TITLE 8 PLANNING AND ZONING* - Augusta, Georgia

TITLE 8

PLANNING AND ZONING*

Article 1 In General

Sec. 8-1-1. Statutory authorization.Sec. 8-1-2. Findings of fact.Sec. 8-1-3. Statement of purpose.Sec. 8-1-4. Objectives.Secs. 8-1-5—8-1-9. Reserved.

Article 2 Definitions

Sec. 8-1-10. Specific definitions.Secs. 8-1-11—8-1-15. Reserved.

Article 3 General Provisions

Sec. 8-1-16. Lands to which this chapter applies.Sec. 8-1-17. Basis for establishing the areas of special flood hazard.Sec. 8-1-18. Establishment of development permit.Sec. 8-1-19. Compliance.Sec. 8-1-20. Abrogation and greater restrictions.Sec. 8-1-21. Interpretation.Sec. 8-1-22. Warning and disclaimer of liability.Sec. 8-1-23. Enforcement and penalties for violation.Secs. 8-1-24—8-1-28. Reserved.

Article 4 Administration

Sec. 8-1-29. Designation of executive director.Sec. 8-1-30. Permit procedures.Sec. 8-1-31. Duties and responsibilities of the executive director.Sec. 8-1-32. Variance procedures.Secs. 8-1-33—8-1-42. Reserved.

Article 5 Provisions for Flood Hazard Reduction

Sec. 8-1-43. General standards.Sec. 8-1-44. Specific standards.Sec. 8-1-45. Building standards for streams without established base flood

elevations and/or floodways (A-zones).Sec. 8-1-46. Standards for subdivision proposals.Sec. 8-1-47. Standards for areas of shallow flooding (AO zones).Secs. 8-1-48—8-1-50. Reserved.Sec. 8-1-51. Severability.


Secs. 8-2-1—8-2-20. Reserved.

Article 2 Tax Verification Permits

Sec. 8-2-21. Defined.

*Note—The current Comprehensive Zoning Ordinance is maintained at the Augusta-Richmond County Planning Commission.

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Sec. 8-2-22. Persons owning or having mobile home located within Augusta-Richmond County required to obtain.

Sec. 8-2-23. Occupancy of mobile home without valid permit prohibited.Sec. 8-2-24. Application; permit; decal form; applicant information.Sec. 8-2-25. Proof of paid taxes required of applicants.Sec. 8-2-26. Location or relocation permit—Required when initially locating

or relocating.Sec. 8-2-27. Same—Required when changing location within Augusta-Rich-

mond County or relocating outside Augusta-Richmond County.Sec. 8-2-28. Same—Fee; issuance of permit and decal; placement of decal.Sec. 8-2-29. Same—Notice to Augusta-Richmond County of destination when-

ever relocation outside Augusta-Richmond County authorized.Sec. 8-2-30. Annual permits for continued location required; fee; issuance of

permit and decal; placement of decal.Sec. 8-2-31. Zoning requirements not superseded by permit issuance.Sec. 8-2-32. Payment of fees into treasury.Sec. 8-2-33. Dealers required to file annual inventory.Sec. 8-2-34. Responsibilities of park owners, operators.Sec. 8-2-35. Violations; penalties.


Sec. 8-3-1. Incorporation of subdivision regulations.

Article 2 Plats

Sec. 8-3-2. Prerequisites to approval of final plat; completion of improve-ments.

Sec. 8-3-3. Guarantee in lieu of completion.Sec. 8-3-4. Time limit.Sec. 8-3-5. Inspection, certification and acceptance of improvements.Sec. 8-3-6. Release.Sec. 8-3-7. Forfeiture.Sec. 8-4-1. Purpose.Sec. 8-4-2. Definitions.Sec. 8-4-3. Establishment of tree commission.Sec. 8-4-4. Administration.Sec. 8-4-5. Public tree protection.Sec. 8-4-6. Tree protection zone; official tree list.Sec. 8-4-7. Planting and maintenance standards.Sec. 8-4-8. Moving buildings or other large objects.Sec. 8-4-9. Landmark trees.Sec. 8-4-10. Nuisance trees and shrubs.Sec. 8-4-11. Greenspace requirements for private and public development.Sec. 8-4-12. Compliance.Sec. 8-4-13. Landscape establishment bond.Sec. 8-4-14. Appeals and variances.Sec. 8-4-15. Abrogation and greater restrictions.Sec. 8-4-16. Severability.Sec. 8-4-17. Enforcement, violation and penalty.


