Chapter 14
SITE DESIGN
Article I. In General
Sec. 14-1. Short title.
Sec. 14-2. Authority, intent, and purposes.
Sec. 14-3. Jurisdiction.
Sec. 14-4. Site development permit.
Sec. 14-5. Maintenance.
Sec. 14-6. Interpretation, conflict, and severability.
Sec. 14-7. Fees.
Sec. 14-8. Administration, enforcement, and penalties.
Sec. 14-9. Variance/appeals.
Secs. 14-10– 14-20. Reserved.
Article II. Permits and Procedures
Sec. 14-21. Plan review.
Sec. 14-22. Dedicated public improvements.
Sec. 14-23. Other permits.
Sec. 14-24. Construction record drawings of public improvements.
Sec. 14-25. Inspections.
Sec. 14-26. Acceptance by county.
Sec. 14-27. Duration of permit.
Sec. 14-28. Permit provisions.
Sec. 14-29. Activities requiring site development permit.
Sec. 14-30. Application and construction plan.
Sec. 14-31. Application review.
Secs. 14-32– 14-35. Reserved.
Article III. Design Considerations
Sec. 14-36. General design principles.
Sec. 14-37. Design principles for roads within non-residential developments.
Sec. 14-38. General land suitability for development.
Sec. 14-39. Easement standards.
Sec. 14-40. Utility easements.
Sec. 14-41. Storm drainage easements.
Sec. 14-42. Site plans.
Secs. 14-43– 14-45. Reserved.
Article IV. Road Standards
Sec. 14-46. Dot standards adopted.
Sec. 14-47. Dead-end road design.
Sec. 14-48. Road names.
Sec. 14-49. Minimum right-of-way and pavement widths.
Sec. 14-50. Minimum road sections and speed design.
Sec. 14-51. Pavement standards.
Sec. 14-52. Cul-de-sac design.
Sec. 14-53. Special roads.
Sec. 14-54. Widening.
Sec. 14-55. Improvements along state and federal highways.
Sec. 14-56. Improvements along railroad rights-of-way.
Sec. 14-57. Bridges.
Sec. 14-58. Intersection design.
Sec. 14-59. Roadway safety requirements.
Sec. 14-60. Road name and traffic signs.
Article V. Utilities
Sec. 14-61. Placement.
Sec. 14-62. Location of water mains.
Sec. 14-63. Fire hydrants and fire flow.
Sec. 14-64. Sanitary sewer.
Sec. 14-65. Wellhead protection areas.
Secs. 14-66– 14-70. Reserved.
Article VI. Stormwater Management
Sec. 14-71. Purpose of the article.
Sec. 14-72. Definitions.
Sec. 14-73. Applicability.
Sec. 14-74. Stormwater local design manual.
Sec. 14-75. Exemption from requirements.
Sec. 14-76. Requirements for stormwater management plan.
Sec. 14-77. Permit procedures and requirements.
Sec. 14-78. Post-development stormwater management performance criteria.
Sec. 14-79. Maintenance of facilities.
Sec. 14-80. Maintenance of pre-existing stormwater facilities.
Sec. 14-81. Inspection.
Secs. 14-82– 14-85. Reserved.
Article VII. Miscellaneous
Sec. 14-86. Vegetation on rights-of-way.
Sec. 14-87. Commercial driveways.
Sec. 14-88. Commercial parking design.
ARTICLE I. Sec. 14-1. Short title.
This article shall be known and may be cited as the Whitfield County Site Design Ordinance.
(Res. of 6-9-03, § 1-1)
Sec. 14-2. Authority, intent, and purposes.
(1) Authority. This article is adopted pursuant to the authority delegated to Whitfield County pursuant to the Georgia Constitution of 1983, as amended, and the Georgia Planning Act of 1989, as amended.
(2) Intent that article shall apply to single parcels and subdivisions of property. it is the intent of this chapter that it will apply to and provide guidance for the development of lands within the unincorporated limits of Whitfield County, whether the development involves any subdivision of land or construction and/or other improvements upon a single parcel. Any site development must comply with this article. All site development constructed hereafter, all uses of land or buildings established hereafter, all site alterations of existing developed areas occurring hereafter, and all site enlargements of or additions to existing uses occurring hereafter shall be subject to the provisions of this article.
(3) Purposes. The standards contained herein are enacted for the following purposes:
a. To encourage economically sound and stable land development;
b. To assure the adequate provision of required roads, parking, utilities, and other facilities and services to land developments;
c. To assure the adequate provision of safe and convenient traffic access and circulation, both vehicular and pedestrian, within land developments;
d. To assure the impacts of developments do not cause undue harm to existing developments and citizenry;
e. To promote the goals, objectives, and policies of the Joint Comprehensive Plan for Whitfield County and the Cities of Cohutta, Dalton, Tunnel Hill and Varnell.
f. The purposes of appropriate site design is to promote the health, welfare, and safety of the public; to create a functional and aesthetically pleasing development; to minimize adverse impacts; and to ensure that projects will be designed to result in a well-planned community without adding unnecessarily to development costs.
(Res. of 6-9-03, § 1-2)
Sec. 14-3. Jurisdiction.
(1) The provisions in this chapter shall be applicable within the unincorporated portions of Whitfield County, Georgia.
(2) When necessary to further its purposes, this chapter may be amended from time to time by Whitfield County Board of Commissioners.
(3) This article shall be in full force and effective July 1, 2003, following adoption by Whitfield County and shall apply to any development for which the first submittal of development plans is received after the effective date of this article.
(Res. of 6-9-03, § 1-3)
Sec. 14-4. Site development permit.
(1) Site development permits shall be required for all site development, wherein any structure is constructed, erected, converted, enlarged, restructured, moved, or structurally altered, as set forth in section 14-29 herein below.
(2) No site development permit shall be issued for any development which is then in violation of any Whitfield County ordinance, whether or not such violation(s) concern the proposed permit area, unless the site development permit is for the remediation, in whole or part, of said violation(s).
(3) If a site development permit is required hereunder, then no permit, including, but not limited to, building permit, erosion and sedimentation control permit, and sign permit, shall be issued for any proposed development, redevelopment, structure, building, or land alteration upon any lot or parcel until a site development permit is issued.
(Res. of 6-9-03, § 1-4)
Sec. 14-5. Maintenance.
The responsibility for maintenance of any required constructed elements shall remain with the owner of the property, unless specifically deeded to the county and unless Whitfield County has accepted the maintenance of the same in a public meeting. Maintenance is required to ensure the proper functioning of said constructed elements.
(Res. of 6-9-03, § 1-5)
Sec. 14-6. Interpretation, conflict, and severability.
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 ordinance 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. 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 Whitfield County in adopting this article is that no portion hereof or provision of the four 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.
(Res. of 6-9-03, § 1-6)
Sec. 14-7. Fees.
The schedule of fees for site development plan review, appeals, waivers, reinspections, and other items are on file in the Whitfield County Building, Zoning and Development Department and may be altered or amended from time-to-time by Whitfield County to help defray the costs of the administration of this article. A schedule of permit fees, which may be amended from time to time, is attached hereto as Appendix "A" and incorporated herein by this reference. Development plan review fees shall be paid at the time development plans are submitted for review. The fee shall be paid each and every odd number time (1st, 3rd, 5th, etc) development plans or parts thereof are submitted or resubmitted.
(Res. of 6-9-03, § 1-7)
Sec. 14-8. Administration, enforcement, and penalties.
(1) The Whitfield County Engineer or his or her designee, as set forth in section 5-2 of the Whitfield County Building Ordinance, shall be the general administrative, interpretive, and enforcement officer of this article. In the enforcement of this ordinance, the Whitfield County Engineer may delegate certain enforcement authority to other Whitfield County employees.
(2) 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.
(3) In any case in which activities are undertaken in violation of this article, not in compliance with the provisions of a permit issued by Whitfield County, or without authorization of a permit which would otherwise be required, the Whitfield County Engineer is hereby authorized to order that all unauthorized or improper work be stopped, direct correction of deficiencies, or take any other legal or administrative action commensurate with the severity of the violation and degree of threat to the public health, safety and welfare.
(4) Pursuant to OCGA § 36-1-20(b), any person violating any provision of this ordinance 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.
