall not be occupied or a change made in the occupancy, nature or use of a building or part of a building until after the building inspector has issued a certificate of occupancy. Such certificate shall not be issued until all required electrical, gas, mechanical, plumbing and fire protection systems have been inspected for compliance with the technical codes and other applicable laws and ordinances and released by the building inspector.
2. Issuing certificate of occupancy. Upon satisfactory completion of construction of a building or structure and installation of electrical, gas, mechanical and plumbing systems in accordance with the technical codes, reviewed plans and specifications, and after the final inspection, the building inspector shall issue a certificate of occupancy stating the nature of the occupancy permitted, the number of persons for each floor when limited by law, and the allowable load per square foot for each floor in accordance with the provisions of the technical codes.
3. Temporary/partial occupancy. A temporary/partial certificate of occupancy may be issued for a portion of a building which may safely be occupied prior to final completion of the building.
4. Existing building certificate of occupancy. A certificate of occupancy for any existing building may be obtained by applying to the building inspector and supplying the information and data necessary to determine compliance with the technical codes for the occupancy intended. Where necessary, in the opinion of the building inspector, two sets of detailed drawings, or a general inspection, or both, may be required. When, upon examination and inspection, it is found that the building conforms to the provisions of the technical codes and other applicable laws and ordinances for such occupancy, a certificate of occupancy shall be issued.
(b) Certificate of completion. Upon satisfactory completion of a building, structure, electrical, gas, mechanical or plumbing system, a certificate of completion may be issued. This certificate is proof that a structure or system is complete and for certain types of permits is released for use and may be connected to a utility system. The certificate does not grant authority to occupy or connect a building such as a shell building prior to the issuance of a certificate of occupancy.
(c) Service utilities.
1. Connection of service utilities. No person shall make connections from a utility source of energy, fuel or power to any building or system which is regulated by the technical codes for which a permit is required, until released by the building inspector and a certificate of occupancy or completion is issued.
2. Temporary connection. The building inspector may authorize the temporary connection of the building or system to the utility source of energy, fuel or power for the purpose of testing building service systems or for use under a temporary certificate of occupancy.
3. Authority to disconnect service utilities. The building inspector shall have the power to authorize disconnection of utility service to the building structure or system regulated by the technical codes, in case of emergency where necessary to eliminate an immediate hazard to life or property. The building inspector shall notify the serving utility, and whenever possible the owner and occupant of the building structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building structure or service system shall be notified in writing, as soon as practical thereafter.
(d) Posting floor loads.
1. Occupancy. An existing or new building shall not be occupied for any purpose which will cause the floors thereof to be loaded beyond their safe capacity. The building inspector may permit occupancy of a building for mercantile, commercial or industrial purposes, by a specific business, when he is satisfied that such capacity will not thereby be exceeded.
2. Storage and factory-industrial occupancies. It shall be the responsibility of the owner, agent, proprietor or occupant of group S and group F occupancies, or any occupancy where excessive floor loading is likely to occur, to employ a competent architect or engineer in computing the safe load capacity. All such computations shall be accompanied by an affidavit from the architect or engineer stating the safe allowable floor load on each floor in pounds per square foot is uniformly distributed. The computations and affidavit shall be filed as a permanent record of the building inspector.
3. Signs required. In every building or part of a building used for storage, industrial or hazardous purposes, the safe floor loads, as reviewed by the building inspector on the plan, shall be marked on plates or approved design which shall be supplied and securely affixed by the owner of the building in a conspicuous place in each story to which they relate. Such plates shall not be removed or defaced, and if lost, removed or defaced, shall be replaced by the owner of the building.
Sec. 5-38. Tests. ;ol0; Required. The building inspector may require tests or test reports as proof of compliance. Required tests are to be made at the expense of the owner, or his agent, by an approved testing laboratory or other approved agency.
Sec. 5-39. Construction board of adjustment and appeals.
(1) Appointment. There is hereby established a board to be called the construction board of adjustment and appeals, which shall consist of five members. The board shall be appointed by the Whitfield County Board of Commissioners.
(2) Membership and terms.
(a) Membership. The construction board of adjustment and appeals should consist of five members. Such board members should be composed of individuals with knowledge and experience in the technical codes, such as design professional, contractors or building industry representatives; provided, however, at least two members shall be from the general public. A board member shall not act in a case in which he has a personal or financial interest.
(b) Terms. The terms of office of the board member shall be staggered so no more than one-third of the board is appointed or replaced in any 12-month period. Vacancies shall be filed for an unexpired term in the manner in which original appointments are required to be made. Continued absence of any member from required meetings of the board shall, at the discretion of the Whitfield County Board of Commissioners, render any such member subject to immediate removal from office.
(c) Quorum and voting. A simple majority of the board shall constitute a quorum. In varying any provision of this Code, the affirmative votes of the majority present shall be required. In modifying a decision of the building inspector, not less than two affirmative votes shall be required.
(d) Secretary of board. The building inspector shall act as secretary of the board and shall make a detailed record of all its proceedings, which shall set forth the reasons for its decision, the vote of each member, the absence of a member and any failure of a member to vote.
(3) Powers. The construction board of adjustment and appeals shall have the power, as further defined in subsection (4) to hear the appeals of decisions and interpretations of the building inspector and consider variances of the technical codes.
(4) Appeals.
(a) Decision of the building official. The owner of a building structure or service system, or his duly authorized agent, may appeal a decision of the building inspector to the construction board of adjustment and appeals whenever any one of the following conditions are claimed to exist:
1. The building inspector rejected or refused to approve the mode or manner of construction proposed to be followed of materials to be used in the installation or alteration of a building structure or service system.
2. The provisions of this Code do not apply to this specific case.
3. That an equally good or more desirable form of installation can be employed in any specific use.
4. The true intent and meaning of this Code or any of the regulations thereunder have been misconstrued or incorrectly interpreted.
(b) Variances. The construction board of adjustment and appeals, when so appealed to and after a hearing, may vary the application of any provision of this Code to a particular case when, in its opinion, the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this Code or the technical codes or public interest, and also finds all of the following:
1. That special conditions and circumstances exist which are peculiar to the building, structure or service system involved and which are not applicable to others.
2. That the special conditions and circumstances do not result from the action inaction of the applicant.
3. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Code to other buildings, structures or service system.
4. That the variance granted is the minimum variance that will make possible the reasonable use of the building, structure or service system.
5. The granting of the variance will be in harmony with the general intent and purpose of this Code and will not be detrimental to the public health, safety and general welfare. In granting the variance, the construction board of adjustment and appeals may prescribe a reasonable time limit within which the action for which the variance is required shall be commenced or completed or both. In addition, the construction board of adjustment and appeals may prescribe appropriate conditions and safeguards in conformity with this Code. Violation of the conditions of a variance shall be deemed a violation of this Code.
(c) Notice of appeal. Notice of appeal shall be in writing, and filed within 30 calendar days after the decision is rendered by the building inspector. Appeals shall be in a form acceptable to the building inspector.
(d) Unsafe or dangerous buildings or service systems. In the case of a building, structure, or service system which, in the opinion of the building inspector, in unsafe, unsanitary or dangerous, the building inspector may, in his order, limit the time for such notice of appeals to a shorter period.
(5) Rules and regulations.
(a) Procedures. The construction board of adjustment and appeals shall establish rules and regulations for its own procedures not inconsistent with the provisions of these procedures. The construction board of adjustment and appeals shall meet on call of the chairman. The construction board of adjustment and appeals shall meet within 30 calendar days after notice of appeal has been received.