Sec. 8-5-1. Incorporation of zoning ordinance by reference.Sec. 8-5-2. Amendments to zoning ordinance, map and subdivision regula-

tions.Secs. 8-5-3—8-5-10. Reserved.

AUGUSTA-RICHMOND COUNTY CODE, READOPTED 7-10-2007

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Article 2 Road Naming and Addressing

Sec. 8-5-11. Authority.Sec. 8-5-12. Short title.Sec. 8-5-13. Jurisdiction.Sec. 8-5-14. Purpose.Sec. 8-5-15. Assignment of responsibility for naming roads and addressing of

said roads.Sec. 8-5-16. Approval of road names.Sec. 8-5-17. Establishment of uniform numbering system.Sec. 8-5-18. Issuance of street and/or mailing addresses.Sec. 8-5-19. Responsibility for placement of numbers.Sec. 8-5-20. Location and installation.Sec. 8-5-21. New roads.Sec. 8-5-22. Existing roads.Sec. 8-5-23. Liability.Sec. 8-5-24. Effective date.Sec. 8-5-25. Provisions severable.Sec. 8-6-1. Authority.Sec. 8-6-2. Short title.Sec. 8-6-3. Purpose.Sec. 8-6-4. Objectives.Sec. 8-6-5. Establishment of a groundwater recharge area district.Sec. 8-6-6. Determination of pollution susceptibility.Sec. 8-6-7. Permit requirements, administration, and enforcement.Sec. 8-6-8. Permit requirement.Sec. 8-6-9. Administration.Sec. 8-6-10. Enforcement.Sec. 8-6-11. Groundwater protection standards.Sec. 8-6-12. Judicial review.Sec. 8-6-13. Amendments.Sec. 8-6-14. Assessment relief.Sec. 8-6-15. Separability and abrogation.Sec. 8-6-16. Definitions.Sec. 8-7-1. Authority.Sec. 8-7-2. Purpose.Sec. 8-7-3. Title.Sec. 8-7-4. District delineation.Sec. 8-7-5. Site plan requirements.Sec. 8-8-1. Incorporation of site plan regulations.Sec. 8-9-1. Purpose.Sec. 8-9-2. Acceptance of deeds of dedication of streets and utilities.Sec. 8-9-3. Appeal.

PLANNING AND ZONING

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Chapter 1

FLOOD DAMAGE PREVENTION

ARTICLE 1 IN GENERAL

Sec. 8-1-1. Statutory authorization.

The Legislature of the State of Georgia has, inArticle IX, Sec. II, Paragraph IV of the Constitu-tion, delegated the responsibility to local govern-mental units to adopt regulations designed topromote the public health, safety and generalwelfare of its citizenry. Therefore, the Augusta-Richmond County Commission does ordain theprovisions of this chapter.(Ord. No. 6321, § 1, 10-17-00)

Sec. 8-1-2. Findings of fact.

(a) The flood hazard areas of Augusta, Georgiaare subject to periodic inundation which resultsin loss of life and property, health and safetyhazards, disruption of commerce and governmen-tal services, extraordinary public expendituresfor flood relief and protection, and impairment ofthe tax base, all of which adversely affect thepublic health, safety and general welfare.

(b) These flood losses are caused by the occu-pancy in flood hazard areas of uses vulnerable tofloods, which are inadequately elevated, flood-proofed, or otherwise unprotected from flood dam-ages, and by the cumulative effect of obstructionsin floodplains causing increases in flood heightsand velocities.(Ord. No. 6321, § 1, 10-17-00)

Sec. 8-1-3. Statement of purpose.

It is the purpose of this chapter to promote thepublic health, safety and general welfare and tominimize public and private losses due to floodconditions in specific areas by provisions designedto:

(a) Restrict or prohibit uses which are dan-gerous to health, safety and property dueto water or erosion hazards, or whichincrease flood heights, velocities, or ero-sion;

(b) Require that uses vulnerable to floods,including facilities which serve such uses,be protected against flood damage at thetime of initial construction;

(c) Control the alteration of naturalfloodplains, stream channels, and naturalprotective barriers which are involved inthe accommodation of flood waters;

(d) Control filling, grading, dredging and otherdevelopment which may increase flooddamage or erosion; and

(e) Prevent or regulate the construction offlood barriers which will unnaturally di-vert flood waters or which may increaseflood hazards to other lands.

