§ 105-82. Big Haynes Creek Watershed Protection Requirements.

This section of the article is adopted pursuant to Georgia Department of Natural Resources Rules for Environment Planning Criteria.

(1)

Stream buffer zone/impervious surface setbacks. Within the designated Big Haynes Creek Watershed Protection Areas the following additional stream protection requirements shall be met where applicable:

a.

Natural buffer zones and setbacks for impervious surfaces shall be required adjacent to both sides of perennial streams as measured from the stream bank as follows:

Distance to Water Supply Intake or Water Supply Reservoir*	Minimum Buffer	Minimum Impervious Surface Setback
(Big Haynes CreekWatershed) Within 7-mile radius	100 feet	150 feet
(Big Haynes Creek) Outside 7-mile radius	50 feet	75 feet

 

*Radial distances as measured upstream of a governmentally owned public drinking water supply intake water supply reservoir.

b.

Septic tanks and septic tank drain fields shall be prohibited within the required setback area.

c.

Utilities shall be exempt from the above buffer and setback provisions in accordance with the following conditions if the utilities to be located in the buffer or setback areas cannot feasibly be located outside these areas:

1.

The utilities shall be located as far from the stream bank as reasonably possible, except that all easements (permanent and construction) and land disturbance should be at least 25 feet from the top of bank.

2.

The installation and maintenance of the utilities shall be such as to protect the integrity of the buffer and setback areas as best as reasonably possible.

d.

Roadways, bridges and drainage structures may encroach upon required buffers and setbacks where such structures are necessary to provide access. Such roadways and bridges shall cross streams perpendicularly where reasonably possible. The number of such stream crossings and associated structures shall be minimized to the greatest extent possible.

e.

Limited minor land disturbances, such as trails and picnic areas, are exempt.

(2)

Lots of record. All lots or parcels of record as of October 28, 1997, in the Big Haynes Creek Watershed and all lots or parcels which have been submitted by way of preliminary plat and approved by the Community Development Department in accord with the provisions of the 1985 Zoning Resolution of City of Norcross, as of October 28, 1997, within the Big Haynes Creek Watershed that are made unbuildable by the buffer and setback provisions, may still be developed on a case-by-case basis. Requests for development of these lots shall be made to the Director of the Community Development Department as administrative variances. If development is allowed, the maximum possible impervious surface stream buffer width, given the configuration of the lot, shall be maintained.

(3)

Limitation on variances. Variances from the provisions of this section (Big Haynes Creek Watershed Protection Requirements) are prohibited, except as provided by subsection (2) of this section.

(Ord. No. 02-2006, art. 5, § 5.1, 2-2-2006)