§ 10.5-7. Special administration and enforcement procedures for wetland protection districts.

(a)

Site Plans. Application for a local development permit within the City of Fitzgerald shall include a site plan, drawn at a scale of one (1) inch = fifty (50) feet, with the following information:

(1)

A map of all planned excavation and fill, including calculations of the volume of cut and fill involved, cross-sectional drawings showing existing and proposed grades. Elevations, horizontal scale and vertical scale must be shown on the cross-sectional drawings.

(2)

A map of any wetland boundaries occurring within the site must be provided. This boundary may be included on other maps provided by the applicant.

(3)

Location, dimensions and area of all impervious surfaces, both existing and proposed, on the site and adjacent to the site for a distance of two hundred (200) feet.

(4)

Elevations of the site and adjacent lands within two hundred (200) feet of the site at contour intervals of no greater than two (2) feet; and no greater than one-foot slopes less than or equal to two (2) percent.

(5)

All proposed temporary disruptions or diversions of local hydrology.

(b)

Activities to comply with state plan. All development activities or site work conducted after approval of the site plan shall conform with the specifications of said site plan. Significant changes to the site plan that would alter the amount and velocity of stormwater runoff from the site, increase the amount of impervious surface within the development, alter the overall density of development, result in a considerable increase in the amount of excavation, fill or removal of the overall appearance of the development as proposed, can be amended only with the approval of the zoning administrator and/or his designee.

(c)

Exemptions to site plan requirements. The following activities and developments are exempt from the requirement for detailed site plans:

(1)

Single-family detached homes constructed within a subdivision of fewer than five (5) parcels.

(2)

Repairs to a facility that is part of a previously approved and permitted development.

(3)

Construction of minor structures, such as sheds or additions to single-family residences.

(d)

Review procedures. The application shall be made to the zoning administrator and/or his designee and will be reviewed within fifteen (15) days. At the time of the application, the applicant shall pay a filing fee as specified by the City of Fitzgerald. Filing fees shall be as set from time to time by the City of Fitzgerald's mayor and council. The review period shall include the preparation of findings (approval, approval with conditions, or disapproval) by the zoning administrator and/or his designee. The applicant will receive written notification of the zoning administrator and/or his designee. Decisions of the zoning administrator and/or his designee may be appealed to the City of Fitzgerald after review and recommendation by the Fitzgerald-Ben Hill County Planning Commission.

(e)

Duration of permit validity.

(1)

If construction described in the development permit has not commenced within six (6) months from the date of issuance, the permit shall expire.

(2)

If construction described in the development permit is suspended or abandoned after work has commenced, the permit shall expire six (6) months after the date that work ceased.

(f)

Penalties.

(1)

When a building or other structure has been constructed in violation of this chapter, the violator may be required to remove the structure at the discretion of the zoning administrator and/or his designee.

(2)

When removal of vegetative cover, excavation or fill has taken place in violation of this chapter, the violator may be required to restore the affected land to its original contours and to restore vegetation, as far as practicable, at the discretion of the zoning administrator and/or his designee. Such actions shall be closely coordinated with the U.S. Army Corps of Engineers' supervision.

(3)

If the zoning administrator and/or his designee discover a violation of this chapter that also constitutes a violation of provisions of the Clean Water Act as amended, the zoning administrator and/or his designee shall issue written notification of the violation to the U.S. Environmental Protection Agency, the U.S. Army Corps of Engineers, and the landowner.

(g)

Suspension, revocation. The zoning administrator and/or his designee may suspend or revoke a permit if he finds that the applicant has not complied with the conditions or limitations set forth in the permit or has exceeded the scope of the work set forth in the permit. The zoning administrator and/or his designee may cause notice of denial, issuance, conditional issuance, revocation or suspension of a permit to be published in a daily newspaper having a broad circulation in the area where the affected wetlands protection districts are located.

(h)

Judicial review.

(1)

Jurisdiction. All final decisions of the City of Fitzgerald concerning denial, approval, or conditional approval of a permit shall be reviewable in the proper courts as provided by Georgia Law.

(i)

Amendments. This chapter section and the wetlands protection districts overlay map may from time to time be amended in accordance with procedures and requirements in the general statues and as new information concerning the protected environmentally sensitive areas become available.

(j)

Relief assessment. Assessors and boards of assessors should consider requirements of these regulations in determining the fair market value of land.

(k)

Separability and abrogation. All subsections of this wetlands protection districts section are considered separate and distinct. Should any subsection, paragraph, or part of this section be declared by a court of competent jurisdiction to be invalid for any reason, it shall not invalidate any subsection, paragraph, or part of these requirements.

(Ord. No. 03-1319, § 10A-7, 6-30-03)