(Ord. No. 6321, § 1, 10-17-00)

Sec. 8-1-4. Objectives.

The objectives of this chapter are:

(a) To protect human life and health;

(b) To minimize expenditure of public moneyfor costly flood control projects;

(c) To minimize the need for rescue and reliefefforts associated with flooding and gen-erally undertaken at the expense of thegeneral public;

(d) To minimize prolonged business interrup-tions;

(e) To minimize damage to public facilitiesand utilities such as water and gas mains,electric, telephone and sewer lines, streetsand bridges located in floodplains;

(f) To help maintain a stable tax base byproviding for the sound use and develop-ment of flood prone areas in such a man-ner as to minimize flood blight areas; and

(g) To insure that potential home buyers arenotified that property is in a flood area.

(Ord. No. 6321, § 1, 10-17-00)


§ 8-1-9PLANNING AND ZONING

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ARTICLE 2 DEFINITIONS

Sec. 8-1-10. Specific definitions.

Unless specifically defined below, words orphrases used in this chapter shall be interpretedso as to give them the meaning they have incommon usage and to give this chapter its mostreasonable application:

(a) Addition (to an existing building). Anywalled and roofed expansion to the perim-eter of a building in which the addition isconnected by a common load-bearing wallother than a fire wall. Any walled androofed addition which is connected by afire wall or is separated by an indepen-dent perimeter load-bearing wall shall beconsidered "new construction".

(b) Appeal. A request for a review of theexecutive director's interpretation of anyprovision of this chapter or a request for avariance.

(c) Area of shallow flooding. A designated AOor AH Zone on a community's flood insur-ance rate map (FIRM) with base flooddepths from one (1) to three (3) feet,and/or where a clearly defined channeldoes not exist, where the path of floodingis unpredictable and indeterminate, andwhere velocity flow may be evident.

(d) Area of special flood hazard. The land inthe floodplain within a community sub-ject to a one (1) percent or greater chanceof flooding in any given year. In the ab-sence of official designation by the Fed-eral Emergency Management Agency, ar-eas of special flood hazard shall be thosedesignated by the local community andreferenced in article 3, section 8-1-17.

(e) Base flood. The flood having a one (1)percent chance of being equaled or ex-ceeded in any given year.

(f) Basement. That portion of a building hav-ing its floor subgrade (below ground level)on all sides.

(g) Building. Any structure built for support,shelter, or enclosure for any occupancy orstorage.

(h) City engineer. The city engineer for Au-gusta, GA.

(i) Commission. The Augusta Commission.

(j) Development. Any man-made change toimproved or unimproved real estate, in-cluding, but not limited to, buildings orother structures, mining, dredging, fill-ing, grading, paving, excavating, drillingoperations, and permanent storage of ma-terials or equipment.

(k) Elevated building. A non-basement build-ing built to have the lowest floor of thelowest enclosed area elevated above theground level by means of fill, solid foun-dation perimeter walls, pilings, columns,piers, or shear walls adequately anchoredso as not to impair the structural integrityof the building during a base flood event.

(l) Executive Director. The Executive Direc-tor of the Augusta-Richmond County Plan-ning Commission.

(m) Existing construction. Any structure forwhich the "start of construction" com-menced before the effective date of thefirst floodplain management ordinanceadopted by Augusta, GA as a basis forAugusta's participation in the nationalflood insurance program (NFIP).

(n) Existing manufactured home park or sub-division. A manufactured home park orsubdivision for which the construction offacilities for servicing the lots on whichthe manufactured homes are to be affixed(including at a minimum the installationof utilities, the construction of streets,and final site grading or the pouring ofconcrete pads) is completed before theeffective date of the first floodplain man-agement ordinance adopted by Augustaas a basis for Augusta's participation inthe national flood insurance program(NFIP).

(o) Expansion to an existing manufacturedhome park or subdivision. The prepara-tion of additional sites by the constructionof facilities for servicing the lots on whichthe manufactured homes are to be affixed,

§ 8-1-10 AUGUSTA-RICHMOND COUNTY CODE, READOPTED 7-10-2007

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including the installation of utilities, theconstruction of streets, and either finalsite grading or the pouring of concretepads.

(p) Flood or flooding. A general and tempo-rary condition of partial or complete inun-dation of normally dry land areas from:

(1) The overflow of inland or tidal wa-ters; or

(2) The unusual and rapid accumula-tion or runoff of surface waters fromany source.

