§ 16-145. Protection criteria.

(a)

Construction within the buffer area is prohibited except as provided herein.

(b)

A natural vegetative buffer shall be maintained at all times in the river corridor, except as otherwise provided herein.

(c)

The natural vegetative buffer shall be restored as quickly as possible following any land disturbing activity.

(d)

Septic tank and septic tank drainfields are prohibited in the river corridor, except as expressly provided in subsection (e) of this section.

(e)

Single-family dwellings including the usual appurtenances are permitted in the buffer area subject to the following conditions:

(1)

The dwelling shall be in compliance with all local zoning regulations.

(2)

The dwelling shall be located on a tract of land containing at least two acres. For the purposes of these standards, the size of the tract of the land shall not include any area that lies within the protected river, (that is, for tracts of land that include portions of a protected river, the area between the river banks can not be counted towards the two acre minimum size).

(3)

There shall be only one such dwelling on each two-acre or larger tract of land.

(4)

A septic tank or tanks serving such a dwelling may be located within the buffer area.

(5)

Septic tank drainfields shall not be located within the buffer area.

(f)

Industrial and commercial land uses existing in the river corridor prior to the promulgation of this article are exempt from the criteria contained herein, provided that:

(1)

These uses do not impair the drinking quality of the river water.

(2)

These uses meet all state and federal environmental rules and regulations.

(g)

The construction of road crossings and utility crossings is permitted in the river corridor, provided such construction meets all requirements of the Erosion and Sedimentation Control Act of 1975 (O.C.G.A. § 12-7-1 et seq.), and all applicable local ordinances on soil erosion and sedimentation control.

(h)

The following uses are permitted in the river corridor, provided that such uses do not impair the long-term functions of the protected river or the river corridor:

(1)

Timber production and harvesting, subject to the following conditions:

a.

Forestry activity shall be consistent with best management practices established by the state forestry commission; and

b.

Forestry activity shall not impair the drinking quality of the river water as defined by the federal Clean Water Act, as amended (33 USC 1251 et seq.).

(2)

Wildlife and fisheries management activities consistent with the purposes of O.C.G.A. § 12-2-8.

(3)

Wastewater treatment.

(4)

Recreational usage consistent either with the maintenance of a natural vegetative buffer or with river-dependent recreation. For example, a boat ramp would be consistent with this criterion but a hard-surface tennis court would not. Parking lots are not consistent with this criterion. Paths and walkways within the river corridor are consistent with this criterion.

(5)

Natural water quality treatment or purification.

(6)

Agricultural production and management, subject to the following conditions:

a.

Agricultural activity shall be consistent with best management practices established by the state soil and water conservation commission;

b.

Agricultural activity shall not impair the drinking quality of the river water as defined by the federal Clean Water Act, as amended (33 USC 1251 et seq.); and

c.

Agricultural activity shall be consistent with all state and federal laws, and all regulations promulgated by the state department of agriculture.

(7)

Other uses permitted by the Department of Natural Resources or under section 404 of the Clean Water Act.

(i)

Handling areas for the receiving and storage of hazardous waste are prohibited within the river corridor.

(j)

Hazardous waste or solid waste landfills are prohibited within the river corridor.

(k)

The standards and requirements in this article do not supercede those contained in the Metropolitan River Protection Act (O.C.G.A. § 12-5-440 et seq.), the Coastal Marshlands Protection Act (O.C.G.A. § 12-5-280 et seq.), and the Erosion and Sedimentation Act (O.C.G.A. § 12-7-1 et seq.).

(Code 1998, § 16-503; Ord. of 6-21-2001, § 16-503)