§ 5-200. Chattahoochee River Tributary Protection: Stream Buffer Zones Required.

This section of the Unified Development Ordinance is adopted pursuant to the requirements of Georgia Code Section 12-5-453. Stream buffer zones for the Chattahoochee River Corridor are described in Section 500-10.5.B of this Unified Development Ordinance.

5-200.1   Findings and Purposes. The Gwinnett County Board of Commissioners finds that:

A.

The Chattahoochee River provides multiple benefits, which include use of the river as the primary water supply for metropolitan Atlanta.

B.

The water quality of the Chattahoochee River depends upon the water quality of the flowing streams tributary to the river.

C.

Sediment and other polluting materials and conditions, including but not limited to pesticides, nutrients such as nitrogen and phosphorus, toxic materials, and elevations in water temperatures, are harmful to the water quality of the river and its tributaries.

D.

The riparian vegetation along these watercourses helps preserve water quality. Dense tree growth helps to prevent stream bank erosion and streamside vegetation reduces the amount of sediment and other polluting materials that would otherwise wash into streams. Riparian trees, by shading, help maintain cooler water temperatures and thus enhance water quality.

5-200.2   Purposes are:

A.

Promote health, safety and general welfare; to minimize public and private losses due to erosion siltation and water pollution.

B.

Create vegetation buffer areas adjacent to tributary streams in the drainage basin of the Chattahoochee River.

5-200.3   Stream Buffer Zone. This protection area means the stream channel and the land area extending outward 35 horizontal feet from the banks on either side of all flowing streams in the drainage basins of all tributaries of the Chattahoochee River located in unincorporated Gwinnett County. A flowing stream is defined for the purpose of this section as any stream that is portrayed on the most current United States Geological Survey 7.5 minute quadrangle as a perennial stream 15 feet adjacent to the stream bank of said area will be left as a natural buffer and 35-foot minimum will be left as an accessory building setback. (This is not a change in the minimum rear yard setback nor permission to build in the floodplain.) Stream buffer zone (i.e., 15 feet from bank) must be shown on final subdivision plats, commercial and industrial site plans and multi-family residential site plans.

5-200.4

A.

Permit Required.

1.

No person shall engage in any land disturbing activity within the area without having obtained a subdivision development permit, site development permit, or building permit from the Development Division.

2.

No permit will be issued for any land disturbing activity within the protection area unless the land disturbing activity is for the purpose of constructing one of the following:

a.

A stream crossing by a driveway, transportation route, or a public utility including sanitary sewer lines.

b.

The construction of public utilities including sanitary sewer lines.

c.

A dam and/or impoundment, a detention, retention, or sediment control pond or facility.

B.

Exceptions. The provisions of this section shall not apply to:

1.

Any public agency or its contractor.

2.

Any person performing work within a right-of-way of any public agency pursuant to a permit issued by such public agency.

3.

Emergency work necessary to preserve life or property provided a written factual report is presented to the Director of Planning and Development within 10 days.

4.

Any development which has received a development permit prior to the adoption of this section.

5.

Any work consisting of the operation, repair or maintenance of any lawful use of land existing on the date of adoption of this section.