(q) Flood hazard boundary map (FHBM). Anofficial map of a community, issued by thefederal insurance administration, wherethe boundaries of areas of special floodhazard have been defined as Zone A.

(r) Flood insurance rate map (FIRM). Anofficial map of a community, issued by thefederal insurance administration, delin-eating the areas of special flood hazardand/or risk premium zones applicable tothe community.

(s) Flood insurance study. The official reportby the federal insurance administrationevaluating flood hazards and containingflood profiles and water surface eleva-tions of the base flood.

(t) Floodplain. Any land area susceptible toflooding.

(u) Floodway. The channel of a river or otherwatercourse and the adjacent land areasthat must be reserved in order to dis-charge the base flood without cumula-tively increasing the water surface eleva-tion more than a designated height.

(v) Floodway fringe, lower. The portion of thearea of special flood hazard that is locatedbetween the limit of the floodway and aline connecting all points half the dis-tance between the floodway and the limitof the area of special flood hazard.

(w) Floodway fringe, upper. The portion of thearea of special flood hazard that is located

between the lower floodway fringe andthe boundary of the area of special floodhazard.

(x) Floor. The top surface of an enclosed areain a building (including basement), i.e.top of slab in concrete slab construction ortop of wood flooring in wood frame con-struction. The term does not include thefloor of a garage used solely for parkingvehicles.

(y) Functionally dependent facility. A facilitywhich cannot be used for its intendedpurpose unless it is located or carried outin close proximity to water, such as adocking or port facility necessary for theloading and unloading of cargo or passen-gers, shipbuilding, ship repair, or seafoodprocessing facilities. The term does notinclude long-term storage, manufactur-ing, sales or service facilities.

(z) Highest adjacent grade. The highest nat-ural elevation of the ground surface, priorto construction, adjacent to the proposedfoundation of a building.

(aa) Historic structure. Any structure that is:

(1) Listed individually in the nationalregister of historic places (a listingmaintained by the U.S. Departmentof Interior) or preliminarily deter-mined by the Secretary of the Inte-rior as meeting the requirements forindividual listing on the national reg-ister;

(2) Certified or preliminarily determinedby the Secretary of the Interior ascontributing to the historical signif-icance of a registered historic dis-trict or a district preliminarily deter-mined by the secretary to qualify asa registered historic district;

(3) Individually listed on a state inven-tory of historic places and deter-mined as eligible by states with his-toric preservation programs whichhave been approved by the Secretaryof the Interior; or


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(4) Individually listed on a local inven-tory of historic places and deter-mined as eligible by communitieswith historic preservation programsthat have been certified either:

a) By an approved state programas determined by the Secretaryof the Interior; or

b) Directly by the Secretary of theInterior in states without ap-proved programs.

(bb) Lowest floor. The lowest floor of the lowestenclosed area, including basement. Anunfinished or flood resistant enclosure,used solely for parking of vehicles, build-ing access, or storage, in an area otherthan a basement, is not considered abuilding's lowest floor, provided that suchenclosure is not built so as to render thestructure in violation of other provisionsof this Code.

(cc) Manufactured home. A building, transport-able in one or more sections, built on apermanent chassis and designed to beused with or without a permanent foun-dation when connected to the requiredutilities. The term also includes park trail-ers, travel trailers, and similar transport-able structures placed on a site for onehundred and eighty (180) consecutive daysor longer and intended to be improvedproperty.

(dd) Mean sea level. The average height of thesea for all stages of the tide. It is used asa reference for establishing various eleva-tions within the floodplain. For purposesof this chapter, the term is synonymouswith national geodetic vertical datum(NGVD).

(ee) National geodetic vertical datum (NGVD).As corrected in 1929, is a vertical controlused as a reference for establishing vary-ing elevations within the floodplain.

(ff) New construction. ANY structure (see def-inition) for which the "start of construc-tion" commenced after the effective dateof the first floodplain management ordi-

nance adopted by Augusta, GA as a basisfor Augusta's participation in the nationalflood insurance program (NFIP) and in-cludes any subsequent improvements tothe structure.

(gg) New manufactured home park or subdivi-sion. A manufactured home park or sub-division for which the construction of fa-cilities for servicing the lots on which themanufactured homes are to be affixed(including at a minimum, the installationof utilities, the construction of streets,and either final site grading or the pour-ing of concrete pads) is completed on orafter the effective date of the first floodplainmanagement ordinance adopted by Au-gusta, GA as a basis for Augusta's partic-ipation in the national flood insuranceprogram (NFIP).

