SUMMARY OF SECTION 9-1-145 ENVIRONMENTAL AREAS

The following summarizes the Proposed Amendment to the Athens-Clarke County Zoning Code regarding Environmental Areas. Only portions of the code relevant to floodplain and riparian buffers are summarized; wetlands and groundwater recharge area provisions basically mimic state minimum requirements.

PURPOSE

To protect the quality of the community's waterways and to provide for the appropriate development of sites in and adjacent to floodplains, wetlands, riparian buffer areas and significant groundwater recharge areas (all of which constitute "environmental areas").

EXISTING USES NOT AFFECTED

All existing uses within the environmental areas are exempt from these provisions. If the land use or building is enlarged in an amount greater than 10% of the existing ground coverage, it is no longer exempt.

ENVIRONMENTAL AREAS REVIEW AND PERMIT

A review and permit are required for all land disturbing activities w/n the environmental areas. Land disturbing activities do NOT include ordinary maintenance and landscaping operations; individual home gardens; repairs, additions and minor modifications of existing single family dwellings; or cutting of firewood for personal use.

The applicant must submit a site plan that shows the location of all environmental areas, all state waters, trees of a certain size that will be affected, other planned modifications to natural features, proposed tree protection, and buildable areas.

The Planning Director will issue a permit when all environmental areas have been properly identified in the site plan and he/she determines the land disturbing activity will not cause damage or hazard to persons or property adjacent to the areas of the activity and is consistent with the terms of this ordinance and other laws of A-CC.

LAND CLASSIFICATION (INCLUDES BUFFER WIDTH)

The standards that will be used to identify whether a feature falls within an "environmental area" are described. The width of a buffer along a large river is defined as 100 feet (as measured from river bank at mean high water). The width of a buffer along perennial streams and lakes is defined as (option A) 50 feet; (option B) 75 feet; (option C) 25 feet. These widths are measured from the point where vegetation has been wrested by normal stream flow or wave action.

OFFICIAL MAP

The Commission shall adopt an official Environmental Areas Map to be incorporated into the ordinance. An applicant for an Environmental Areas Review Permit must delineate environmental areas on a site plan (which must be approved by planning staff) based on field data and site evaluation; this more detailed site map takes precedence over the official Environmental Areas Map in determining what areas are subject to the terms of the ordinance.

PERMITTED USES IN THE FLOODPLAIN

  1. Excavation and fill to plant new trees or vegetation.
  2. Restoration or enhancement of environmental areas consistent with state and federal standards and guidelines.
  3. Placement of structures that don't require a grading or building permit.
  4. Routine repair and maintenance of existing uses and structures.
  5. Emergency action of A-CC to mitigate a hazard and measures to remove nuisances or other violations of law.
  6. Ordinary maintenance and landscaping of existing disturbed areas, home gardens, repairs, additions of 10% or less of existing lot coverage, minor modification of existing single family dwellings, cutting of firewood for personal use so long as canopy cover isn't reduced.
  7. Natural water quality treatment or purification.
  8. New public or private transportation or utility stream crossings and water and sewer lines that run parallel to stream (with some safeguards specified).
  9. Walkways and bike paths constructed of porous materials whenever feasible.
  10. New storm water pretreatment facilities provided they can't feasibly be located elsewhere.
  11. Timber production and forestry so long as a 70% tree canopy is maintained, no trees are removed w/n 25 feet of stream bank, forestry activity is consistent with Best Management Practices, and forestry activity doesn't impair water quality pursuant to the Clean Water Act.
  12. Agricultural production and management so long as it is consistent with Best Management Practices, doesn't impair water quality, and is consistent with all state and federal laws and regulations.
  13. Existing land uses except when that land use is enlarged, is moved to another portion of the property, or ceases for a period of more than one year.

PROHIBITED USES IN THE FLOODPLAIN

  1. Hazardous waste handling.
  2. Hazardous and solid waste landfills.
  3. New structures that require grading or a building permit.
The ordinance includes requirements for balancing cuts and fills in the floodplain.

PERMITTED USES IN RIPARIAN BUFFER AREAS

  1. Enhancement and restoration projects designed to improve water quality or provide other environmental benefits so long as they are consistent w/ state and federal standards.
  2. Placement of structures that don't require a grading or building permit.
  3. Repair, maintenance, and replacement of existing structures that don't increase the existing structural footprint in the riparian buffer. The disturbed portion of the buffer must be restored and non-native vegetation replaced with native plants.
  4. Construction of new structures that cover no more than 10% of the buffer on a lot or parcel but which are no closer than 25 feet from the bank.
  5. Construction of one single-family home located on a tract of at least 2 acres in size w/ no other dwelling on the tract.
  6. Structures which can't by their nature be located outside the buffer such as boat ramps or canoe launches, provided they meet all requirements of the Erosion and Sedimentation Control Act, protect the integrity of the buffer area as well as reasonably possible, and do not impair drinking water.
  7. Emergency action of A-CC to mitigate a hazard and measures to remove nuisances or other violations of law.
  8. Natural water quality treatment or purification.
  9. New public or private transportation or utility stream crossings and water and sewer lines that run parallel to stream (with some safeguards specified).
  10. Walkways and bike paths constructed of porous materials whenever feasible.
  11. New storm water pretreatment facilities provided they can't feasibly be located elsewhere.
  12. Timber production and forestry so long as a 70% tree canopy is maintained, no trees are removed w/n 25 feet of stream bank, forestry activity is consistent with Best Management Practices, and forestry activity doesn't impair water quality pursuant to the Clean Water Act.
  13. Agricultural production and management so long as it is consistent with Best Management Practices, doesn't impair water quality, and is consistent with all state and federal laws and regulations.
  14. Existing land uses except when that land use is enlarged, is moved to another portion of the property, or ceases for a period of more than one year. Wildlife and fisheries management activities.

MINIMUM BUILDABLE AREA REQUIRED

All lots modified by lot line adjustments or new lots created from existing lots which contain environmental areas must contain a buildable area of sufficient size to accommodate the uses permitted in the underlying zone, even if the effect is to prohibit further division of lots that are larger than the minimum size permitted in the zoning ordinance.

DENSITY TRANSFER

Density may be transferred out of unbuildable areas to buildable areas of a lot so long as a covenant is recorded which limits Land Disturbing Activity or construction on the area from which density is transferred and the density within the buildable area does not exceed twice the permitted density allowed by the underlying zone.

VARIANCES

The Board of Adjustments may grant a variance, subject to conditions and a mitigation plan, where there the requirements represent an extreme hardship for the landowner such that little or no reasonable economic use of the land is available without a variance.

Planning staff may permit a minor variance, a reduction in buffer width over a portion of a property in exchange for an increase in buffer width elsewhere on the same property such that the average buffer width is that specified by law ( 25, 50, or 75 feet depending on how the commission votes). In no case can a minor variance decrease buffer width more than 25 feet.