(5) Whitfield County Magistrate Court shall have original jurisdiction upon any offense charged pursuant to this ordinance unless removed to Whitfield County Superior Court for a jury trial pursuant to OCGA § 15-10-61.
(6) In any circumstance in which any site development 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.
(Res. of 6-9-03, § 1-8)
Sec. 14-9. Variance/appeals.
(1) It is the intent of this article that the interpretation and enforcement of this article shall first be presented to the Whitfield County Engineer or his or her designee and that any such interpretation or proposed enforcement shall be presented to the Whitfield County Board of Zoning appeals only upon appeal from the determination of the Whitfield County Engineer.
(2) All variance requests from the requirements 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.
(Res. of 6-9-03, § 1-9)
Secs. 14-10– 14-20. Reserved.
ARTICLE II. Sec. 14-21. Plan review.
Any developer of land within unincorporated Whitfield County shall first submit to the building, zoning and development department such plans, plats, or construction drawings as may be required by this article or otherwise, and receive approval therefor prior to the initiation of development activities. Approval of plans, plats, or construction drawings by Whitfield County shall neither imply nor transfer acceptance of responsibility for the application of the principles of engineering, surveying, architecture, landscape architecture, or any other profession, from the professional corporation or individual under whose hand or supervision the plans, plats, or construction drawings were prepared and sealed.
(Res. of 6-9-03, § 2-1)
Sec. 14-22. Dedicated public improvements.
Any public improvements dedicated to Whitfield County, together with associated rights-of-way, easements, and other lands shall be provided at no cost to Whitfield County and shall be dedicated or otherwise transferred, as required, to the public in perpetuity and without covenant or reservation, and accepted by Whitfield County in a public meeting.
(Res. of 6-9-03, § 2-2)
Sec. 14-23. Other permits.
Nothing in this article shall impose any obligation upon Whitfield County to obtain or to assist in obtaining permits or approvals from other local, state or federal agencies having jurisdiction over elements of a project. It is solely the permit holder's responsibility to obtain all such required permits or approvals. The permit holder shall furnish Whitfield County with all copies of the same as necessary for approval for any county permits. Any additional permits, approvals, and/or clearances obtained during the course of the project work shall be provided to the county when requesting final approval or acceptance of the work.
(Res. of 6-9-03, § 2-3)
Sec. 14-24. Construction record drawings of public improvements.
At the completion of public improvements and before any dedication to Whitfield County, the permit holder shall furnish one printed copy and one electronic copy of the construction record drawings to the building, zoning and development department. The record drawings shall be made from the approved development drawings revised to reflect actual construction.
(Res. of 6-9-03, § 2-4)
Sec. 14-25. Inspections.
(1) The county engineer may periodically, during working hours between 7:00 a.m. and 5:00 p.m., Monday through Friday, exclusive of holidays, inspect the sites for which permits have been issued to determine if the activities thereon are in accordance with the plan and if the measures required in the plan are effective.
(2) The following types of construction are required to be inspected:
a. Grading and storm drainage;
b. Water and sewer line construction;
c. Curb construction;
d. Base and paving construction;
e. Driveway construction;
f. Buffers required by other ordinances;
g. Initial installation of the following erosion control best management practices (BMP):
1. Construction exit;
2. Sediment basin;
3. Sediment trap;
4. Silt fence;
5. Any other BMP's as specified in the permit.
h. Any construction in existing county rights-of-way, and
i. Any additional inspections required at the time of permit issuance.
(3) Each type of construction identified above shall be inspected at the time of its completion. In addition, each phase of construction shall be inspected before it is covered, built over, or otherwise hidden for inspection purposes by subsequent work.
(4) When an inspection for approval is requested, the permit holder or his agent shall notify the building, zoning, and development department not less than 24 hours in advance of the work, during the hours of 7:30 a.m. to 4:30 p.m., Monday through Friday, exclusive of holidays.
(5) The permit holder is fully responsible for any and all construction work. The county engineer may require any un-inspected work which is required to be inspected to be uncovered for inspection at the sole expense of the applicant. The county shall in no way be liable for any cost or damages arising from or in way associated with any delay or inconvenience associated with any work, delay or inconvenience caused by uncovering un-inspected work.
(6) After any inspection, the county engineer reserves the right to require modifications or corrections if said work does not meet the requirements of this ordinance and the permitted plans.
(Res. of 6-9-03, § 2-5)
Sec. 14-26. Acceptance by county.
(1) When construction has been completed, the applicant shall notify the county engineer, in writing, and certify that all construction has been completed in accordance with the approved construction plans and applicable county requirements.
(2) The permit holder shall provide a surety for maintenance prior to final approval as set forth in the Whitfield County Subdivision Regulations.
(3) If a permit or approval from other authorities, governmental bodies or entities was required, then a final approval or acceptance notice of the construction is required by such other entity prior to final acceptance by Whitfield County.
(Res. of 6-9-03, § 2-6)
Sec. 14-27. Duration of permit.
(1) Construction work authorized by an approved permit shall be completed within 12 months following approval of the permit. Permitted work not completed within 12 months may be officially extended for additional six-month increments.
(2) If construction has not commenced within one year of the issuance of a permit, such permit shall expire, unless extended in writing by the Whitfield County Engineer. If such approval expires, then new construction plans must be submitted in accordance with then-current regulations.
(Res. of 6-9-03, § 2-7)
Sec. 14-28. Permit provisions.
(1) The provisions of any permit granted shall be construed as regulatory and not as contractual. No inherent or related right or privilege belonging to any abutting property owner is affected, interfered with or abridged by these standards or by any permit issued thereunder, nor is the county responsible for any damage claim which may arise between the applicant and any adjacent property owner.
(2) Any permit may be suspended, revoked, or modified by the county engineer, as to all or any portion of the land affected by the approved plan, upon finding that the holder or successor in the title is not in compliance with the approved plan or that the holder or his successor in title is in violation of this article. A holder of a permit shall notify any successor in title as to all or any portion of the land affected by the approved plan of the conditions contained in the permit.
(3) If the development is to be developed in phases, than a separate permit shall be required for each phase.
(4) No construction or other improvement as an exercise of the permit shall be relocated or its dimensions altered without the written permission of the county engineer.
(Res. of 6-9-03, § 2-8)
Sec. 14-29. Activities requiring site development permit.
Any subdivision containing 60 or more lots, or any individual site with a planned disturbance of ten or more acres.
IN GENERAL
PERMITS AND PROCEDURES
| Submittal Type | |||
| Subdivision | Individual Site | ||
| (a) | Approved preliminary plat | required | n/a |
| (b) | Traffic impact study | if 60 or more lots Unless specifically waived by the Whitfield County Board of Zoning Appeals or Whitfield County Board of Commissioners | if a DRI |
| (c) | Erosion and sedimentation control plan required | required | required |
| (d) | Utility plan (sub.to approval by utility provider) required | required | required |
| (e) | Plan and profile of roadways | if constructing | if constructing |
| (f) | Water line plan | if constructing | if constructing |
| (g) | Plan and profile of sanitary sewer | if constructing | if constructing |
| (h) | Stormwater management plan required | required | required |
| (i) | Construction details (Covers anything to be constructed) | required | required |
| (j) | Overall watershed drainage | required | required |
| (k) | GA DOT approval (if on controlled road) | required | required |
| (l) | EPD approval (if required) | required at final | required at final |
| (m) | Delineate 100-year flood plain required | required | required |
| (n) | Flood damage prevention measures plan | If construction is within the areas of special flood hazard | |
| (o) | Any specifics required for design which are stated elsewhere in this article are required to be shown on plans | ||
NOTES:
1. For a utility company plan submittal:
a. Information and plans from a utility company shall be limited to small drawings depicting location, scope, limits of work and time schedule for completion;
b. Plans do not require a professional engineer's seal and signature;
c. This submittal is to be used only by cable, telephone, power and the similar companies;
d. Two sets of the application and associated information are required.
2. A "Traffic Impact study" is required and shall be signed and sealed by a Georgia licensed professional engineer whose primary business is traffic engineering.
3. A "Water Line Plan" and "Plan and Profile of Sanitary Sewer" to be signed and sealed by a Georgia licensed professional engineer.
(3) The applicant shall submit with the application a plan which complies with this ordinance. Data relative to the requested permit will be furnished by the applicant without cost to the county.