(b) Decisions. The construction board of adjustment and appeals shall, in every case, reach a decision without unreasonable or unnecessary delay. Each decision of the construction board of adjustment and appeals shall also include the reasons for the decision. If a decision of the construction board of adjustment and appeals reverses or modifies a refusal, order, or disallowance of the building inspector or varies the application of any provision of this Code, the building inspector shall immediately take action in accordance with such decision. Every decision shall be promptly filed in writing in the office of the building inspector and shall be open to public inspection. A certified copy of the decision shall be sent by mail or otherwise to the appellant and a copy shall be kept publicly posted in the office of the building inspector for two weeks after filing. Every decision of the board shall be final, subject however to such remedy as any aggrieved party might have at law or in equity.
(Res. of 5-14-07, § 2)
ARTICLE II.
RESERVED*
------------
Editor's note: A resolution adopted Sept. 24, 2001, repealed in their entirety Arts. I and II of this Ch. 5, and replaced them with provisions which have been codified as Art. I, Div. 1, §§ 5-1– 5-15 and Div. 2, §§ 5-21– 5-24. Former Art. II pertained to dangerous buildings and derived from the 1979 Code. Similar provisions can be found under § 5-21 et seq.
------------
ARTICLE
III.
FLOOD DAMAGE ORDINANCE*
------------
Editor's note: A resolution adopted Jan. 7, 2002, repealed Art. III, in its entirety and enacted similar provisions to read as herein set out. Former Art. III derived from an ordinance adopted Feb. 13, 1990.
------------
DIVISION 1.
GENERAL PROVISIONS, ENFORCEMENT, ADMINISTRATION, AND PENALTIES
Sec. 5-40. Short title.
This article shall hereafter be known, cited, and referred to as the "Whitfield County Flood Damage Control Ordinance."
Sec. 5-41. Purpose.
It is the purpose of this article to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific areas by the provisions hereinafter, which are designed to:
(1) Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;
(2) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
(3) Control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of floodwaters;
(4) Control filling, grading, dredging, and other development which may increase erosion or flood damage; and
(5) Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands.
Sec. 5-42. Objectives.
The objectives of this article are as follows:
(1) To protect human life and health;
(2) To minimize expenditure of public money for costly flood control projects;
(3) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
(4) To minimize prolonged business interruptions;
(5) To minimize damage to public facilities and utilities, such as water and gas mains, electric, telephone, and sewer lines, and streets and bridges located in floodplains;
(6) To assist in maintaining a stable tax base by providing for the sound use and development of floodprone areas in such a manner as to minimize flood blight areas; and
(7) To ensure that potential home buyers are notified that properties are located within a flood area.
Sec. 5-43. Enforcement and penalties.
The Whitfield County Engineer shall be the general administrative and enforcement officer of this article. In the administration and enforcement of this article, the county engineer may delegate certain administrative and enforcement authority to other Whitfield County employees.
(1) Pursuant to O.C.G.A. § 36-1-20(b), any person violating any provision of this article shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $1,000.00, or by imprisonment in the county jail for not more than 60 days, or both.
(2) Each day during which a violation of any provision of this article continues shall be considered a separate offense.
(3) The owner, lessee, tenant, or occupant of any real property or part thereof or general contractor or builder or other person, as appropriate, where anything in violation of this article shall be placed, exist, or conducted, and any person who may have assisted in the commission of any such violation, shall be guilty of separate offenses.
(4) The Whitfield County Magistrate Court shall have original jurisdiction upon any offense charged pursuant to this article unless removed to the Whitfield County Superior Court for a jury trial pursuant to O.C.G.A. § 15-10-61.
(5) In any circumstance in which any lot or parcel is, or is proposed to be, utilized in violation of this article, Whitfield County may, in addition to other remedies provided by law, seek equitable relief, injunction, abatement, or any appropriate action or actions, or proceeding to prevent, to enjoin, or to abate such use.
Sec. 5-44. Interpretation, conflict, and severability.
(1) In their interpretation and application, the provisions of this article shall be held to be minimum requirements.
(2) Where the conditions imposed by any provision of this article are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of this article or of any other applicable federal, state, or local law, ordinance, resolution, rule, or regulation, the regulation which is more restrictive and which imposes higher standards or requirements shall govern.
(3) If any section, subsection, sentence, clause, or phrase of this article is, for any reason, held by any court of competent jurisdiction to be unconstitutional or void, the validity of the remaining portions of this article shall not be affected thereby. The intent of the Whitfield County Board of Commissioners in adopting this article is that no portion hereof or provision of the regulations contained herein shall become inoperative or fail by reason of the unconstitutionality or invalidity of any section, subsection, sentence, clause, phrase, or provision of this article.
Sec. 5-45. Definitions.
(a) Definitions. For the purpose of this article and in order to carry out the provisions and intentions as set forth herein, certain words, terms, and phrases are to be used and interpreted as defined in the Whitfield County Definitions Ordinance [Appendix B]. The definitions contained therein are incorporated herewith as if set forth fully.
(b) Interpretation. Words used in the present tense shall include the future tense; words used in the singular number include the plural, and words in the plural number include the singular; the word "person" includes a firm, partnership, or corporation as well as an individual; the term "shall" is always mandatory and not discretionary; the "may" is permissive. The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended," "arranged," or "designed to be used or occupied."
Sec. 5-46. Administrative liability.
No officer, agent, or employee of Whitfield County shall be personally liable for any damages which may accrue to persons or property as a result of any act required or permitted in the discharge of such person's duties pursuant to this article.
Sec. 5-47. Fees.
A schedule of permit, application, and/or use fees, as adopted from time to time by the Whitfield County Board of Commissioners, is adopted by reference and on file in the office of the county clerk.
Sec. 5-48. Repeal of conflicting ordinances.
All ordinances and parts of ordinances in conflict herewith are repealed.
Sec. 5-49. Appeals and variances.
All appeals and variances from any decision of the county engineer or his or her designee relating to any requirement of this article shall be heard by the Whitfield County Board of Zoning Appeals upon such procedures as follows. The board of zoning appeals shall be empowered to grant variances where appropriate, upon the conditions therefor set forth in the following:
(a) Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum to preserve the historic character and design of the structure.
(b) Variances may be issued for development necessary for the conduct of a functionally dependent use, provided the criteria of this article are met, no reasonable alternative exists, and the development is protected by methods that minimize flood damage during the base flood and create no additional threats to public safety.
(c) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(d) In reviewing such requests, the board shall consider all technical evaluations, relevant factors, and all standards specified in this and other sections of this article.
(e) Conditions for variances:
(1) A variance shall be issued only when there is:
a. A finding of good and sufficient cause;
b. A determination that failure to grant the variance would result in exceptional hardship; and
c. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create a nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
(2) The provisions of this section are minimum standards for flood loss reduction, therefore any deviation from the standards must be weighed carefully. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; and, in the instance of an historic structure, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building.
(3) Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation of the proposed lowest floor and stating that the cost of flood insurance will be commensurate with the increased risk to life and property resulting from the reduced lowest floor elevation.
(4) The county engineer shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request.
(f) Upon consideration of the factors listed above and the purposes of this article, the board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this article.
Sec. 5-50. Continued use of other federal, state, and/or local laws, ordinances, rules, or regulations.
Nothing herein shall be construed to abrogate or impair the powers of the court or of Whitfield County, Georgia, to enforce any provision of any local enabling act, law, rule, ordinance, or regulation, nor to prevent or to punish violations thereof. The powers conferred herein shall be in addition to and supplemental to the powers conferred by any local enabling act, law, rule, ordinance, or regulation.
(Res. of 1-7-02, § 1-12)
DIVISION 2.