(hh) Recreational vehicle. A vehicle which is:

(1) Built on a single chassis;

(2) Four hundred (400) square feet orless when measured at the largesthorizontal projection;

(3) Designed to be self-propelled or per-manently towable by a light dutytruck; and

(4) Designed primarily not for use as apermanent dwelling but as tempo-rary living quarters for recreational,camping, travel, or seasonal use.

(ii) Start of construction. The date the devel-opment permit was issued, provided theactual start of construction, repair, recon-struction, or improvement was within onehundred and eighty (180) days of thepermit date. The actual start means thefirst placement of permanent construc-tion of the structure such as the pouringof slabs or footings, installation of piles,construction of columns, or any work be-yond the stage of excavation, and includesthe placement of a manufactured home ona foundation. (Permanent construction doesnot include initial land preparation, suchas clearing, grading and filling; nor does itinclude the installation of streets and/or


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walkways; nor does it include excavationfor a basement, footings, piers or founda-tions or the erection of temporary forms;nor does it include the installation on theproperty of buildings appurtenant to thepermitted structure, such as garages orsheds not occupied as dwelling units orpart of the main structure. (NOTE: Acces-sory structures are NOT exempt from anyordinance requirements) For a substan-tial improvement, the actual start of con-struction means the first alteration of anywall, ceiling, floor, or other structural partof a building, whether or not that alter-ation affects the external dimensions ofthe building.

(jj) Structure. A walled and roofed buildingthat is principally above ground, a manu-factured home, a gas or liquid storagetank.

(kk) Substantial damage. Damage of any ori-gin sustained by a structure whereby thecost of restoring the structure to its beforedamaged condition would equal or exceedfifty (50) percent of the market value ofthe structure before the damage occurred.

(ll) Substantial improvement. Any combina-tion of repairs, reconstruction, alteration,or improvements to a building, takingplace during a five-year period, in whichthe cumulative cost equals or exceeds fifty(50) percent of the market value of thestructure prior to the improvement. Themarket value of the building should be:

(1) The appraised value of the structureprior to the start of the initial repairor improvement; or

(2) In the case of damage, the value ofthe structure prior to the damageoccurring. This term includes struc-tures which have incurred "substan-tial damage", regardless of the ac-tual amount of repair work performed.

For the purposes of this definition, "sub-stantial improvement" is considered tooccur when the first alteration of anywall, ceiling, floor, or other structural partof the building commences, whether or

not that alteration affects the externaldimensions of the building. The term doesnot, however, include those improvementsof a building required to comply withexisting health, sanitary, or safety codespecifications which are solely necessaryto assure safe living conditions, whichhave been pre-identified by the code en-forcement official, and not solely trig-gered by an improvement or repair project.

(mm) Substantially improved existing manu-factured home parks or subdivisions. Wherethe repair, reconstruction, rehabilitationor improvement of the streets, utilitiesand pads equals or exceeds fifty (50) per-cent of the value of the streets, utilitiesand pads before the repair, reconstructionor improvement commenced.

(nn) Variance. A grant of relief from the re-quirements of this chapter which permitsconstruction in a manner otherwise pro-hibited by this chapter.

(Ord. No. 6321, § 1, 10-17-00)


ARTICLE 3 GENERAL PROVISIONS

Sec. 8-1-16. Lands to which this chapter ap-

plies.

This chapter shall apply to all areas of specialflood hazard within the jurisdiction of Augusta,Georgia.(Ord. No. 6321, § 1, 10-17-00)

Sec. 8-1-17. Basis for establishing the areas

of special flood hazard.

The areas of special flood hazard, identified bythe Federal Emergency Management Agency inits flood insurance study (FIS), dated February15, 1978 and March 4, 1980, with accompanyingmaps and other supporting data and any revisionthereto, are adopted by reference and declared apart of this chapter.

Areas of special flood hazard may also includethose areas known to have flooded historically or


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defined through standard engineering analysis bygovernmental agencies or private parties but notyet incorporated in a FIS.(Ord. No. 6321, § 1, 10-17-00)

Sec. 8-1-18. Establishment of development

permit.

A development permit shall be required, inconformance with the provisions of this chapter,PRIOR to the commencement of any developmentactivities.(Ord. No. 6321, § 1, 10-17-00)

Sec. 8-1-19. Compliance.