(4) It shall be a violation of this ordinance knowingly to submit any application or plan containing false statements or information.
(Res. of 6-9-03, § 2-10; Res. of 7-10-06)
Sec. 14-31. Application review.
(1) The applicant shall submit the required copies of the application, construction drawings and engineering studies (such as drainage analysis and traffic studies.)
(2) A certification from an engineer or surveyor certifying that the plans meet or exceed the standards and specifications of Whitfield County must accompany the plans. The presence of a valid stamp and signature of an engineer or surveyor on said plans shall be prima facie evidence of such certification.
(3) The county engineer will distribute copies of the construction plans to and coordinate with any reviewing personnel or departments, such as the building, zoning and development department, utility companies, and/or the fire department. The reviewing entities shall review the plans for compliance with their regulations and standards.
(4) Permit applications shall be approved or denied as soon as practicable, but in any event, not later than 30 days after receipt of a completed application and supporting plans and documentation, as set forth herein.
(5) If a permit application is denied, the reasons for denial shall be stated in writing to the applicant. A re-submittal of a denied application shall constitute a new application.
(Res. of 6-9-03, § 2-11)
Secs. 14-32– 14-35. Reserved.
ARTICLE III. Sec. 14-36. General design principles.
(1) The Joint Comprehensive Plan for Whitfield County shall be used as a guide and reference in the preparation of plans for the development of land including the arrangement, character, extent, width, grade, and location of all streets, crosswalks, easements, sites for parks, playgrounds, and schools or other land to be dedicated for public use. Approval of the design of a proposed development shall be considered upon the basis of its relation to existing and platted roads, reasonable circulation of traffic within the development and adjacent land, topographic conditions, run-off of storm water, public convenience and safety, and appropriate relation to the proposed land uses of the areas to be served.
(2) The size and shape of the land to be developed shall be sufficient and proper for land planning purposes and suitable in area and dimensions for the uses intended.
(3) The design of every development should conserve, wherever possible, isolated mature trees, wooded areas, water courses, scenic views, ponds, floodplain areas, historical landmarks, and other features of the property, which if preserved, would add to the attractiveness and value of the development, neighborhood, or the county as a whole.
(4) Plans for development 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 storm water management facilities, local ordinances, and state laws.
(Res. of 6-9-03, § 3-1)
Sec. 14-37. Design principles for roads within non-residential developments.
(1) Roads carrying non-residential traffic, especially truck traffic, shall not be extended through adjacent existing or potential residential areas.
(2) Roads shall be planned in connection with the grouping of buildings, location of rail facilities, and provisions of truck loading and maneuvering areas, walks and parking areas, so as to minimize conflict of movement between various types of traffic, including pedestrian.
(Res. of 6-9-03, § 3-2)
Sec. 14-38. General land suitability for development.
Land which is unsuitable for development due to flooding, wetlands, improper drainage, steep slopes, rock formations, adverse earth formations or topography, utility easements, or other features which would be harmful to the safety, health, and general welfare of inhabitants of the land and/or the general public and surrounding areas shall not be developed unless adequate methods are designed by the permit holder to solve problems created by unstable land conditions. Said design methods shall include, but not be limited to, Georgia Department of Transportation Standard Manuals and Specifications for the Construction of Roads and Bridges and the Utility Accommodations Policy and Standards, current editions, and supplements thereto; American Association of State Highway and Transportation Officials (AASHTO) Manuals for Arterial Streets, Rural, Urban, and Interstate Highways, current editions; American Water Works Association (AWWA) standards, current editions, Georgia Department of Natural Resources (DNR), Environmental Protection Division (EPD,) Rules for Safe Drinking Water, Rules and Regulations for Water Quality Control, latest editions; American National Standards Institute (ANSI) Standards, latest editions; American Society for Testing and Materials (ASTM) Standards, latest edition, and this article and other county ordinances.
(Res. of 6-9-03, § 3-3)
Sec. 14-39. Easement standards.
(1) All easements shall be properly designated with a specific width and purpose.
(2) Easements shall be arranged in such a manner as to eliminate unnecessary easement offsets and to facilitate the use of easements for power distribution, telephone service, drainage, water services, sewer services and pedestrian access.
(3) No half easements will be accepted unless the adjacent property owner dedicates the other half at the time the plat is approved.
(4) Easements shall be cleared of trees, debris, and other objectionable materials, unless it is delineated as a conservation easement or wetland area or as otherwise approved by the county engineer.
(Res. of 6-9-03, § 3-4)
Sec. 14-40. Utility easements.
(1) To provide utility service to individual lots, easements shall be at least ten feet wide, with a width of five feet on each side of side lot lines.
(2) Easements of at least 15 feet wide shall be provided along all rights-of-way of new roads and along the frontages of new developments and subdivisions if all the utilities are not provided within the proposed rights-of-way.
(3) No easement shall be permitted upon rear lot lines except for public water or sanitary sewer, as approved by the appropriate utility company.
(Res. of 6-9-03, 3-5)
Sec. 14-41. Storm drainage easements.
(1) Where a subdivision is traversed by a water course, drainage way, natural channel, or stream, there shall be provided an easement conforming substantially to the limits of such water course plus the additional width commensurate with the non-encroachment areas of the same.
(2) Any manmade drainage system shall be provided an easement conforming substantially to the limits of the system. The minimum width shall be 20 feet.
(Res. of 6-9-03, § 3-6)
Sec. 14-42. Site plans.
Information to be shown on the subdivision and individual site plans shall consist of not less than the following:
(a) Name(s), address(es), and telephone number of the owner(s).
(b) Date and north point or arrow indicating magnetic north and graphic scale.
(c) Surveyed boundaries of the entire tract and their relationship to adjoining properties, public rights-of-way, and easements.
(d) A location sketch map.
(e) Sewage management system type (on-site system or public or private off-site sewage treatment plant). Show the area of land required for the system.
(f) For individual site plans only – the location of all proposed buildings, their shape, size, and setback in appropriate scale.
(g) All building setbacks as required by the Whitfield County Subdivision Regulations.
(h) Location of existing rights-of-way of streets, roads, alleys, railroads, public crosswalks, with lengths and widths, road names, and designations.
(i) Existing and/or proposed vegetation to remain/planted as a required or designated buffer.
(j) Location of major river corridors, water supply watersheds, groundwater recharge areas, wetlands, the boundary and elevation of the 100-year floodplain as determined by the past history of flooding or the best available data, all drainageways, lakes, streams, creeks, channels, wetlands, and drainage facilities.
(k) The names, where appropriate, and locations and dimensions of proposed roads, alleys, sidewalks, easements, buildings, parking and loading, dumpsters, recreation areas and facilities, yards and other open spaces.
(l) Deed record names of adjoining property owners or subdivisions.
(m) Limits of new construction and project boundary.
(n) Delineation of disturbed areas within project boundary.
(o) All existing utilities and appurtenances in the vicinity of the construction that affect or could be affected by such construction. The utility type, size, depth, material, and location in relation to utilities improvements should be indicated.
(p) New utilities construction including as applicable, but not limited to, pipelines, manholes, lift stations, force mains, valves, fittings, fire hydrants, meters, casings, services facilities, special construction and details for connections to existing utilities. Pipe size and materials shall be indicated on the plans. Include horizontal geometry as necessary to define location of new utilities.
(q) Profiles of sanitary sewers showing existing ground surface, sewers, manholes with top and invert elevations, line length and grades, crossing utilities, and limits for special construction.
(r) Layout plan information of storm drains showing existing and finished ground surfaces, pipes, drainage structures with top and flow line elevations, distances from centerline to centerline of drainage structures, pipe and ditch grades, crossing utilities, and limits of special construction.
(s) Topographic map of the existing conditions for the development showing existing facilities and features that affect or could be affected by grading and drainage improvements. Use a contour interval of not greater than two feet with spot elevations as necessary to define existing ground surfaces. A minimum of 50 foot outside of construction limits, property lines or whichever is greater for existing contours.
(t) Proposed grades depicted by proposed contours drawn with a two-foot interval and spot elevations as necessary to define proposed grade surfaces. Tie all proposed grades to existing contours.
(u) New drainage improvements including, but not limited to, pipes, culverts, catch basins, area drains, drop inlets, junction boxes, headwalls, berms, dikes and detention basins with outlet works. The drainage areas tributary to each drainage structure, design flow, and time of concentration shall be indicated.