FLOOD DAMAGE CONTROL
Sec. 5-51. Application of article.
This article shall apply to all areas of special flood hazard within the unincorporated portion of Whitfield County, as identified by the Federal Emergency Management Agency in its Flood Insurance Study Whitfield County, Georgia Unincorporated Areas, dated February 16, 1990, with accompanying maps and other supporting data, and any revision thereto, which are adopted by reference and incorporated herein by this reference.
Areas of special flood hazard may also include those areas known to have flooded historically or defined through standard engineering analysis by governmental agencies or private parties but not yet incorporated in a FIS in the unincorporated areas of Whitfield County.
Sec. 5-52. Compliance.
No building, structure, or accessory structure shall hereafter be located, extended, converted or structurally altered without full compliance with the terms of this article and other applicable regulations.
Sec. 5-53. Warning and disclaimer of liability.
The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based upon scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This article does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This article shall not create liability upon the part of Whitfield County or any officer or employee thereof for any flood damages which result from reliance upon this article or upon any administrative decision lawfully made hereunder.
Sec. 5-54. Application process for a flood area permit.
Application for a permit shall be made to the county engineer prior to any development activities and unless specifically waived by the county engineer, shall include, but not be limited to, the following:
(1) Plans, in duplicate, drawn to scale showing the nature, location, dimensions, and elevations of the area in question;
(2) Existing or proposed structures, earthen fill, storage of materials or equipment, drainage, facilities, and the location of the foregoing;
(3) Elevation in relation to mean sea level of the proposed lowest floor (including basement) of all buildings;
(4) Elevation in relation to mean sea level to which any nonresidential building will be floodproofed;
(5) Certificate from a registered professional engineer or architect that any nonresidential floodproofed building will meet the floodproofing criteria of this article;
(6) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
Sec. 5-55. Duties and responsibilities of the county engineer.
Duties of the county engineer shall include, but not be limited to the following:
(1) Review all development permits to assure that the permit requirements of this article have been satisfied.
(2) Advise permittees that additional federal or state permits may be required, and if specific federal or state permit requirements are known, require that copies of such permits be provided and maintained on file with the development permits. A known requirement is section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334.
(3) Notify adjacent communities and the Georgia Department of Natural Resources, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.
(4) Submit engineering data and/or analysis within six months to the Federal Emergency Management Agency for any altered or relocated watercourse, to ensure the accuracy of the community flood map.
(5) Assure that maintenance is provided within the altered or relocated portion of the watercourse so that the flood-carrying capacity is not diminished.
(6) Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved buildings, in accordance with subsection (b)(2) of this section.
(7) Verify and record the actual elevation (in relation to mean sea level) to which the new or substantially improved buildings have been floodproofed, in accordance with subsection (b)(2) of this section.
(8) When floodproofing is utilized for a particular building, obtain certification from a registered professional engineer or architect.
(9) Where interpretation is needed as to the exact location of boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this article.
(10) When base flood elevation data or floodway data have not been provided in accordance with this article, obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer the provisions of this article.
(11) Maintain all records pertaining to the provisions of this article in his office, which records shall be open for public inspection.
Sec. 5-56. Provisions for flood hazard reduction– Floodways.
Located within areas of special flood hazard are areas designated as "floodways." Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris and potential projectiles and has erosion potential, the following provisions shall apply:
(1) Encroachments, including fill, new construction, substantial improvements and other developments, are prohibited, unless certification (with supporting technical data) by a registered professional engineer is provided, demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge.
(2) If subsection (1) is satisfied, all new construction and substantial improvements shall comply with all other applicable flood hazard reduction provisions of this article.
(3) The placement of manufactured homes, except in an existing manufactured home park or subdivision, is prohibited. A replacement manufactured home may be placed upon a lot in an existing manufactured home park or subdivision, provided the anchoring standards of this chapter and the elevation standards and the encroachment standards of this section are met.
Sec. 5-57. Provisions for flood hazard reduction– General standards.
In all areas of special flood hazard, the following additional provisions shall be required:
(1) New construction and substantial improvements shall be anchored to prevent floatation, collapse, or lateral movement of the structure.
(2) Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state requirements for resisting wind forces.
(3) New construction and/or substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
(4) New construction and/or substantial improvements shall be constructed by methods and practices which minimize flood damage.
(5) Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
(6) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.
(7) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.
(8) On-site sewage management systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.
(9) Any alteration, repair, reconstruction, or improvement to any building or structure which is in compliance with the provisions of this article shall meet the requirements of "new construction" as contained in this article.
(10) Any alteration, repair, reconstruction, or improvement to any building or structure which is not in compliance with the provisions of this article shall be undertaken only if the nonconformity is not furthered, extended, or replaced.
Sec. 5-58. Specific standards in areas of special flood hazard.
In all areas of special flood hazard where base flood elevation data has been provided, the following provisions are required:
(1) Residential construction. New construction or substantial improvement of any residential dwelling (or manufactured home) shall have the lowest floor, including basement, elevated no lower than two feet above the base flood elevation. Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities are included as being part of the lowest floor. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of flood waters shall be provided (see subsection (3) for minimum requirements).
(2) Nonresidential construction. New construction or substantial improvement of any commercial, manufacturing, or nonresidential building or structure shall have the lowest floor, including basement, elevated no lower than two feet above the level of the base flood elevation. Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities are included as being part of the lowest floor. Buildings located in all "A" zones may be floodproofed in lieu of being elevated provided that all areas of the building below the required elevation are watertight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. For floodproofing the minimum limit above the base flood elevation is doubled from two to four feet. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied.
(3) Elevated buildings: New construction or substantial improvements of elevated buildings which include fully enclosed areas formed by foundation and other exterior walls below the base flood elevation shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters automatically to equalize hydrostatic flood forces on exterior walls. Designs for complying with this requirement must either be certified by a professional engineer or architect, or shall meet the following minimum criteria:
(a) Provide a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding.
1. Provide a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding.
2. The bottom of all openings shall be no higher than one foot above grade.
3. Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions.
(b) Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator).
(c) The interior portion of such enclosed area shall not be partitioned or finished into separate rooms.
Sec. 5-59. Standards for manufactured homes.
All manufactured homes placed or substantially improved upon individual lots or parcels, in expansions to existing manufactured home parks, or subdivisions, or in substantially improved manufactured home parks or subdivisions must meet all the requirements for new construction including elevation and anchoring. All manufactured homes placed or substantially improved in an existing manufacturing home park or subdivision shall be elevated such that:
(1) The lowest floor of the manufactured home is elevated not lower than two feet above the level of the base flood elevation.
(2) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least an equivalent strength no less than 36 inches in height above grade.
(3) The manufactured home must be securely anchored to the adequately anchored foundation system to resist flotation, collapse and lateral movement.
(4) In an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as the result of a flood, any manufactured home replaced or substantially improved must meet the standards above.
Sec. 5-60. Standards for recreational vehicles.
All recreational vehicles placed upon sites must either be fully licensed and ready for highway use or shall meet all of the requirements above for manufactured homes. A recreational vehicle is ready for highway use if it is otherwise operable as a vehicle, is on its wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices and has no permanently attached structures.
Sec. 5-61. Standards for streams without established base flood elevation and/or floodways.
