§ 6-9. Definitions.

For the purpose of this chapter, the following definitions shall apply in the interpretation and enforcement of this chapter unless otherwise specifically stated. Words used in the singular shall include the plural and the plural singular; words used in the present tense shall include the future tense. The word "shall" is mandatory and not discretionary. The word "may" is permissive. The phase "used for" shall include the phases "arranged for," "designed for," "intended for," "maintained for" and "occupied for." Words not defined herein shall be construed to have the meanings given by common and ordinary use as defined by Webster's Third New International Dictionary, copyright 1970.

(The) manual means the most current version of the Manual for Erosion and Sediment Control in Georgia, published by the State Soil and Water Conservation Commission.

Appeal means a request for a review of the City's interpretation of any provision of this chapter or a request for a variance.

As-built drawings means amended site plans specifying the locations, dimensions, elevations, capacities and operational capabilities of road and drainage structures and facilities as they have been constructed.

Best management practices (BMP's) means these include sound conservation and engineering practices to prevent and minimize erosion and resultant sedimentation, which are consistent with, and no less stringent than, those practices contained in the "Manual for Erosion and Sediment Control in Georgia" published by the Commission as of January 1 of the year in which the land-disturbing activity was permitted.

Board means the Georgia Board of Natural Resources.

Buffer means the area of land immediately adjacent to the banks of State waters in its natural state of vegetation, which facilitates the protection of water quality and aquatic habitat.

City Council or Council means the City Council of Hinesville.

City Manager means the City Manager of Hinesville.

Certified personnel means a person who has successfully completed the appropriate certification course approved by the Georgia Soil and Water Conservation Commission.

Commission means the State Soil and Water Conservation Commission.

Construction means any alteration of land for the purpose of achieving its development or changed use, including particularly any preparation for, building of or erection of a structure.

CPESC means Certified Professional in Erosion and Sediment Control with current certification by Certified Profession in Erosion and Sediment Control Inc., a corporation registered in North Carolina, which is also referred to as CPESC or CPESC, Inc.

Cut means a portion of land surface or area from which earth has been removed or will be removed by excavation; the depth below original ground surface to the excavated surface. Also known as "Excavation."

Department means the Georgia Department of Natural Resources (DNR).

Department of Public Works means that organization which performs the duties of the City Public Works Department.

Design professional means a professional licensed by the State of Georgia in the field of: engineering, architecture, landscape architecture, forestry, geology, or land surveying; or a person that is a Certified Professional in Erosion and Sediment Control (CPESC) with a current certification by Certified Professional in Erosion and Sediment Control Inc.

Detention facility means a facility, which provides for storage of storm water runoff and controlled release of this runoff during a storm. This facility only contains water during the storage period.

Developer means any person who acts in his own behalf or as the agent of an owner of property and engages in alteration of land or vegetation in preparation for construction activity.

Development means any action in preparation for construction activities, which results in alteration of either land or vegetation. This definition shall not apply to individual single-family dwelling unit construction within a subdivision recorded subsequent to September 19, 1991, or to alteration, modification or additions to single-family dwelling units except for, in either case, individual single-family lots where site plans for each are required by special designation on the recorded plat or such lots are located within the intermediate regional floodplain. For the purpose of this section, only the alterations of the drainage system shall be deemed to be development on individual single-family lots.

Director means the Director of the Environmental Protection Division or an authorized representative.

Director of Inspections means the City Building Official, who is the department head of the Building Inspections Department or his designee.

Director of Public Works means the Public Works Director of the City or his designee.

District means the Coastal Soil and Water Conservation District.

Division means the Environmental Protection Division (EPD) of the Department of Natural Resources.

Drainage means a general term applied to the removal of surface or subsurface water from a given area either by gravity or by pumping, commonly applied herein to surface water.

Drainage plan means a plan prepared by a professional engineer using appropriate and commonly accepted engineering standards which specifies the means for alteration or development of a drainage system.

Drainage structure means a device composed of a virtually nonerodible material such as concrete, steel, plastic or other such material that conveys water from one place to another by intercepting the flow and carrying it to a release point for storm water management, drainage control, or flood control purposes.

Drainage system means the surface and subsurface system for the removal of water from the land, including both the natural elements of streams, marshes, swales and ponds whether of an intermittent or continuous nature, and the manmade element which includes culverts, ditches, channels, retention facilities and the storm sewer system and easements in which the facilities are contained.

Erosion, sedimentation and pollution control plan means a plan required by the Erosion and Sedimentation Act, O.C.G.A. Chapter 12-7, that includes, as a minimum protections at least as stringent as the state general permit, best management practices, and requirements in subsection 6-121(c).

Erosion means the process by which land surface is worn away by the action of wind, water, ice or gravity.

Existing grade means the vertical location of the existing ground surface prior to cutting or filling.