(v) New road improvements, including but not limited to, curbs and gutters, sidewalks, pavements, driveways, wheel chair ramps, traffic control devices, and street lights (if any).
(w) Profiles of existing ground levels along street centerlines and each right-of-way with elevation intervals not exceeding 100 feet.
(x) Horizontal and vertical street geometry including street centerline angles of deflection, radii, degree of curvature, design speed, tangent lengths, arc lengths, bearings street grades, and lengths of vertical curves. Stations for all points of curve, points of tangency, points of intersection, both horizontal and vertical, should be shown.
(y) All existing traffic signs including the posted speed limit within the frontage being developed as well as any other existing, adjacent, and connecting roads.
(z) The width of existing roadway pavements, lane widths, lane lines and direction of travel (using directional arrows) within the lanes.
(aa) Station numbers along street that match centerline profile.
(bb) Location of known grease-racks, wash racks, underground storage tanks, or other manmade equipment installed on or in the property.
(cc) The proposed commercial driveway width, measured either from face of curb to face of curb or from edge of pavement to edge of pavement. This measurement shall be perpendicular to the centerline of the driveway at its narrowest point.
(dd) Sight distance at each commercial driveway, intersection, crest or valley of a vertical curve.
(ee) Plan drawing shall be at a scale of at least one inch equals 100 feet. In developed or congested areas, an appropriate larger scale is to be used to clearly show the existing and proposed features.
(ff) For profile drawings, the horizontal scale shall be the same as that used for associated plan drawings. The vertical scale shall be at least one inch equals ten feet.
(gg) Dashed lines to be used to indicate existing features and solid lines to indicate proposed features.
(hh) A legend depicting all symbols and definitions to be clearly shown on the plan.
(ii) Provide the soil erosion and sedimentation control plan according to the technical standards provided by Whitfield County Soil Erosion and Sedimentation Control Ordinance.
(jj) Storm-water and sedimentation management systems-storage capacity, hydrologic study, and calculations, including off-site drainage area.
(kk) Delineate 100-year flood plain. (Reference data used in determination.)
(Res. of 6-9-03, § 3-7)
Secs. 14-43– 14-45. Reserved.
ARTICLE IV. Sec. 14-46. Dot standards adopted.
Unless otherwise specifically set forth herein, all of the materials, methods of construction, and workmanship for work performed in connection with road construction and storm drainage construction shall conform to the latest standard specifications of the Georgia Department of Transportation (DOT.) Design criteria and standards not specifically set forth herein shall conform to the current edition of the AASHTO Guidelines.
(Res. of 6-9-03, § 4-1)
Sec. 14-47. Dead-end road design.
(1) Arrangement of continuing roads. The arrangement of roads shall provide for the continuation of arterial and/or collector roads between adjacent properties when such continuation is necessary for convenient movements of traffic, effective fire protection, efficient provision of utilities, and when such continuation is in accordance with the arterial and/or collector road or road plan. If the adjacent property is undeveloped and the road must be a dead-end road temporarily, the right-of-way shall be extended to the property line. A temporary cul-de-sac, temporary "T", or "Y"-shaped turnabout shall be provided on all temporary dead-end roads as required in the following turnabout standards, with a notation on the subdivision plat that land outside the normal road right-of-way shall revert to abutting property owners whenever the road is continued.
(2) Where a road does not extend beyond the boundary of the subdivision and its continuation is not required for access to adjoining property, its terminus shall normally not be nearer to such boundary than 50 feet. However reservation of an appropriate easement to accommodate drainage facilities, pedestrian traffic, or utilities may be required. A cul-de-sac turnabout shall be provided at the end of a dead-end road in accordance with this article.
(3) Road names. Roads which are extensions of or in alignment with existing named roads shall bear that name. The names of new roads shall be subject to the approval of Whitfield County Building, Zoning and Development Department and shall not duplicate names of existing roads.
(4) Minimum right-of-way and pavement widths. The minimum widths for rights-of-way and pavement are as follows and are to be shown on the construction drawings.
Minimum pavement width for any lane on any road is 12 feet.
On any existing street having a right-of-way less than the minimum which abuts a property being developed, one-half of the required width of right-of-way shall be dedicated at no cost to Whitfield County along the entire property boundary abutting the existing street.
Additional road right-of-way width may be required to be dedicated at intersections or other locations fronting the property where turning lanes, storage lanes, medians, islands, or realignments are required for traffic safety and minimum right-of-way standards would be inadequate to accommodate the improvements.
(Res. of 6-9-03, § 4-2)
Sec. 14-48. Road names.
Roads which are extensions of or in alignment with existing named roads shall bear that name. The names of new roads shall be subject to the approval of Whitfield County Building, Zoning, and Development Department and shall not duplicate names of existing roads.
(Res. of 6-9-03, § 4-3)
Sec. 14-49. Minimum right-of-way and pavement widths.
The minimum widths for right-of-way and pavement are as follows and are to be on the construction drawings:
DESIGN CONSIDERATIONS
ROAD STANDARDS
| Type | Traffic volume (AADT) | Number of lanes | Right-of-way Width |
| Local | 0 – 4,999 | 1 lane each direction | 50 (60 feet if no curb) |
| Collector | 5,000 – 9,999 | 1 lane each direction | 80 |
| Arterial | 10,000 -> | 2 lanes each direction | 100 or greater |
Minimum pavement width for any lane on any road is 12 feet.
On any existing street having a right-of-way less than the minimum which abuts a property being developed, one-half of the required width of right-of-way shall be dedicated at no cost to Whitfield County along the entire property boundary abutting the existing street.
Additional road right-of-way width may be required to be dedicated at intersections or other locations fronting the property where turning lanes, storage lanes, medians, islands, or realignments are required for traffic safety and minimum right-of-way standards would be inadequate to accommodate the improvements.
| STREET TYPE: | LOCAL | COLLECTOR | ARTERIAL |
| Design speed: | 25 mph | 35 mph | 45 mph |
| Pavement width (feet) of each lane | 12 | 12 | 13 |
| Number of lanes in each direction | 1 | 1 | 2 |
| Right-of-way width(feet): | |||
| With curb | 50 | 60 | 100 |
| without curb and gutter | 60 | 60 | 120 |
| TYPE OF CURB: | C/M/N | C/M/N | C/M/N |
| Min. sight distance K factor for: | |||
| crest | 20 | 40 | 40 |
| sag | 20 | 45 | 60 |
| Min sight distance (feet) | 210 | 420 | 530 |
| Max grade (%) | 18 | 10 | 8 |
| Min grade (%) | 1 | 1 | 1 |
| Max % grade in a cul-de-sac | 10 | 10 | 10 |
| Cul-de-sac pavement radius | 50 ft | 80 ft | n/a |
| Min centerline curve radius (feet) | 200 | 580 | n/a |
| (degrees) | 25 | 15 | 10 |
| Super-elevated (feet) | 350 | 480 | |
| Min Tangent between reverse curves (feet) | 50 | 100 | 200 |
| Min vertical curve length (feet) | 200 | 250 | 300 |
| Exception when tying into a cul-de-sac | 100 | n/a | n/a |
| Vertical curves required when meeting grades exceed | 2% | 1.5% | 1% |
| Min horizontal curve length | 100 | 150 | 300 |
KEY:
C = vertical curb and gutter
M = mountable curb and gutter
N = no curb and gutter
(Res. of 6-9-03, § 4-5)
Sec. 14-51. Pavement standards.
(1) The following Georgia DOT Specification Sections shall apply to alternative base materials indicated on the standard detail typical road sections:
(a) Soil cement base;
(b) Chert construction;
(c) Concrete pavement.
(2) The engineering study will include traffic counts for the anticipated completed development. For flexible pavements and totally rigid pavements use the AASHTO "Guide for Design of Pavement Structures". For partially rigid pavements (soil cement with asphaltic concrete overlay) use the PCA "Thickness Design for Soil-Cement Pavements" and "Soil-Cement Construction Handbook." All specifications for the materials and construction of the proposed design are required to be submitted.