Located within the areas of special flood hazard, where streams exist but where no base flood data has been provided or where base flood data has been provided without delineated floodways, the following provisions shall apply:
(1) When base flood elevation data or floodway data have not been provided in accordance with this article, the county engineer shall obtain, review, and reasonably utilize any scientific or historic base flood elevation and floodway data available from a federal, state, or other source, in order to administer the provisions of this article. Only if data are not available from these sources, then the following provisions shall apply:
a. No encroachments, including structures or fill material, shall be located within an area equal to the width of the stream or 50 feet, whichever is greater, measured from the top of the stream bank, unless certification by a registered professional engineer is provided demonstrating that such encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.
b. In special flood hazard areas without base flood elevation data, new construction and substantial improvements of existing structures shall have the lowest floor of the lowest enclosed area (including basement) elevated no less than three feet above the highest adjacent grade at the building site or if floodproofing is allowed, no less than six feet above the highest adjacent grade.
(2) New construction or substantial improvements of buildings shall be elevated or floodproofed to elevations established in this article.
Sec. 5-62. Standards for subdivision proposals.
(1) All subdivision proposals shall be in accordance with the Whitfield County Subdivision Regulations [chapter 15] and shall furthermore be consistent with the need to minimize flood damage.
(2) All subdivision proposals shall have public utilities and facilities, such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.
(3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards.
(4) Base flood elevation data shall be provided for subdivision proposals and other proposed development (including manufactured home parks and subdivisions).
(5) All subdivision proposals within a residential zone shall have lots with not less than 70 percent of the minimum lot size for such lot above the base flood elevation and the most probable building location is to be located within the 70 percent.
Sec. 5-63. Standards for areas of shallow flooding.
Located within areas of special flood hazard are areas designated as shallow flooding areas. The following provisions shall apply in such areas:
(1) Residential buildings. All new construction and substantial improvements of residential buildings shall have the lowest floor, including basement, elevated to the depth number specified on the flood insurance rate map, in feet, above the highest adjacent grade. If no depth number is specified, the lowest floor, including basement, shall be elevated at least three feet above the highest adjacent grade or at least two feet above the most probable nearby base flood elevation. The greater of the two shall apply.
(2) Nonresidential buildings. All new construction and substantial improvements of residential buildings shall:
(a) Have the lowest floor, including basement, elevated to the depth number specified on the flood insurance rate map, in feet, above the highest adjacent grade. If no depth number is specified, the lowest floor, including basement, shall be elevated at least three feet above the highest adjacent grade or two feet above the most probable nearby base flood elevation. The greater of the two shall apply; or
(b) Together with attendant utility and sanitary facilities, the building shall be completely floodproofed to or above double the minimum elevation increment as defined in subsection (a) hereinabove, so that any space below that level is water tight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. A registered professional engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions above, and shall provide such certification to the official as set forth above and as required in this article.
(Res. of 1-7-02, § 2-13)
Secs. 5-64– 5-69. Reserved.
ARTICLE IV.
SOIL EROSION AND SEDIMENTATION CONTROL*
------------
Editor's note: An ordinance adopted Apr. 12, 2004, repealed and replaced in its entirety Art. IV to read as herein set out. Former Art. IV pertained to the same subject matter and derived from an ordinance adopted Aug. 8, 1995; and amended by a resolution of Nov. 13, 2000.
State law references: Control of soil erosion and sedimentation, O.C.G.A. § 12-7-1 et seq.
Sec. 5-70. Title.
This article shall be known as the "Whitfield County Soil Erosion and Sedimentation Control Ordinance."
Sec. 5-71. Definitions.
The following definitions shall apply in the interpretation and enforcement of this article, unless otherwise specifically stated:
Best management practices (BMP's): A collection of structural practices and vegetative measures which, when properly designed, installed and maintained, will provide effective erosion and sedimentation control. The term "properly designed" means designed in accordance with the hydraulic design specifications contained in the "Manual for Erosion and Sediment Control in Georgia" specified in O.C.G.A. § 12-7-6(b).
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 Limestone Valley 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."
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.
Ground elevation: The original elevation of the ground surface prior to cutting or filling.
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 section 15-3(a)(5).
Larger common plan of development or sale: A contiguous area where multiple separate and distinct construction activities are occurring under one plan of development or sale. For the purposes of this paragraph, "plan" means an announcement; piece of documentation such as a sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning request, or computer design, or physical demarcation such as boundary signs, lot stakes, or surveyor markings, indicating that construction activities may occur on a specific plot.
Local issuing authority: The governing authority of any county or municipality which is certified pursuant to O.C.G.A. § 12-7-8(a).
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.
Operator: The party or parties that have:
(1) Operational control of construction project plans and specifications, including the ability to make modifications to those plans and specifications; or
(2) Day-to-day operational control of those activities that are necessary to ensure compliance with a stormwater pollution prevention plan for the site or other permit conditions, such as a person authorized to direct workers at a site to carry out activities required by the stormwater pollution prevention plan to comply with other permit conditions.
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.
Qualified personnel: Any person who meets or exceeds the education and training requirements of O.C.G.A. § 12-7-19.
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 Limestone Valley 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 general permit: The national pollution discharge elimination system general permit or permits for stormwater runoff from construction activities as is now in effect or as may be amended or reissued in the future pursuant to the state's authority to implement the same through federal delegation under the Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251 et seq., and O.C.G.A. § 12-5-30(f).
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 ground water 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.
Sec. 5-72. Exemptions.
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 construction disturbs less than one acre and is not a part of a larger common plan of development or sale with a planned disturbance of equal to or greater than one acre 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 15-4 and this paragraph. 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 5-73 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 5-73(c) 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 less than one acre of disturbed area; provided, however, that this exemption shall not apply to any land-disturbing activity within a larger common plan of development or sale with a planned disturbance of equal to or greater than one acre or 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 less than one acre, 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 local issuing authority from regulating any such project which is not specifically exempted by paragraphs (1), (2), (3), (4), (5), (6), (7), (9) or (10) of this subsection;
(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, the Georgia Regional Transportation Authority (GRTA) or the state tollway authority; or any road construction or maintenance project, or both, undertaken by any county or municipality; provided, however, that construction or maintenance projects of department of transportation or state tollway authority which disturb one or more contiguous acres of land shall be subject to provisions of O.C.G.A. § 12-7-7.1 except where the department of transportation, the Georgia Highway Authority, or the state road and tollway authority is a secondary permittee for a project located within a larger common plan of development or sale under the state general permit, in which case a copy of a notice of intent under the state general permit shall be submitted to the local issuing authority, the local issuing authority shall enforce compliance with the minimum requirements set forth in O.C.G.A. § 12-7-6 as if a permit had been issued, and violations shall be subject to the same penalties as violations by permit holders;
(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, any utility under the regulatory jurisdiction of the Federal Energy Regulatory Commission, any cable television system, as defined in O.C.G.A. § 36-18-1, or any agency or instrumentality of the United States engaged in the generation, transmission, or distribution of power; except where an electric membership corporation or municipal electrical system or any public utility under the regulatory jurisdiction of the public service commission, any utility under the regulatory jurisdiction of the Federal Energy Regulatory Commission, any cable television system as defined in O.C.G.A. § 36-18-1, or any agency or instrumentality of the United States engaged in the generation, transmission, or distribution of power is a secondary permittee for a project located within a larger common plan of development or sale under the state general permit, in which case the local issuing authority shall enforce compliance with the minimum requirements set forth in O.C.G.A. § 12-7-6 as if a permit had been issued, and violations shall be subject to the same penalties as violations by permits holders; and
(11) Any public water system reservoir.
Sec. 5-73. 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 chapter 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 subsections (b) and (c). 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/BMP's.
(1) Best management practices as set forth in this subsection and subsection (c) of this section 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 O.C.G.A. § 12-5-30(f), the Georgia Water Quality Control Act. As used in this subsection the terms "proper design" and "properly designed" mean designed in accordance with the hydraulic design specifications contained in the Manual for Erosion and Sediment Control in Georgia specified in O.C.G.A. § 12-7-6(b).
