§ 26-155. Protection criteria.

(a)

All development within the Savannah River and Ogeechee River Corridor district shall maintain a natural vegetative buffer except as otherwise provided in this section.

(b)

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

(c)

Except as noted in this section, all construction within the buffer area is prohibited.

(d)

Exemptions from protection requirements are as follows:

(1)

Single-family dwellings, including the usual appurtenances, may be constructed within the buffer area subject to the following conditions:

a.

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

b.

The dwelling shall be located on a parcel of land containing at least two acres. For the purpose of these standards, the size of the parcel shall not include any area within the protected river (that is, for parcels that include the area between the river banks, that portion cannot be counted towards the two-acre minimum size).

c.

There shall be only one such dwelling on each two-acre or larger parcel of land. A septic tank serving such a dwelling may be located within the buffer area. However, the septic tank drainfields shall not be located within the buffer area.

(2)

Construction of road crossings and utility crossings of river corridors are exempt, provided that construction of such road and utility crossings shall meet all requirements of the Erosion and Sedimentation Control Act of 1975 (O.C.G.A. § 12-7-1 et seq.), and of the applicable local articles on soil erosion and sedimentation control.

(3)

Land use existing prior to the adoption of the ordinance from which this article is derived subject to the following conditions:

a.

Industrial and commercial uses of river corridors shall not impair the drinking quality of the river water; and

b.

Industrial and commercial activity within the river corridors shall meet all state and federal environmental rules and regulations.

(4)

Mining activities, if permitted by the state department of natural resources pursuant to the Georgia Surface Mining Act of 1968 (O.C.G.A. § 12-4-70 et seq.).

(5)

Utilities (except as discussed in subsection (d)(2) of this section), if such utilities cannot feasibly be located outside the buffer area (feasibility shall be decided conservatively by the local government), provided that:

a.

The utilities shall be located as far from the riverbank as reasonably possible;

b.

Installation and maintenance of the utilities shall be such as to protect the integrity of the buffer area as well as is reasonably possible; and

c.

Utilities shall not impair the drinking quality of the river water.

(6)

Specific forestry and agricultural activities except as discussed in subsection (d)(7) of this section.

(7)

The following acceptable uses of river corridors are allowed, provided that such uses do not impair the longterm functions of the protected river or the river corridor:

a.

Timber production and harvesting, subject to the following conditions:

1.

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

2.

Forestry activity shall not impair the drinking quality of the river water as defined by the Federal Clean Water Act, as amended.

b.

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

c.

Wastewater treatment.

d.

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-surfaced tennis court would not. Parking lots are not consistent with this criterion. Paths and walkways within the river corridor are consistent with this criterion.

e.

Natural water quality treatment or purification.

f.

Agricultural production and management, subject to the following conditions:

1.

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

2.

Agricultural activity shall not impair the drinking quality of the river water as defined by the federal Clean Water Act.

3.

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

g.

Other uses permitted by the state department of natural resources or under section 404 of the Clean Water Act.

(Ord. No. 99-08, § 5, 6-8-1999)