(a) Pavement design period to be 20 years;
(b) Minimum AADT for design purposes:
Residential streets + 4% annual growth rate 2,500 AADT (minimum 0.5% truck volume)
Non-residential streets and collector streets + 4% annual growth rate determined by traffic counts (minimum 2.0% truck volume)
Arterial + 6% annual growth rate determined by traffic counts (minimum 1.5% truck volume)
(c) Minimum asphaltic concrete thickness is to be not less than 1/2 inch after compaction.
(d) Minimum portland cement concrete thickness is to be not less than four inches after compaction.
(e) Minimum soil cement thickness is to be not less than six inches after compaction.
(f) Minimum graded aggregate base is not to be less than six inches after compaction.
(g) Minimum bituminous material base is not to be less than two inches after compaction.
(Res. of 6-9-03, § 4-6)
Sec. 14-52. Cul-de-sac design.
(1) The minimum radius of a cul-de-sac turn-a-round shall be as provided in the sections defined for residential and non-residential roads. Such minimum standard shall also be the maximum radius, because a turning radius of more than the minimum creates large expanses of pavement.
(2) Standard road pavement shall be required in all cul-de-sacs.
(3) The maximum profile grade within a cul-de-sac shall be ten percent with an exception for steeper vertical grade of five percent maximum cross grade and two percent minimum cross grade.
(Res. of 6-9-03, § 4-7)
Sec. 14-53. Special roads.
(1) Split level roads. Roads which are constructed so as to have two traffic ways, each at a different level within the same right-of-way, shall provide a minimum right-of-way which encompasses both travel lanes, the land between the lanes (or median,) and at least 15 feet outside the two travel lanes. A minimum paved traffic surface for each lane shall be at least 15 feet. The ground slope between the two traffic ways shall be of a ratio not less than 3:1.
(2) Substandard load capacity. In the event that a development is accessed by a substandard road, hereinafter defined as a road not constructed to carry the increased traffic loading by the proposed development as shown by a approved traffic study, and if that substandard road provides the primary means of access to the development, then the substandard road, except as indicated below, shall be fully upgraded along the entire property frontage and continuing to the nearest paved road with the traffic carrying capacity equals or is greater than the proposed development traffic along the route of primary access. The entire right-of-way shall be provided where any part of the development is on both sides of the road.
(3) Acceleration and/or deceleration lanes. Except as indicated, acceleration and deceleration lanes shall be provided for new roads and driveway connections to existing roads. The lanes will not be required if any of the following conditions are met:
(a) The driveway is for a one or two family residence;
(b) Total traffic on the existing road is less than 5,000 vehicles per day (count of existing traffic must have been made within one year of the development plan submittal date;
(c) The driveway is for a limited commercial activity, such as those permitted in the C-1 Commercial zoning district, with average ingress and egress of less than 100 vehicles per day.
(Res. of 6-9-03, § 4-8)
Sec. 14-54. Widening.
The developer shall be responsible for the relocation and/or modifications of public and/or private utilities as necessitated by required road widening or other improvements caused by the proposed development.
(Res. of 6-9-03, § 4-9)
Sec. 14-55. Improvements along state and federal highways.
For any development abutting a state or federal highway, improvements to such highway and the location and design of any road or driveway providing access from the highway shall comply with the standards and requirements of the Georgia Department of Transportation (GDOT.)
(Res. of 6-9-03, § 4-10)
Sec. 14-56. Improvements along railroad rights-of-way.
Roads parallel to a railroad or limited access highway, when intersecting a road which crosses the railroad at grade, shall, to the extent practicable, be at a distance of at least 150 feet from the railroad right-of-way. Such distance shall be determined with due consideration of the minimum distance required for future separation of grades by means of appropriate approach gradients.
| INTERSECTION TYPE: | R/R | R/C | R/A | C/A/C/A |
| Approach speed (each leg) (MPH) | 25 | 30 | 30 | 30 |
| Clear sight distance (length along each approach leg) (feet) | 90 | 120 | 200 | 250 |
| Minimum angle of intersection (degrees) | 75 | 90 | 90 | 90 |
| Minimum curb radius (feet) | 20 | 25 | 25 | 30 |
| Minimum centerline offset of adjacent intersection (feet) | 150 | 200 | 300 | 1300 |
| Minimum tangent length approaching intersection (each leg) (feet) | 50 | 75 | 100 | 150 |
| Maximum allowable intersection grades | ||||
| Primary street grade | 0-2% | same grade or (1%) | >2%-18% | 1/2 of grade (1-9%) |
KEY:
R = Local streets
C = Collector street
A = Arterial street
(Res. of 6-9-03, § 4-13)
Sec. 14-59. Roadway safety requirements.
(1) Since the motorized traveler depends upon traffic control devices as a guide in their driving, it is important that such devices be used uniformly, whether the road is a new highway, local road, detour, or temporary route. Traffic devices shall be completely installed or constructed before the roadway is open to traffic. Devices which are no longer applicable or those that may create confusion in the mind of vehicle operators shall be removed as soon as possible. Other devices required by road conditions or restrictions shall be removed when those conditions cease to exist or the restrictions are withdrawn.
(2) The application of all types of traffic control devices, whether of a permanent or temporary nature, shall be governed by the requirements and principles set forth in the Manual of Uniform Traffic Control Devices (MUTCD) latest edition.
(3) Traffic control devices consisting of road name signs, traffic control signs, traffic markings, and traffic signals shall be provided by the developer as appropriate to serve each development.
(4) For residential developments, minimum traffic control devices shall consist of road name signs at each intersection, stop or yield signs at each intersection, one speed limit sign per block, school crossing signs where appropriate, and limited pavement marking, such as crosswalk lines for school crossings.
(5) Minimum traffic control devices for non-residential developments shall include those devices for residential developments, as well as lane and centerline markings, stop lines, and parking space markings. Additionally, appropriate other signs and signals shall be provided by the developer.
(Res. of 6-9-03, § 4-14)
Sec. 14-60. Road name and traffic signs.
The developer shall purchase road name signs and traffic signs from the Whitfield County and Whitfield County personnel shall install such signs.
(Res. of 6-9-03, § 4-15)
ARTICLE V. Sec. 14-61. Placement.
All authorized public and private underground or overhead utilities shall be located within the public right-of-way or within an easement designated for such use. Private underground utilities, such as lawn sprinkler systems, septic tanks and drain fields, exterior lighting systems, and heating and cooling piping are not permitted within public rights-of-way.
(Res. of 6-9-03, § 5-1)
Sec. 14-62. Location of water mains.
Water mains shall be located along public rights-of-way on the south and west side of the road. The minimum cover shall be 42 inches. Water service laterals, with a minimum cover of 24 inches shall be located within rights-of-way. Within five feet of the water meter, the service lateral cover may be reduced to not less than 18 inches.
(Res. of 6-9-03, § 5-2)
Sec. 14-63. Fire hydrants and fire flow.
(1) Fire hydrant spacing and fire flow pressure requirements shall reflect the standards and specifications as adopted by Dalton Utilities from time to time.
(2) A fire hydrant shall be located at all intersections.
(Mo. of 9-13-04)
Sec. 14-64. Sanitary sewer.
(1) Sanitary sewer laid within a public road shall be constructed along the centerline of the road at a depth of not less than five feet from the road surface to the top of the pipe. For curved streets, sewer shall be installed between gutter lines to avoid conflicts with other utilities.
(2) Any structures, such as lift stations and manholes located in any 100-year flood plain shall be designed so as not to allow surface drainage inflow until flood elevations exceed one foot above the 100-year flood elevation.
(3) Placement procedures of force main piping shall meet the same requirements as those procedures for the placement of water lines.
(Res. of 6-9-03, 5-4)
Sec. 14-65. Wellhead protection areas.
Every wellhead protection area consists of two zones, as follows:
(1) The control zone shall be a circle outward from the well bore, with a radius of 15 feet for impervious surface material, such as concrete, or a radius of 25 feet for permeable surface material. Within the control zone, activities shall be restricted so that there are minimal sources of potential pollution in the immediate vicinity of the well bore. Only chemicals used for water treatment may be stored in this zone. Motor fuels, oil, motor vehicles, or portable equipment powered by an internal combustion engine shall not be stored in the control zone. On-site fuel storage for auxiliary power shall have a spill containment system for the entire volume of fuel. This zone will be protected by a chain-link fence (or equivalent) having a minimum height of seven feet and access shall be through a locking gate (or equivalent.) Chemicals or motorized vehicles may be used for maintenance of the well, well house, pump, or associated plumbing. The control zone elevation is required to be at least one foot above the 500-year flood elevation from any surface drainage source or underground drainage source under the influence of surface water.