(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 of any state general permit issued by the division pursuant to O.C.G.A. § 12-5-30(f), 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. This paragraph shall not apply to any land disturbance associated with the construction of single-family homes which are not part of a larger common plan of development or sale unless the planned disturbance for such construction is equal to or greater than five acres.
(3) Failure properly to design, install, or maintain best management practices shall constitute a violation of any land-disturbing permit issued by a local issuing authority or of any state general permit issued by the division pursuant to O.C.G.A. § 12-5-30(f), 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, protections at least as stringent as the state general permit; and 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 run-off 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 subsection (b)(2) of this section;
(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:
a. 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
b. The buffer shall not apply to the following land-disturbing activities, provided that they occur at an angle, as measured from the point of crossing, within 25 degrees of perpendicular to the stream; cause a width of disturbance of not more than 50 feet within the buffer; and adequate erosion control measures are incorporated into the project plans and specifications and are implemented: (i) stream crossings for water lines; or (ii) stream crossings for sewer lines; 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:
a. 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
b. The buffer shall not apply to the following land-disturbing activities, provided that they occur at an angle, as measured from the point of crossing, within 25 degrees of perpendicular to the stream; cause a width of disturbance of not more than 50 feet within the buffer; and adequate erosion control measures are incorporated into the project plans and specifications and are implemented: (i) stream crossings for water lines; or (ii) stream crossings for sewer lines; and
(d) Nothing contained in this chapter shall prevent any local issuing authority from adopting rules and regulations, ordinances, or resolutions which contain stream buffer requirements that exceed the minimum requirements in subsections (b) and (c) of this section.
(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 chapter or the terms of the permit.
Sec. 5-74. 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 local 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 chapter, and other ordinances which regulate the development of land within the jurisdictional boundaries of the local issuing authority. However, the operator 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 Whitfield County without first obtaining a permit from the building, zoning, and development department office to perform such activity.
(2) The application for a permit shall be submitted to the building inspector 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 subsection (c) of this section. Soil erosion and sedimentation control plans shall conform to the provisions of section 5-73(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. All applications shall contain a certification stating that the plan preparer or the designee thereof visited the site prior to the creation of the plan or that such a visit was not required in accordance with rules and regulations established by the board.
(3) Fees will 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. In a jurisdiction that is certified pursuant to O.C.G.A. § 12-7-8(a), 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. § 12-9-17 shall be submitted in full to the division, regardless of the existence of a local issuing authority in the jurisdiction. A copy of the notice of intent submitted to the State of Georgia shall also be submitted the local issuing authority. Secondary permittees shall provide to Whitfield County a copy of any such notice of intent submitted to the State of Georgia when applying for a building permit.
(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. A district shall approve or disapprove a plan within 35 days of receipt. Failure of a 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 the local issuing authority. No permit will be issued unless the plan has been approved by the district, and any variances required by section 5-73(15) and (16) and bonding, if required as per subsection (b)(6) 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) If a permit applicant has had two or more violations of previous permits, this chapter section, or the Erosion and Sedimentation Act, as amended, within three years prior to the date of filing of the application under consideration, the local issuing authority may deny the permit application.
(6) 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 chapter 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 5-73(b) and (c). 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 chapter. 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. If full implementation of the approved plan does not provide for effective erosion control and sediment control, additional erosion and sediment control measures shall be implemented to control or treat the sediment source."
(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. After December 31, 2006, all persons involved in land development design, review, permitting, construction, monitoring, or inspection or any land-disturbing activity shall meet the education and training requirements as developed by the commission pursuant to O.C.G.A. § 12-7-20. 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 (feet) |
|
1
inch = 100 feet or larger scale |
Flat
0– 2% Rolling: 2– 8% Steep: 8%+ |
0.5
or 1 1 or 2 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 local issuing authority of a completed application, providing variances and bonding are obtained, where necessary.
(2) No permit shall be issued by the local issuing authority unless the erosion and sedimentation control plan has been approved by the district and the local issuing authority has affirmatively determined that the plan is in compliance with this chapter, any variances required by section 5-73(c)(15) and (16) are obtained, bonding requirements, if necessary, as per section 5-74(b)(5) are met and all ordinances and rules and regulations in effect within the jurisdictional boundaries of the local 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 local 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 chapter. 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.
Sec. 5-75. Inspection and enforcement.
(a) The building inspector or code enforcement officer 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. Also, the local issuing authority shall regulate both primary and secondary permittees, as such terms are defined in the state general permit. Primary permittees shall be responsible for installation and maintenance of best management practices where the primary permittee is conducting land disturbing activities. Secondary permittees shall be responsible for installation and maintenance of best management practices where the secondary permittee is conducting land-disturbing activities. 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 chapter, 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 chapter.
(b) The building inspector or other code enforcement officer shall have the power to conduct such investigations as it may reasonably deem necessary to carry out duties as prescribed in this chapter, 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 local 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 for the purpose of improving the effectiveness of the county'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 board, on or before December 31, 2003, shall promulgate rules and regulations setting forth the requirements and standards for certification and the procedures for decertification of a local issuing authority. The division may periodically review the actions of counties and municipalities which have been certified as local 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(e), 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 a local 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 a local issuing authority.
Sec. 5-76. 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 chapter 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 chapter, the director or the local 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 local 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 local 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 local 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.
(4) When a violation in the form of taking action without a permit, failure to maintain a stream buffer, or significant amounts of sediment, as determined by the local issuing authority or by the director or his or her designee, have been or are being discharged into state waters and where best management practices have not been properly designed, installed, and maintained, a stop-work order shall be issued by the local issuing authority or by the director or by his or her designee. All such stop-work orders shall be effective immediately upon issuance and shall be in effect until the necessary corrective action or mitigation has occurred. Such stop work orders shall apply to all land-disturbing activity on the site with the exception of the installation and maintenance of temporary or permanent erosion and sediment controls.
(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 chapter 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 5-74(b)(5). 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. Any person who violates any provisions of this chapter, or any permit condition or limitation established pursuant to this chapter or who negligently or intentionally fails or refuses to comply with any final or emergency order of the director issued as provided in this chapter shall be liable for a civil penalty not to exceed $2,500.00 per day. 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 chapter under county ordinances approved under this chapter 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.
Sec. 5-77. Education and certification.
After December 31, 2006, all persons involved in land development design, review, permitting, construction, monitoring, or inspection or any land-disturbing activity shall meet the education and training certification requirements, dependent upon their level of involvement with the process, as developed by the commission in consultation with the division and the stakeholder advisory board created pursuant to O.C.G.A. § 12-7-20.
Sec. 5-78. Administrative appeal/judicial review.
(a) Administrative remedies. 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 Whitfield County Board of Zoning Appeals within 30 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 de novo to the Superior Court of Whitfield County.
Sec. 5-79. Effectivity, validity, and liability.
(a) Effectivity. This chapter shall become effective on the 12th day of April, 2004.
(b) Validity. If any section, paragraph, clause, phrase, or provision of this chapter shall be adjudged invalid or held unconstitutional, such decisions shall not effect the remaining portions of this chapter.
(c) Liability.
(1) Neither the approval of a plan under the provisions of this chapter, nor the compliance with provisions of this chapter 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 chapter or the terms of the permit.
(3) No provision of this chapter shall permit any persons to violate the Georgia Soil 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 4-12-04)
Secs. 5-80– 5-89. Reserved.
ARTICLE
V.
SWIMMING POOLS
Sec. 5-90. Definitions.