No structure or land shall hereafter be located,extended, converted or altered without full com-pliance with the terms of this chapter and otherapplicable regulations.(Ord. No. 6321, § 1, 10-17-00)

Sec. 8-1-20. Abrogation and greater restric-

tions.

This chapter is not intended to repeal, abro-gate, or impair any existing ordinance, ease-ments, covenants, or deed restrictions. However,where this chapter and another conflict or over-lap, whichever imposes the more stringent restric-tions shall prevail.(Ord. No. 6321, § 1, 10-17-00)

Sec. 8-1-21. Interpretation.

In the interpretation and application of thischapter all provisions shall be:

(a) Considered as minimum requirements;

(b) Liberally construed in favor of the Gov-erning Body; and

(c) Deemed neither to limit nor repeal anyother powers granted under state stat-utes.

(Ord. No. 6321, § 1, 10-17-00)

Sec. 8-1-22. Warning and disclaimer of lia-

bility.

The degree of flood protection required by thischapter is considered reasonable for regulatorypurposes and is based on scientific and engineer-

ing considerations. Larger floods can and willoccur; flood heights may be increased by man-made or natural causes. This chapter does notimply that land outside the areas of special floodhazard or uses permitted within such areas willbe free from flooding or flood damages. Thischapter shall not create liability on the part ofAugusta, GA, the Commission, and/or the Augusta-Richmond County Planning Commission or byany officer or employee thereof for any flooddamages that result from reliance on this chapteror any administrative decision lawfully madethereunder.(Ord. No. 6321, § 1, 10-17-00)

Sec. 8-1-23. Enforcement and penalties for

violation.

Violation of the provisions of this chapter orfailure to comply with any of its requirements,including violation of conditions and safeguardsestablished in connection with grants of varianceor special exceptions shall be reported to the cityengineer. Once a violation is evident, the cityengineer, acting on behalf of the commission,shall be empowered to notify the owner in writingof the apparent violation of this chapter. Thewritten notice shall direct the owner to cease thedevelopment activity until such time as the re-quirements and procedures of this chapter havebeen met. Upon failure of the owner to complywith this notice, the city engineer shall notify thecity attorney of the violation; and the city attor-ney shall immediately begin legal procedures inthe Superior Court of Richmond County to pre-vent, enjoin, abate or remove such violations inaddition to injunctive relief. All persons, firms orcorporations failing to comply with the manda-tory provisions hereof or doing any act prohibitedhereby shall be guilty of an offense and, uponconviction thereof, be fined not more than onethousand dollars ($1,000.00) or imprisoned fornot more than sixty (60) days, or both, and, inaddition, shall pay all costs and expenses involvedin the case. Each day such violation continuesshall be considered a separate offense. Nothingcontained herein shall prevent the commissionfrom taking such other lawful action as is neces-sary to prevent or remedy any violation.(Ord. No. 6321, § 1, 10-17-00)


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ARTICLE 4 ADMINISTRATION

Sec. 8-1-29. Designation of executive direc-

tor.

The Executive Director of the Augusta-Rich-mond County Planning Commission is herebyappointed to administer and implement the pro-visions of this chapter.(Ord. No. 6321, § 1, 10-17-00)

Sec. 8-1-30. Permit procedures.

Application for a development permit shall bemade to the executive director on forms furnishedby the community PRIOR to any developmentactivities, and may include, but not be limited tothe following: Plans in duplicate drawn to scaleshowing the elevations of the area in question andthe nature, location, dimensions, of existing orproposed structures, earthen fill placement, stor-age of materials or equipment, and drainagefacilities.

Specifically, the following information is re-quired:

(a) Application stage:

(1) Elevation in relation to mean sealevel (or highest adjacent grade) ofthe lowest floor, including basement,of all proposed structures;

(2) Elevation in relation to mean sealevel to which any non-residentialstructure will be flood-proofed;

(3) Design certification from a regis-tered professional engineer or archi-tect that any proposed non-residen-tial flood-proofed structure will meetthe flood-proofing criteria of article5, section 8-1-44(b);

(4) Description of the extent to whichany watercourse will be altered orrelocated as a result of a proposeddevelopment; and

(b) Construction stage: For all new construc-tion and substantial improvements, thepermit holder shall provide to the admin-

istrator an as-built certification of theregulatory floor elevation or flood-proof-ing level immediately after the lowestfloor or flood-proofing is completed. Anylowest floor certification made relative tomean sea level shall be prepared by orunder the direct supervision of a regis-tered land surveyor or professional engi-neer and certified by same. When flood-proofing is utilized for non-residentialstructures, said certification shall be pre-pared by or under the direct supervisionof a professional engineer or architect andcertified by same.