(2) The management zone is divided into the inner management zone and the outer management zone. Wells drawing water only from confined aquifers will have an inner management zone extending outward from the center of the well bore or spring head for a radius of 100 feet. Wells drawing water from unconfined aquifers, except those lying areas of karst, will have an inner management zone extending outward from the center of the well bore or spring head for a radius of 250 feet. Wells drawing water from unconfined aquifers identified as being in areas of karst, will have an inner management zone extending outward from the center of the well bore or spring head for a radius of 500 feet. The outer management zone shall be determined as follows: Wells drawing water only from confined aquifers are not required to have an outer management zone. Wells drawing water from unconfined aquifers identified as being in areas of karst, will have an outer management zone determined by hydrological mapping. Wells drawing water from unconfined aquifers utilizing fractured crystalline rock aquifers will have an outer management zone determined according to the "Health Method Curve" contained in the EPA approved Georgia Wellhead Protection Plan. Other wells not meeting the above criteria will have their outer management zones determined by time of travel calculations (minimum of a five-year time of travel) or by volumetric calculations as appropriate. The following may not be located within either the inner zone or outer zone:
(a) Solid waste, industrial or construction/demolition landfills;
(b) Land disposal of hazardous waste;
(c) Land application of wastewater or sludge;
(d) Underground injection wells;
(e) Wastewater treatment basins without impermeable synthetic liners, and
(f) Abandoned underground storage tanks not meeting the standards of Georgia DNR Code section 391-3-15-11 of the Rules for Underground Storage Tanks.
The following may not be located within the inner zone:
(a) Environmental facilities with no releases to the ground (except to sanitary sewer lines);
(b) Environmental facilities determined that any release to the ground that will not be a threat to public health and safety (an example is one or two domestic septic systems);
(c) Underground storage tanks;
(d) Non-domestic septic tanks with drain fields, and
(e) Animal feedlots, poultry enclosures or animal enclosures (not construed to apply to family pets).
The following may be located within either the inner zone or outer zone:
(a) Facilities permitted to handle, treat, store or dispose of hazardous waste or materials which has an impermeable pad having a spill and leak collection system. All such activities must be performed on this pad,
(b) Agricultural waste impoundments having an impermeable synthetic liner, and
(c) Quarries or underground mines having had a hydrogeological investigation (carried out by a professional engineer or geologist) demonstrating that the operation will not pollute the well or spring or cause a reduction of ground water flow to the well or spring.
The following may be located within the outer zone:
(a) wastewater treatment basins with impermeable synthetic liners,
(b) underground storage tanks meeting the highest standards applicable under Georgia DNR Code section Underground Storage Tank Act, and
(c) abandoned underground storage tanks meeting the standards of Georgia DNR Code section 391-3-15-.11 of the Rules for Underground Storage Tanks.
(Res. of 6-9-03, § 5-5)
Secs. 14-66– 14-70. Reserved.
ARTICLE VI. ------------
Editor's note: Ord. of 12-1-06, § 3, adopted Dec. 1, 2006, amended and replaced the former Art. VI, §§ 14-71– 14-81, and enacted a new Art. VI as set out herein. The former Art. VI pertained to similar subject matter and derived from Res. of 6-9-03, §§ 6-1– 6-10, and § 6-81.
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Sec. 14-71. Purpose of the article.
The purpose of this article is to protect, maintain, and enhance the public health, safety, environment and general welfare by establishing minimum requirements and procedures to control the adverse effects of increased post-development stormwater runoff and non-point source pollution associated with new development and redevelopment. It is determined that proper management of post-development stormwater runoff will minimize damage to public and private property and infrastructure; safeguard the public health, safety, environment and general welfare of the public; and protect water and aquatic resources. This article seeks to meet that purpose through the following objectives:
(1) Establish decision-making processes surrounding land development activities which protect the integrity of the watershed and preserve the health of water resources;
(2) Require that new development and redevelopment maintain the pre-development hydrologic response in its post-development state as nearly as practicable, in order to reduce flooding, streambank erosion, non-point source pollution, and to maintain the integrity of stream channels and aquatic habitats;
(3) Establish minimum post-development stormwater management standards and design criteria for the regulation and control of stormwater runoff quantity and quality;
(4) Establish design and application criteria for the construction and use of structural stormwater control facilities which can be used to meet the minimum post-development stormwater management standards;
(5) Encourage the use of non-structural stormwater management and stormwater better site design practices, such as the preservation of greenspace and other conservation areas, to the maximum extent practicable;
(6) Establish provisions for the long-term responsibility for and maintenance of structural stormwater, control facilities and nonstructural stormwater management practices to ensure continued functionality as designed, maintenance, and that they pose no threat to public safety; and,
(7) Establish administrative procedures for the submission, review, approval and disapproval of stormwater management plans, and for the inspection of approved active projects, and long-term follow up.
(Mo. of 9-11-06; Ord. of 12-01-06, § § 2, 3)
Sec. 14-72. Definitions.
When used in this article, the following words and phrases shall have the meaning given in this section. Additionally, the words and definitions outlined in the Whitfield County Definitions Ordinance shall also apply. Words not defined either in the Whitfield County Definitions Ordinance, or herein, shall be construed to have a meaning given by common and ordinary use. The term "shall" is mandatory. When not inconsistent with the context, words used in the singular number include the plural and those used in the plural number include the singular. Words used in the present tense include the future. The following definitions shall apply in the interpretation and enforcement of this article, unless otherwise specifically stated:
Addition (to an existing structure) means any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load bearing wall other than a firewall. Any walled and roofed addition, which is connected by a firewall or is separated by independent perimeter load-bearing walls, is new construction.
As-built survey means a drawing prepared and signed by a registered land surveyor registered in the State of Georgia illustrating the locations, dimensions and elevations of a development as it has been constructed following completion of construction based on direct field measurements and shown to scale.
As-built design certification means a report prepared and signed by the professional that prepared the construction plans and/or stormwater management plan certifying that the stormwater facilities constructed as part of the development and depicted on the as-built survey will function as designed in the stormwater management plan and meeting the requirements outlined in the Stormwater Local Design Manual (LDM.)
Agricultural activities means the raising, harvesting, or storing of crops; 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, ratites, 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; or the production of agricultural, horticultural, dairy, livestock, poultry, eggs, and apiarian products.
Best management practices (BMPs) means a collection of structural practices and vegetative measures which, when properly designed, installed, and maintained, will provide effective erosion and sedimentation control, prevent or reduce the pollution of the water of the State of Georgia, or prevent flooding. 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 OCGA § 12-7-6(b) the "Georgia Stormwater Management Manual" or the "Local Design Manual" ("LDM.")
Construction means any alteration of land for the purpose of achieving its development of changing use, including particularly any preparation for, building of, or erection of a structure and/or infrastructure.
Construction activity means activities subject to NPDES construction permits or those activities addressed in the LDM. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.
Day means a calendar day.
Design storm means the rainfall event of such size and frequency as described in the LDM that is used for the design of stormwater facilities.
Developer means any person who acts in his or her own behalf or as the agent of any owner of property for construction activity.
Director means the Whitfield County Building, Zoning, and Development Director, or any other person designated by the Whitfield County Administrator.
Drainage means a general term applied to the removal of surface or subsurface water from a given area either by gravity or by pumping, commonly applied herein to surface water.
Drainage system means the surface and subsurface system for the removal of water from the land, including both the natural elements of streams, marshes, and ponds, whether of an intermittent or continuous nature, and the manmade element which includes culverts, ditches, channels, retention facilities and the storm sewer system.
Hardship (as related to variances hereof) means the exceptional hardship that would result from a failure to grant the requested variance. The Whitfield County Board of Commissioners requires that the variance should be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.
Hazardous materials means any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
Hotspot means an area where the land use or activities generate or have the potential to generate highly contaminated runoff, with concentrations of pollutants in excess of those typically found in stormwater and as defined in the LDM.
Industrial activity means activities subject to NPDES industrial permits as defined in 40 CFR, § 122.26 (b)(14.).