As used in this article, the following terms shall have the respective meanings ascribed to them:
Issuing authority: The county building inspector's office.
Permit: The written authorization necessary to begin installation of a swimming pool.
Swimming pool: A body of water in an artificial or semiartificial receptacle or other container intended for swimming, which has a depth at some point of at least 18 inches of water.
Sec. 5-91. Enclosure around swimming pool.
(a) Every swimming pool, including existing pools, shall be completely surrounded by a fence or wall not less than four feet in height, which shall have no openings, holes or gaps larger than four inches in any dimension except for doors and gates. A dwelling house or accessory building may be used as part of such enclosure.
(b) All gates and doors shall be closed at all times when not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped. Every opening through such enclosure shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed.
(c) The issuing authority may require modifications on an individual basis, of fences, walls, gates or latches, where it may be necessary to improve safety.
Sec. 5-92. Lights, electricity and plumbing.
(a) Lights used to illuminate any swimming pools shall be so arranged and shaded as to reflect light away from adjoining premises.
(b) All electricity shall comply with the county electrical code.
(c) All plumbing shall comply with the county plumbing code.
Sec. 5-93. Interference with property rights.
(a) The pool shall be at least ten feet from the property line. All pool waste shall be contained on the owner's property.
(b) No swimming pool shall be so located, designed, operated or maintained as to interfere unduly with the enjoyment of the property rights by owners of property adjoining the swimming pool or located in the neighborhood.
Sec. 5-94. Permits and inspections.
(a) No swimming pool shall be installed without a permit being obtained through the office of the building inspector before construction of the swimming pool begins.
(b) All pools shall be inspected upon grounding and bonding of the swimming pool, and a final inspection shall be made when the pool has been completed.
(c) The fence or wall shall be constructed before final inspection will be completed on the swimming pool.
Sec. 5-95. Penalties.
(a) The failure to obtain a permit for a swimming pool shall subject the contractor to revocation of such contractor's business license, work permit or other authorization for the conduct of business and associated work activities within the jurisdictional boundaries of the issuing authority.
(b) Upon written notice from the issuing authority, work on any project that is being done contrary to the provisions of this article or in a dangerous or unsafe manner shall be immediately halted.
(c) In addition all violators of this article shall be subject to punishment as provided in section 1-8.
(Ord. of 6-9-87, § 7)
Secs. 5-96– 5-99. Reserved.
ARTICLE VI.
BUILDING SETBACK LINES FOR NONSUBDIVISION PROPERTY*
------------
Editor's note: An ordinance adopted Jan. 10, 1989, added art. VI, §§ 5-96– 5-103. In order to maintain the style of numbering, the editor has redesignated the provisions §§ 5-100– 5-107.
Sec. 5-100. Definitions.
For the purpose of this article, the following terms shall have the respective meanings ascribed to them:
Building line: A line beyond which no foundation wall or part of the structure of any building shall project, with the exception of roof overhang and the subsurface projection of footings.
Lot: A portion of real property of any size or shape intended as a unit for transfer of ownership or for development or both. The word "lot" included the words "plot" or "parcel" for purposes of this article. Any portion of real property which is subject to the requirements set forth in chapter 15 of this Code of Ordinances shall be exempt from the requirements of this article.
Sec. 5-101. Jurisdiction.
This article shall govern all land within the unincorporated area of the county, with the exception of any subdivided land which is subdivided pursuant to the requirements of chapter 15 of this Code of Ordinances, said land to be exempt from the requirements of this article.
Sec. 5-102. Violation– Penalty.
Any violation of any provision of this article shall be punishable as provided in section 1-8.
Sec. 5-103. Same– County empowered to sue.
Whenever it shall come to the attention of the county that any provision of this chapter has been or is being violated, the county may immediately institute suit and prosecute the same to final judgment.
Sec. 5-104. Conflict with other laws.
Whenever the provisions of this article impose more restrictive standards than are required in or under any other statute, ordinance or resolution, the regulations herein shall prevail. Whenever the provisions of any other statute, ordinance or resolution require more restrictive standards than are required herein, the requirements of such other regulation shall prevail.
Sec. 5-105. Building lines.
Building setback lines shall be at least 25 feet from the front property line on lots abutting any street or road. If the lot abuts more than one street or road, the building setback line shall be at least 25 feet from the front property line as to all of the streets or roads. Setback lines shall be at least ten feet from the side property line or lines and the back property line of all lots.
(Ord. of 1-12-89)
Secs. 5-106, 5-107. Reserved.
Editor's note: Sections 5-106, 5-107, relating to appeals and variances, derived from an ordinance adopted Jan. 10, 1989, was repealed by an ordinance adopted Apr. 11, 1989. See § 5-9 et seq.
Secs. 5-108, 5-109. Reserved.
ARTICLE
VII.
RESERVED*
------------
Editor's note: Section 2 of an ordinance adopted Sept. 13, 2004, repealed Art. VII, Interstate Signs, in its entirety. Former Art. VII derived from an ordinance adopted June 13, 1989.
------------
Secs. 5-110– 5-112. Reserved.
ARTICLE VIII.
WATER CONSERVATION RESTRICTIONS
Sec. 5-113. Definitions.
Commercial: Any type of building other than residential.
Construction: The erection of a new building or the alteration of an existing building in connection with its repair or renovation or in connection with making an addition to an existing building, and shall include the replacement of a malfunctioning, unserviceable or obsolete faucet, showerhead, toilet or urinal in an existing building.
Residential: Any building or unit of a building intended for occupancy as a dwelling but shall not include a hotel or motel.
Sec. 5-114. Construction of residential buildings.
On or after April 1, 1992, no construction may be initiated within the unincorporated areas of the county for any residential building of any type which:
(1) Employs a gravity tank-type, flushometer-valve, or flushometer-tank toilet that uses more than an average of 1.6 gallons of water per flush; however, this paragraph shall not be applicable to one-piece toilets until July 1, 1992;
(2) Employs a shower head that allows a flow or more than an average of 2 1/2 gallons of water per minute at 60 pounds per square inch of pressure;
(3) Employs a urinal that uses more than an average of one gallon of water per flush;
(4) Employs a lavatory faucet or lavatory replacement aerator that allows a flow of more than two gallons of water per minute; or
(5) Employs a kitchen faucet or kitchen replacement aerator that allows a flow of more than 2 1/2 gallons of water per minute.
Sec. 5-115. Construction of commercial buildings.
On or after July 1, 1992, there shall be no construction of any commercial building initiated within the unincorporated areas of Whitfield County for any commercial building of any type which does not meet the requirements of subsections (1) through (5) of section 5-114.
Sec. 5-116. Repair or renovation of buildings.
The requirements of section 5-114 shall apply to any residential construction initiated after April 1, 1992, and to any commercial construction initiated after July 1, 1992, which involves the repair or renovation of or addition to any existing building when such repair or renovation of or addition to such existing building includes replacement of toilets or showers or both.
Sec. 5-117. Exemptions.
(a) New construction and the repair or renovation of an existing building shall be exempt from the requirements of sections 5-114, 5-115 and 5-116 when:
(1) The repair or renovation of the existing building does not include the replacement of the plumbing or sewage system servicing toilets, faucets or showerheads within such existing buildings; or
(2) Such plumbing or sewage system within such existing building, because of its capacity, design or installation, would not function properly if the toilets, faucets or showerheads required by this article were installed; or
(3) Such system is a well or gravity flow from a spring and is owned privately by an individual for use in such individual's personal residence; or
(4) Units to be installed are:
a. Specifically designed for use by the handicapped;
b. Specifically designed to withstand unusual abuse or installation in a penal institution; or
c. Toilets for juveniles.