Fill means a portion of land surface to which soil or other solid material has been added; the depth above the original ground surface or an excavation.

Final stabilization means all soil disturbing activities at the site have been completed, and that for unpaved areas and areas not covered by permanent structures and areas located outside the waste disposal limits of a landfill cell that has been certified by EPD for waste disposal, 100 percent of the soil surface is uniformly covered in permanent vegetation with a density of 70 percent or greater, or equivalent permanent stabilization measures (such as the use of rip rap, gabions, permanent mulches or geotextiles) have been used. Permanent vegetation shall consist of: planted trees, shrubs, perennial vines; a crop of perennial vegetation appropriate for the time of year and region; or a crop of annual vegetation and a seeding of target crop perennials appropriate for the region. Final stabilization applies to each phase of construction.

Finished grade means the final elevation and contour of the ground after cutting or filling and conforming to the proposed design.

Flood hazard boundary map (FHBM) means an official map of a community, issued by the Federal Insurance Administration, where the boundaries of the areas of special flood hazard have been designated as Zone A.

Flood insurance rate map (FIRM) means an official map of a community on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

Flood insurance study means the official report provided by the Federal Insurance Administration. The report contains flood profiles, as well as the flood hazard boundary-floodway map and the water surface elevation of the base flood.

Flood means a temporary rise in the level of rivers, streams and lakes which results in inundation of areas not ordinarily covered by water.

Grading means the altering the shape of ground surfaces to a predetermined condition; this includes stripping, cutting, filling, stockpiling and shaping or any combination thereof and shall include the land in its cut or filled condition.

Ground elevation means the original elevation of the ground surface prior to cutting or filling.

Hydraulic means the branch of applied mechanics dealing with the behavior of storm water either on the surface or with designed drainage structures.

Hydrology means the branch of applied mechanics dealing with the behavior of fluid below the surface in its natural environment.

Intermediate floodplain (100-year floodplain) means the land areas within the intermediate regional floodplain elevation contour as defined on the flood hazard map.

Intermediate regional flood (100-year flood) means a 100-year frequency flood as defined on the flood hazard map which has a probability of occurring once every 100 years or having a one percent chance of occurring each year.

Land disturbing activity means any activity which may result in soil erosion from water or wind and the movement of sediments into State waters or onto lands within the State including, but not limited to, clearing, dredging, grading, excavating, transporting and filing of land but not including agricultural practices as described in subsection 6-107(5).

Larger common plan of development or sale means a contiguous area where multiple separate and distinct construction activities are occurring under one plan of development or sale. For the purposes of this paragraph, "plan" means an announcement; piece of documentation such as a sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning request, or computer design; or physical demarcation such as boundary signs, lot stakes, or surveyor makings, indicating that construction activities may occur on a specific plot.

LCPC means Liberty Consolidated Planning Commission.

Live retention means that quantity of water capable of being effectively contained by a designated facility for storm water storage for a specified period of time.

Local Issuing Authority means the governing authority of any county or municipality which is certified pursuant to O.C.G.A. § 12-7-8(a).

Maintenance of retention facility means preserving the enclosing walls or impounding embankment of the retention facility in good condition; ensuring structural soundness, functional adequacy and freedom from sediment; and rectifying any unforeseen erosion problems.

Metropolitan River Protection Act (MRPA) means a State law referenced as O.C.G.A. §§ 12-5-440 et seq., which addresses environmental and developmental matters in certain metropolitan river corridors and their drainage basins.

Natural ground surface means the ground surface in its original state before any grading, excavation or filling.

Nephelometric turbidity units (NTU) means numerical units of measure based upon photometric analytical techniques for measuring the light scattered by finely divided particles of a substance in suspension. This technique is used to estimate the extent of turbidity in water in which colloidally dispersed particles are present.

NOI means a notice of Intent form provided by EPD for coverage under the state general permit.

NOT means a notice of termination form provided by EPD to terminate coverage under the State general permit.

100-year floodplain means the land in the floodplain subject to a one percent or greater statistical occurrence probability of flooding in any given year.

Operator means the party or parties that have:

(1)

Operational control of construction project plans and specifications, including the ability to make modifications to those plans and specifications, or

(2)

Day-to-day operational control of those activities that are necessary to ensure compliance with an erosion, sedimentation and pollution control plan for the site or other permit conditions, such as a person authorized to direct workers at a site to carry out activities required by the erosion, sedimentation and pollution control plan or to comply with other permit conditions.

Outfall means the location where storm water in a discernible, confined and discrete conveyance, leaves a facility or site or, if there is a receiving water on site, becomes a point source discharging into that receiving water.

Owner means the person in whom is vested the fee ownership, domain or title of property, the proprietor; this term may also include a tenant, if chargeable under his lease for the maintenance of the property, and any agent of the owner or tenant including a developer.

Permit means the authorization necessary to conduct a land disturbing activity under the provisions of this chapter.