Jurisdictional wetland means an area that meets the definitional requirements for wetlands as determined by the U.S. Army Corps of Engineers.
Local design manual ("LDM.") means a manual containing specific guidelines and standards for stormwater management that are either watershed or countywide specific, for the proper implementation of the requirements of this article.
Maintenance of stormwater facility means the performance of routine methods and procedures that preserve drainage structures and other stormwater facilities in good condition; ensuring structural soundness, functional adequacy and mostly free from sediment, debris and other obstructions; and rectifying any unforeseen erosion and water quality problems.
National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit means a permit issued by the U.S. Environmental Protection Agency [or by the State of Georgia pursuant to authority delegated at 33 USC § 1342(b) authorizing the discharge of pollutants to waters of the United States, whether the permit is applicable upon an individual, group, or general area-wide basis.
Non-structural best management practice means any natural or planted vegetation or other nonstructural component of the stormwater management plan that provides for or enhances stormwater quantity and/or quality control or other stormwater management benefits, and includes, but is not limited to, riparian buffers, open and greenspace areas, overland flow filtration areas, natural depressions, and vegetated channels.
Obstruction includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.
Owner means the person in whom is vested the fee simple ownership, dominion or title of property, by proprietor; this term may also include a tenant, if chargeable under his or her lease for the maintenance of the property, and any agent of the owner or tenant, including a developer.
Person means 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.
Pollution means the contamination or other significant alteration of any water's physical, chemical or biological properties, including, but not limited to, a change in temperature, taste, color, turbidity, or odor of such waters or the discharge of any liquid, gaseous, solid, radioactive, or other substance into any such waters as will or is likely to render such waters harmful, detrimental or injurious to the public health, safety or welfare or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life.
Pollutant means any impurity or waste material that degrades the physical, chemical, biological or radiological integrity of surface or subsurface waters.
Public works director means the Whitfield County Public Works Director.
Redevelopment means a land development project on a previously developed site, but excludes ordinary maintenance activities, remodeling of existing buildings, resurfacing of paved areas, and exterior changes or improvements which do not materially increase or concentrate stormwater runoff, or cause additional non-point source pollution.
Site development permit means the authorization necessary to conduct a land-disturbing activity under the provisions of this article.
Stormwater means any surface flow, runoff, or drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
Stormwater design manual means the Georgia Stormwater Management Manual (GSMM,) current edition, as published by the Atlanta Regional Commission. The Georgia Stormwater Management Manual is available online at www.georgiastormwater.org.
Stormwater facility means a structural stormwater management facility or device that controls stormwater runoff and changes the characteristics of that runoff including, but not limited to, the quantity, the quality, the period of release or the velocity of flow.
Undisturbed natural buffer means a tract of land in its natural undisturbed state where no vegetation can be removed or planted without a county permit. No herbicides, pesticides, or other chemicals, either natural or manmade can be used in this buffer without a county permit.
Violation means the failure of a structure or other development to be fully compliant with this ordinance. A structure or other development without evidence of compliance required in this article is presumed to be in violation
until such time as that documentation is provided.
(Mo. of 9-11-06; Ord. of 12-01-06, § § 2, 3)
Sec. 14-73. Applicability.
All persons proposing development and/or construction within Whitfield County shall submit a stormwater management plan and hydrology study to the director for review of conformity with this article, except as provided in section 14-75. These standards apply to any new development or redevelopment site meeting one or more of the following criteria:
(1) New development that involving the creation of 5,000 square feet or more of impervious cover, or that involves other land development activities of one acre or more;
(2) Redevelopment including the creation, addition, or replacement of 5,000 square feet or more of impervious cover, or involving other land development activity of one acre or more;
(3) Any new development or redevelopment, regardless of size, defined as a "hotspot" land use;
(4) Land development activities which are smaller than the minimum applicability criteria set forth in items (1) and (2) above if such activities are part of a larger common plan of development, even though multiple, separate and distinct land development activities may take place at different times on different schedules; or
(5) Activities which lie within a special drainage district as defined in the Whitfield County Stormwater Local Design Manual (LDM) and are regulated by the provisions of the special drainage district.
(Ord. of 12-01-06, § § 2, 3)
Sec. 14-74. Stormwater local design manual.
Whitfield County will utilize the policy, criteria, and information, including technical specifications and standards in the latest edition of the GSMM and the Whitfield County Stormwater LDM, for the proper implementation of the requirements of this article. The LDM may be updated and expanded periodically, based upon improvements in science, engineering, monitoring, and local maintenance experience.
(Ord. of 12-01-06, § § 2, 3)
Sec. 14-75. Exemption from requirements.
The following development activities are exempt from the provisions of this article and the requirements of providing stormwater management but are not exempted from state erosion control/forestry BMPs:
(1) Agricultural and forestry land management activities.
(2) Additions or modifications to existing detached single-family or duplex dwellings.
(3) Construction of a detached single-family dwelling this is not part of a larger development.
(4) Repairs to any stormwater management facility or practice deemed necessary by the county.
(5) Two lane road construction by a governmental body [any road wider than a two lane road is not exempted.]
(Ord. of 12-01-06, §§ 2, 3)
Sec. 14-76. Requirements for stormwater management plan.
All stormwater management plans submitted to the county shall be submitted in accordance with the provisions as outlined in this article and the LDM.
(1) The stormwater management plan shall be prepared under the supervision of, and certified by a professional engineer, professional land surveyor, or registered landscape architect with competency in hydrology and hydraulics, currently registered in the State of Georgia and who shall maintain at all times in full force and effect Errors and Omissions Liability Insurance Coverage in an amount of not less than $1,000,000.00 per occurrence. The plan shall conform to the requirements of this article.
(2) Upon receipt of the stormwater management plan, the county shall perform appropriate reviews, and shall either approve the stormwater management plan or return comments and reasons for rejection.
(Ord. of 12-01-06, §§ 2, 3)
Sec. 14-77. Permit procedures and requirements.
(a) Permit application requirements. No owner or developer shall perform any land development activities without first meeting the requirements of this article prior to commencing the proposed activity. Unless otherwise exempted by this article, or granted a waiver to meeting the minimum requirements outlined in the Whitfield County Stormwater LDM, a site development permit application shall be accompanied by the following items in order to be considered:
(1) Stormwater concept plan and consultation meeting certification if required by Whitfield County;
(2) Stormwater management plan and certificate of applicable liability insurance;
(3) Inspection and long term maintenance agreement;
(4) Performance bond, if applicable; and,
(5) Site development permit application and applicable review fees.
(b) Stormwater concept plan and consultation meeting. Projects that are complex in nature may require a stormwater concept plan and consultation prior to submittal of design plans for review by the county. The stormwater concept plan shall meet the requirements outlined in the LDM. For the purposes of this section, any proposed development activity that meets any of the following criteria shall be required to perform a stormwater concept plan and consultation meeting prior to submittal of engineering plans for review.
(1) Any residential subdivision with greater than 50 lots, unless such development contains exclusively two acre or larger lots.
(2) Any non-residential development with a disturbed area of ten acres or larger.
(3) Any non-residential development regardless of size which has an impervious surface coverage that covers 50 percent or more of the property excluding those lands contained within undisturbed buffers including but not limited to floodplains, stream buffers and undisturbed buffers between dissimilar zonings.
(4) Any non-residential development regardless of size which is defined as a "hot spot" land use.
(c) Stormwater management plan requirements. A stormwater management plan must be submitted in accordance with the LDM.
(d) Modifications for off-site facilities. The stormwater management plan for each land development project shall provide for stormwater management measures located on the site of the project, unless provisions are made with the county to manage stormwater by an off-site, or regional facility. The off-site or regional facility: (1) must be located upon property legally dedicated for the purpose, (2) must be designed and adequately sized to provide a level of stormwater quantity and quality control that is equal to or greater than that which would be afforded by on-site practices, and (3) there must be a county approved, legally-obligated entity responsible for long-term operation and maintenance of the off-site or regional stormwater facility. In addition, on-site measures shall be implemented, where necessary, to address stormwater management issues upstream and downstream from the development site to the off-site or regional facility.
A stormwater management plan must be submitted to Whitfield County which shows the adequacy of the off-site or regional facility.