(b) The owner, or his agent, of a building undergoing new construction or repair or renovation who is entitled to an exemption as specified in subsection (a)(2), (3) or (4) of this section shall obtain the exemption by applying at the office of the county building inspector. A fee of $30.00 shall be charged for the inspection and issuance of such exemption.
Sec. 5-118. Enforcement; penalty.
This article shall be enforced by the office of the county building inspector. Citations for violations may be issued by the chief building inspector of the county.
Any person, corporation, partnership or other entity violating this article shall be tried before the county magistrate. Upon conviction, a violation of this article may be punished by a fine not to exceed $500.00 or imprisonment not to exceed 60 days, or both.
Sec. 5-119. Reserved.
ARTICLE IX.
MANUFACTURED HOUSING
Sec. 5-120. Conflict with other regulations.
(a) Whenever the regulations of this article require a greater width of size of yards, courts, or other open space, or impose other restrictive standards than are required in or under any other statutes or ordinances, the regulations and requirements of this article shall govern.
(b) Whenever the provisions of any other statute or ordinance require more restrictive standards than are required by this article, the provisions of such statute or ordinance shall govern.
(c) The issuance of a decal under the provisions of this article shall in no way be construed as waiving or superseding the zoning requirements for the location or relocation of manufactured homes.
(d) No person shall initially locate any manufactured home or relocate any manufactured home within the county without having obtained a current year decal from the office of the tax commissioner.
Sec. 5-121. Variance/appeals.
All appeals from any decision of any authorized representative of the Whitfield County Building, Zoning, and Development Department relating to any requirement of this article shall be heard by the Whitfield County Board of Zoning Appeals upon such procedures as set forth in the by-laws of the Whitfield County Board of Zoning Appeals, the provisions of which are incorporated herein by this reference. Said board of zoning appeals shall be empowered to grant variances where appropriate, upon the conditions therefore set forth in such board's by-laws.
Sec. 5-122. Exemption of campers and travel trailers.
Campers, recreational vehicles, and travel trailers are not permitted as permanent dwellings and as such are not required to conform to this article. Campers, recreational vehicles, and/or travel trailers may be occupied for living purposes only within the boundary of an approved recreational vehicle park.
Sec. 5-123. Storage outside of collapsible camping trailers.
Collapsible camping trailers, when stored outside of a carport or a garage, shall be stored in their collapsed condition.
Sec. 5-124. Manufactured homes– Requirements.
No mobile home nor manufactured home manufactured or built on or before June 15, 1976, shall be set up for living purposes within Whitfield County.
(1) There shall be available to the manufactured home a sewer service line at least three inches in diameter, which shall be connected to receive the waste from the shower, bathtub, flush toilet, lavatory, and kitchen sink of the manufactured home meeting the minimum requirements of the county building and plumbing codes. The sewer service line shall be connected to discharge the waste into:
a. The public sanitary sewer system; or
b. A permanent septic tank or private sewer or disposal plant that meets the requirements of the county health department.
(2) An adequate supply of pure water for drinking and domestic purposes shall be available for connection to such manufactured homes within the site boundaries that meet the requirements of the county health department.
(3) The chassis of the manufactured home shall be supported on an adequate masonry foundation, as required by the building codes adopted by the county.
(4) The manufactured home shall be appropriately anchored to meet minimum requirements of the county building code.
(5) All manufactured homes, whether new, pre-owned, or moved from one (1) location to another, shall be subject to the following inspections:
(a) Pre-inspection. Prior to the issuance of a manufactured home permit by the building inspector, the applicant shall allow the home to be inspected by the building inspector, or his designee, to determine if minimum standards for condition and utilities are present.
(i) New manufactured homes shall be exempt from pre-inspection.
(b)
(c) Setup Inspection. The anchoring and foundation of the manufactured home, and all utility connections underneath the home shall be inspected.
(d) Power Inspection. The electrical panel inside the manufactured home and the meter base outside the home shall be inspected prior to energizing the home.
(e) Final Inspection. The manufactured home shall be inspected for finished electrical, plumbing, heating, smoke detectors, underpinning, ingress/egress, and other finished construction prior to the issuance of a Certificate of Occupancy.
(Res. of 12-15-08)
Sec. 5-125. Same– Existing mobile/manufactured homes.
(a) After the effective date of the ordinance from which this article is derived, any existing mobile/manufactured home on an individual lot may be continued and maintained although it does not conform to the regulations of section 5-124.
(b) No existing mobile/manufactured home on an individual lot shall be relocated to another site or lot vacated by an existing mobile/manufactured home unless such relocation or placement complies with this article.
Sec. 5-126. Storage of mobile/manufactured homes.
Mobile/manufactured homes, not including travel trailers, may be stored only in approved manufactured home parks and conforming manufactured home sales lots or within the confines of a building (warehouse).
Sec. 5-127. Setting up manufactured homes.
Every
manufactured home set up shall abide by the installation standards and
requirements set forth at Chapter 120-3-7 of
Rules and Regulations of the Office of Commissioner of Insurance, Safety Fire
Division, as amended from time to time, which are incorporated herewith by
this reference, and as authorized by O.C.G.A. §8-2-132 et seq.
(Res. of 12-15-08)
Sec. 5-128. Decal required.
(a) All persons owning a mobile/manufactured home based in the county on January 1 of each year shall obtain from the tax commissioner a decal before the first day of May of each year, as provided in O.C.G.A. § 48-5-493. This requirement pertains to all mobile/manufactured homes, including those exempt from taxation by homestead exemption or other provisions of state law.
(b) Such decals shall be affixed to the mobile/manufactured homes in such manner as to cause them to be easily visible for inspection.
(c) Owners of manufactured homes locating in the county after January 1 of any year shall be required to report their manufactured homes to the office of the tax commissioner within ten working days.
(d) The building inspector of the county shall not allow the location or relocation of a manufactured home within the county without a current year decal.
Sec. 5-129. Penalty.
Pursuant to O.C.G.A. § 36-1-20(b), any person violating any provision hereof shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not to exceed $1,000.00, or by imprisonment in the county jail for not more than 60 days, or both.
Sec. 5-130. Enforcement.
Prosecutions for violations of this article may be instituted upon uniform citation which may be issued by any deputized representative of the county sheriff's department or by any authorized county code enforcement officer, or by accusation filed by the county attorney.
(Ord. of 9-13-04, § 3)
Secs. 5-131– 5-139. Reserved.
DIVISION 2.
MANUFACTURED HOME PARKS
Sec. 5-140. Application for permission to develop or maintain.
(a) It shall be unlawful for any person to develop or maintain a manufactured home park in the county unless it is duly permitted and pursuant to the provisions of this section.
(b) The planning commission may recommend approval of a planned manufactured home park when all conditions precedent to this article have been met.
(c) Six copies of the proposed manufactured home park plan and all supporting data shall be filed with the planning commission at least two weeks prior to a regular meeting of the planning commission. The plan shall be in writing, and it shall include the following information:
(1) Existing conditions:
a. The name, mailing address, and phone number of the person to be notified of action.
b. Name of the proposed manufactured home park.
c. Location map for the project.
d. Graphic scale, north point, and date; the north point shall be identified as magnetic or true north; the plan shall be drawn at a scale of one inch equals not more than 100 feet.
e. Boundaries of the property (metes and bounds) intended for the manufactured home park; total acreage of tract; total acreage to be developed (if different).
f. Location and right-of-way of existing roads, railroads, and utility lines on or adjacent to the property; plus the location of existing buildings or other structures.
g. Location of streams, lakes, swamps, and land subject to flooding as determined by past history or the best available flood data.
h. All data to be shown on a topographic map with contour intervals of not more than five feet.