Person means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, State agency, municipality or other political subdivision of this State, any interstate body or any other legal entity.

Phase or phases means sub-parts or segments of construction projects where the sub-part or segment is constructed and stabilized prior to completing construction activities on the entire construction site.

Project means the entire proposed development project regardless of the size of the area of land to be disturbed.

Properly designed means designed in accordance with the design requirements and specifications contained in the "Manual for Erosion and Sediment Control in Georgia" (Manual) published by the Georgia Soil and Water Conservation Commission as of January 1 of the year in which the land-disturbing activity was permitted and amendments to the manual as approved by the Commission up until the date of NOI submittal.

Reach means a longitudinal segment of a stream or river measured along specified points on the stream or river.

Retention facility means a facility which provides for storage of storm water runoff and controlled release of this runoff during and after a flood or storm. This facility normally contains water at all times.

Roadway drainage structure means a device such as a bridge, culvert, or ditch, composed of a virtually nonerodible material such as concrete, steel, plastic, or other such material that conveys water under a roadway by intercepting the flow on one side of a traveled roadway consisting of one or more defined lanes, with or without shoulder areas, and carrying water to a release point on the other side.

Runoff coefficient means the ratio of runoff to rainfall.

Run-off means the portion of precipitation on the land, which reaches the drainage system.

Sediment means solid material, both organic and inorganic, that is in suspension, is being transported, or has been moved from its site of origin by wind, water, ice or gravity as a product of erosion.

Sedimentation facility means a retention or detention facility specifically developed for the purpose of allowing the deposit of sediment resulting from the land development process which may be constructed as part of or separately from a retention facility.

Sedimentation means the process by which eroded material is transported and deposited by the action of water, wind, ice or gravity.

Site plan means that plan required to obtain a development, construction or building permit which shows the means by which the developer will conform with applicable provisions of this chapter and other applicable ordinances.

Soil and water conservation district approved plan means an erosion, sedimentation and pollution control plan approved in writing by the soil and water conservation district.

Stabilization means the process of establishing an enduring soil cover of vegetation by the installation of temporary or permanent structures for the purpose of reducing to a minimum the erosion process and the resultant transport of sediment by wind, water, ice or gravity.

State general permit means the National Pollution Discharge Elimination System (NPDES) general permit or permits for storm water runoff from construction activities as is now in effect or as may be amended or reissued in the future pursuant to the State's authority to implement the same through Federal delegation under the Federal Water Pollution Control Act, as amended, 33 U.S.C. Section 1251, et seq., and O.C.G.A. § 12-5-30(f).

State waters means any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of Georgia which are not entirely confined and retained completely upon the property of a single individual, partnership or corporation.

Structural erosion, sedimentation and pollution control practices means practices for the stabilization of erodible or sediment-producing areas by utilizing the mechanical properties of matter for the purpose of either changing the surface of the land or storing, regulating or disposing of runoff to prevent excessive sediment loss. Examples of structural erosion and sediment control practices are riprap, sediment basins, dikes, level spreaders, waterways or outlets, diversions, grade stabilization structures and sediment traps, etc. Such practices can be found in the publication Manual for Erosion and Sediment Control in Georgia.

Tree permit means that permit issued pursuant to chapter 18 (Trees and vegetation) of this Code.

Trout streams means all streams or portions of streams within the watershed as designated by the Wildlife Resources Division of the Georgia Department of Natural Resources under the provisions of the Georgia Water Quality Control Act, O.C.G.A. § 12-5-20 in the rules and regulations for Water Quality Control, Chapter 391-3-6 at www.gaepd.org. Streams designated as primary trout waters are defined as water supporting a self-sustaining population of rainbow, brown or brook trout. Streams designated as secondary trout waters are those in which there is no evidence of natural trout reproduction, but are capable of supporting trout throughout the year. First order trout waters are streams into which no other streams flow except springs.

Vegetative erosion and sedimentation control measures means measures for the stabilization of erosive or sediment-producing areas by covering the soil with: (1) Permanent seeding, sprigging or planting, producing long-term vegetative cover, (2) temporary seeding, producing short-term vegetative cover, or (3) sodding, covering areas with a turf of perennial sod-forming grass. Such measures can be found in the publication Manual for Erosion and Sediment Control in Georgia.

Watercourse means any natural or artificial watercourse, stream, river, creek, channel, ditch, canal, conduit, culvert, drain, waterway, gully, ravine or wash in which water flows either continuously or intermittently and which has a definite channel, bed and banks, and including any area adjacent thereto subject to inundation by reason of overflow or floodwater.

Wetlands means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.

(Code 1978, § 6-30; 1991-06, § 23-105, 9-19-1991; Ord. No. 1999-03, § I, 5-6-1999; Ord. No. 2004-06, § 1, 6-17-2004; Ord. No. 2010-07, § I, 6-17-2010)