To be eligible for a modification, the applicant must demonstrate to the reasonable satisfaction of Whitfield County that the use of an off-site or regional facility will not result in the following impacts to upstream or downstream areas:
(1) Increased threat of flood damage to public health, safety, welfare, and property;
(2) Deterioration of existing culverts, bridges, dams, and other structures;
(3) Accelerated streambank or streambed erosion or siltation;
(4) Degradation of in-stream biological functions or habitat; or
(5) Water quality impairment in violation of State of Georgia water quality standards, and/or violation of any state or federal regulations.
(Ord. of 12-01-06, §§ 2, 3)
Sec. 14-78. Post-development stormwater management performance criteria.
The following performance criteria shall be applicable to all stormwater management plans, unless otherwise provided for in this article:
(a) Water quality. Stormwater runoff generated from a site shall be adequately treated before discharge. It will be presumed that a stormwater management system complies with this requirement if:
(1) The system is sized to treat the prescribed water quality treatment volume from the site, as defined in the LDM;
(2) Appropriate structural stormwater controls or nonstructural practices are selected, designed, constructed or preserved, and maintained in accordance with the specific criteria in the LDM; and,
(3) Runoff from "hotspot" land uses and activities identified in the LDM are adequately treated and addressed through the use of appropriate structural stormwater controls, nonstructural practices and pollution prevention practices.
(b) Stream channel protection. Protection of stream channels from bank and bed erosion and degradation shall be provided by using all of the following three approaches:
(1) Preservation, restoration and/or reforestation (with native vegetation) of the applicable stream buffer;
(2) Twenty-four hour extended detention storage of the one year, 24 hour return frequency storm event; and,
(3) Erosion prevention measures such as energy dissipation and velocity control.
All design and construction work that is undertaken proximate to stream channels (including the buffer areas) shall be in strict conformance with current local, state, and federal regulations.
(c) Flood protection. Flood and public safety protection shall be provided by controlling and safely conveying storm events such that flooding is not exacerbated for the storm events specified in the LDM and in accordance with applicable requirements in article VI hereof.
(d) Drainage system guidelines. A system emphasizing a natural as opposed to an engineered drainage strategy shall be encouraged. The applicability of a natural approach depends upon such factors as site storage capacity, open channel hydraulic capacity, maintenance needs/resources and regulatory permitting factors. Stormwater conveyance facilities may include but are not limited to culverts, stormwater drainage pipes, catch basins, drop inlets, junction boxes, headwalls, gutters, swales, channels, ditches, and energy dissipaters shall be provided when necessary for the protection of public and private properties adjoining project sites. Stormwater conveyance facilities that are designed to carry stormwater runoff from more than one parcel, existing or proposed, shall meet the following additional requirements:
(1) Methods to calculate stormwater flows shall be in accordance with the LDM;
(2) All culverts, pipe systems and open channel flow systems shall be sized in accordance with the stormwater management plan using the methods included in the LDM; and,
(3) Design and construction of stormwater conveyance facilities shall be in accordance with the criteria and specifications found in the LDM.
(Ord. of 12-01-06, §§ 2, 3)
Sec. 14-79. Maintenance of facilities.
(1) Stormwater detention facilities which are deemed to be an essential and integral part of the Whitfield County stormwater management program may be maintained by Whitfield County. Stormwater management facilities which are built to satisfy this article for non-residential developments, and function for only one owner of a parcel of land in fee simple, will not be maintained by Whitfield County, and the owner thereof shall meet the requirements of the subsequent provisions of this article. No stormwater detention facility shall be accepted for maintenance by the county without first being approved by the Whitfield County Board of Commissioners.
In order to facilitate the maintenance of said stormwater detention facilities, a drainage easement shall be provided which will at a minimum encompass the 100-year flood elevation contour plus ten feet. The ten feet shall be measured horizontally outward from the 100-year flood elevation contour. A 20-foot access easement shall be provided from an existing or proposed right-of-way to the said stormwater detention facility. The access easement shall be improved so as to allow for periodic usage for the purpose of maintenance of the stormwater management facility.
(2) An inspection and maintenance agreement shall be executed for all private on-site stormwater management facilities prior to approval of the final plat or issuance of a certificate of occupancy. Such agreement shall be in form and content acceptable to the county, and shall provide that all inspection, maintenance and repair procedures of such facilities shall be the responsibility of the property owner. Such agreement shall provide for access to the facility by virtue of a non-exclusive perpetual easement in favor of Whitfield County at reasonable times for regular inspection by the county administrator, director, public works director, or his or her designee.
a. The agreement shall provide that preventive maintenance inspections of infiltration systems, retention, or detention structures may be made by the county, at its option. The county's inspection schedule shall be established on a frequency that meets the intent of this article and applicable regulatory compliance requirements bestowed on the county.
b. The agreement shall provide that if, after an inspection, the condition of a facility presents an immediate danger to the public health, safety or general welfare because of unsafe conditions or improper maintenance, the county shall have the right, but not the duty, to take such action as may be necessary to protect the public health, safety, general welfare and adjacent properties from damage. If it is determined that such deficient conditions are the result of neglected maintenance, or other action caused by the property owner, then any cost incurred by Whitfield County shall be paid by the property owner as set forth in subsection d. below.
c. The maintenance agreement shall be recorded by the property owner in the land records of Whitfield County prior to approval of the final plat or issuance of a certificate of occupancy.
d. The agreement shall provide that the county shall notify the property owner(s) of the facility of any violation, deficiency or failure to comply with this article. The agreement shall also provide that upon a failure to correct violations requiring maintenance work, within 30 days after notice thereof, the county may provide for all necessary work to place the facility in proper working condition. The owner(s) of the facility shall be assessed the costs of the work performed by the county pursuant to this subsection and subsection b. above, and there shall be a lien upon all property of the owner in which said property utilizes, or will utilize such facility in achieving stormwater management, which lien, when filed in Whitfield County real estate records, shall have the same status and priority as liens for non-payment of ad valorem; taxes. Should such a lien be filed, portions of the affected property may be released by Whitfield County following the payments by the owner of such portion of the property of such owner's pro-rata share of the lien amount based upon the acreage to be released with such release amount to be determined by the Whitfield County Board of Commissioners.
(3) In lieu of an inspection and maintenance agreement, the Whitfield County Board of Commissioners may, at their discretion, accept dedication of any existing or future regional stormwater management facility for perpetual maintenance by Whitfield County, provided such facility meets all the requirements of this article, the LDM, and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular structural maintenance by the county.
(Ord. of 12-01-06, §§ 2, 3)
Sec. 14-80. Maintenance of pre-existing stormwater facilities.
All stormwater management facilities in existence in Whitfield County on the effective date of this article shall be maintained by the property owner of the property upon which the facility is located in a manner so as to maintain the level of service provided by the facility as intended by the original design or current conditions, whichever shall be more stringent.
(Ord. of 12-01-06, §§ 2, 3)
Sec. 14-81. Inspection.
(a) The county administrator, director, public works director, or his or her designee, shall be responsible for determining whether a development is proceeding in accordance with the approved stormwater management plan. Periodic inspection of the development site shall be made by the director, or designee, to ensure that the stormwater management plan is properly implemented.
(b) Upon completion of the construction phase on the project, and prior to approval of the final plat or issuance of a certificate of occupancy, the developer shall provide an as-built survey and an as-built design certification for each stormwater management facility. A certified record drawing of the facility shall be prepared based upon this as-built survey and certified by the design profession who prepared the stormwater management plan. Based on the actual parameters established on the record drawing, an addendum to the stormwater management plan shall be prepared which demonstrates that the facility, as constructed, complies with the requirements of the approved stormwater management plan.
(c) Following final plat approval or issuance of a certificate of occupancy, the county administrator, director, public works director, or his or her designee, shall conduct periodic inspections of the stormwater facility upon a schedule established by the county. Inspection reports, including documented deficiencies and needed maintenance requirements, shall be included within the inspection reports and provided to the property owner to undertake appropriate action.
(Ord. of 12-01-06, §§ 2, 3)
Secs. 14-82– 14-85. Reserved.
ARTICLE VII. Sec. 14-86. Vegetation on rights-of-way.
Vegetation which exceeds 30 inches in height and/or a trunk diameter of four inches cannot be planted within the right-of-way or within 15 feet of the edge of pavement, whichever is greater.
UTILITIES
STORMWATER MANAGEMENT*
MISCELLANEOUS