(2) Proposed conditions:
a. Scaled dimensions for all proposed lots, including setback lines.
b. The street layout with dimensions; show the proposed nonduplicating name of each street.
c. The width and purpose of all proposed utility or drainage easements; locations and size of drainage mechanisms; size of drainage area.
d. Location of all street lights.
e. Reference or show methodology for solid waste collection.
f. Reference or show the location and type of buffer, if planned for installation.
g. Any other information reasonably requested by the planning commission to determine the requirements; the effect which the proposed park may have on its environment; and the compatibility of the adjacent area for park development.
Sec. 5-141. Dimensional and site development requirements (manufactured home park plan).
The manufactured home park plan shall show or propose all requirements listed in this article, and, in addition, all such requirements shall be complied with before a certificate of occupancy may be issued.
Sec. 5-142. Minimum number of manufactured home spaces.
No park shall be permitted with less than five spaces.
Sec. 5-143. Required lot (manufactured home space) area.
For each manufactured home, there shall be provided a minimum lot area and minimum lot width as set forth in section 3-4-15 of the Whitfield County Subdivision Regulations.
Sec. 5-144. Yard requirements.
(a) There shall be at least a 20-foot side yard and a 20-foot clearance between manufactured homes, including manufactured homes parked end to end.
(b) No manufactured home shall be located closer than 20 feet to any building or street within the park or within 25 feet of any exterior public street, or within 25 feet of any boundary line of the park.
Sec. 5-145. Drainage.
The park shall be located on a well-drained and properly graded site. Necessary site drainage improvements as approved by the county shall be provided.
Sec. 5-146. Interior streets and drives.
All manufactured home parks shall contain a street system designed to provide convenient circulation within the park, and shall have unobstructed access to a public street or highway in accordance with requirements of the county. The following requirements shall apply to the development of a park's street system:
(1) All park streets shall be provided with a smooth, graveled all-weather surface having a minimum width of 22 feet which shall be durable and well drained under normal weather conditions;
(2) All park streets shall be maintained in a state of good repair at all times by the park owner;
(3) Street base and surface construction materials shall be as required by the county's street and road standards. Written approval of the street system by the county engineer shall be required before the first manufactured home building permit will be issued.
Sec. 5-147. Off-drive parking.
Each manufactured home space shall be provided with at least two off-drive parking spaces, dust-free and adequately marked.
Sec. 5-148. Signs.
The following nonflashing and nonanimated signs are permitted under the conditions specified:
(1) Park identification sign: One park identification sign shall be permitted not to exceed 24 square feet in area for the purpose of denoting the name of the manufactured home park.
(2) Manufactured home identification sign: One manufactured home identification sign not exceeding one square foot in area shall be permitted for each manufactured home. Such sign shall indicate only the name and address of the occupant of the manufactured home.
(3) Visibility interference: No sign shall be located so as to impede vehicular visibility at any intersection of street lines with one another or the edge of driveways with street lines.
Sec. 5-149. Improvements to manufactured homes and manufactured home spaces.
(a) No permanent addition of any kind shall be built onto or become a part of any manufactured home with the exception of awnings and porches as long as yard requirements are met unless such conditions comply with building code requirements in effect in the county.
(b) Each space shall contain a permanent manufactured home stand constructed of a suitable subgrade material to support the manufactured home. The chassis of each manufactured home shall be supported on an adequate masonry foundation. Such masonry foundation shall meet the minimum requirements of the county building code.
Sec. 5-150. Special conditions and safeguards.
In recommending approval of any planned manufactured home park, the planning commission may attach special conditions and safeguards to protect both the occupants of the park and the occupants of surrounding property, including such matters as protection against noise, lights, dust, and fire. Where required to service these ends, walls, plantings, surfacing, or other natural or artificial means for protection may reasonably be required as a part of such special conditions on which the recommendation for approval of a manufactured home park is based. Failure to meet such conditions shall be grounds for refusal of issuance of a certificate of occupancy.
Sec. 5-151. Sanitation facilities of manufactured homes.
No manufactured home which does not contain a built-in bathroom with water closet, lavatory and shower or tub which are in working condition shall be placed in a planned manufactured home park.
Sec. 5-152. Water, sewage, and electricity.
Each manufactured home space shall be provided with, and each manufactured home connected to, a central sanitary sewerage or individual disposal system that is approved by the appropriate state or local authority. The availability and adequacy of public water shall be confirmed by Dalton Utilities and/or any other agency having jurisdiction.
If individual wells are used, then construction standards shall meet the requirements of the Georgia DNR, Environmental Protection Division. If a single well is proposed to serve or serves 15 or more taps or 25 or more persons, then such individual well must also meet the standards for a community water system as required by the Georgia DNR, Environmental Protection Division. Electrical outlets or hookups shall be provided as specified by the county building inspector.
Sec. 5-153. Lighting.
All interior drives and walkways within the manufactured home park shall be lighted at night with one hundred-watt (high-pressure sodium) or equivalent electric lamps. The first lamp shall be placed not more than 100 feet within the park, and each lamp thereafter shall be spaced at an interval of not more than 200 feet, using side lot lines when possible.
Sec. 5-154. Refuse collection facilities.
Each manufactured home park shall be provided with a sanitary method of solid waste collection and disposal meeting the requirements of the county and state. Collection facilities shall either be in the form of bulk containers (dumpsters) of sufficient size and adequately distributed throughout the park to meet the needs of the park residents, or at least two individual covered refuse containers having a capacity of 30 gallons or less for each occupied mobile manufactured home space. If individual containers are utilized, stands must be provided to hold the refuse containers upright. Collection service shall be provided at least once weekly and conveyed to the nearest approved sanitary landfill.
Sec. 5-155. Service buildings.
Service buildings such as shelters, restrooms, management offices and storage facilities are permitted in each manufactured home park and are subject to the following requirements:
(1) Such buildings and their parking areas shall not occupy more than ten percent of the gross land area of the park;
(2) All service buildings shall be required to conform to the county building, plumbing and electrical codes adopted by the county.
Sec. 5-156. Existing manufactured home parks.
Manufactured home parks existing on the effective date of the ordinance from which this article is derived may be contained and maintained except that each shall not be enlarged or expanded unless such enlargement or expansion is in full compliance with this article.
Sec. 5-157. Development compliance.
(a) At least 100 percent of each phase of all planned spaces, as well as all streets, utilities, and other required improvements necessary to serve them pursuant to this article shall be completely constructed according to the manufactured home park plan approved by the planning commission before the first manufactured home building permit will be issued.
(b) Failure of the developer or applicant to construct this minimum phase within two years after approval by the planning commission shall cause such approval to expire.
Sec. 5-158. Inspection.
(a) The building inspector is hereby authorized and directed to make inspections to determine the condition of manufactured home parks located within the county, in order that such inspector may perform the duty of safeguarding the health and safety of occupants of manufactured home parks and of the general public.
(b) The building inspector shall have the power to enter at reasonable times upon any private or public property for the purpose of inspecting and investigating conditions relating to the enforcement of this article.
(c) The building inspector shall have the power to inspect the register containing a record of all manufactured homes and occupants using the manufactured home park.
(d) It shall be the duty of the owners or occupants of manufactured home parks, or of the person in charge thereof, to give the building inspector free access to such premises at reasonable times for the purpose of inspection.
(e) It shall be the duty of every occupant of a manufactured home park to give the owner thereof, or the owner's agent or employee, access to any part of such manufactured home park or its premises at reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with this article or with any lawful order issued pursuant to the provisions of this article.