Any work undertaken prior to submissionof these certifications shall be at the per-mit holder's risk.

The executive director shall review theabove referenced certification data sub-mitted. Deficiencies detected by such re-view shall be corrected by the permitholder immediately and prior to furtherprogressive work being allowed to pro-ceed. Failure to submit certification orfailure to make said corrections requiredhereby, shall be cause to issue a stop-workorder for the project.

(Ord. No. 6321, § 1, 10-17-00)

Sec. 8-1-31. Duties and responsibilities of the

executive director.

Duties of the executive director shall include,but shall not be limited to:

(a) Review all development permits to assurethat the permit requirements of this chap-ter have been satisfied;

(b) Review proposed development to assurethat all necessary permits have been re-ceived from governmental agencies fromwhich approval is required by Federal orState law, including Section 404 of theFederal Water Pollution Control ActAmendments of 1972, 33 U.S.C. 1334.Require that copies of such permits beprovided and maintained on file.

(c) Notify adjacent communities and the Geor-gia Department of Natural Resources priorto any alteration or relocation of a water-


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course and submit evidence of such noti-fication to the Federal Emergency Man-agement Agency (FEMA).

(d) For any altered or relocated watercourse,submit engineering data/analysis withinsix (6) months to the FEMA to ensureaccuracy of community flood maps throughthe letter of map revision process. Assureflood carrying capacity of any altered orrelocated watercourse is maintained.

(e) Verify and record the actual elevation inrelation to mean sea level (or highestadjacent grade) of the lowest floor, includ-ing basement, of all new or substantiallyimproved structures in accordance witharticle 4, section 8-1-30(b).

(f) Verify and record the actual elevation, inrelation to mean sea level to which anynew or substantially improved structureshave been flood-proofed, in accordancewith article 4, section 8-1-30(b).

(g) When flood-proofing is utilized for a struc-ture, the executive director shall obtaincertification of design criteria from a reg-istered professional engineer or architectin accordance with article 4, section 8-1-30(a)(3) and article 5, section 8-1-44(b) orarticle 5, section 8-1-47(b).

(h) Where interpretation is needed as to theexact location of boundaries of the areasof special flood hazard (for example, wherethere appears to be a conflict between amapped boundary and actual field condi-tions) the executive director shall makethe necessary interpretation. Any personcontesting the location of the boundaryshall be given a reasonable opportunity toappeal the interpretation as provided inthis chapter.

(i) When base flood elevation data or floodwaydata have not been provided in accor-dance with article 3, section 8-1-17, thenthe executive director shall obtain, reviewand reasonably utilize any base flood ele-vation and floodway data available from afederal, state or other sources in order toadminister the provisions of article 5.

(j) All records pertaining to the provisions ofthis chapter shall be maintained in theoffice of the executive director and shallbe open for public inspection.

(Ord. No. 6321, § 1, 10-17-00)

Sec. 8-1-32. Variance procedures.

(a) The zoning board of appeals as establishedby the commission shall hear and decide requestsfor appeals or variance from the requirements ofthis chapter.

(b) The zoning board of appeals shall hear anddecide appeals when it is alleged an error in anyrequirement, decision, or determination is madeby the executive director in the enforcement oradministration of this chapter.

(c) Any person aggrieved by the decision of thezoning board of appeals may appeal such decisionto the Superior Court of Richmond County, Geor-gia, as provided in O.C.G.A. 5-4-1; however allappeals shall be on record and shall not be denovo.

(d) Variances may be issued for the repair orrehabilitation of historic structures upon a deter-mination that the proposed repair or rehabilita-tion will not preclude the structure's continueddesignation as a historic structure and the vari-ance is the minimum to preserve the historiccharacter and design of the structure.

(e) In reviewing such requests, the zoning boardof appeals shall consider all technical evaluations,relevant factors, and all standards specified inthis and other sections of this chapter, and:

(1) The danger that materials may be sweptonto other lands to the injury of others;

(2) The danger to life and property due toflooding or erosion damage;

(3) The susceptibility of the proposed facilityand its contents to flood damage and theeffect of such damage on the individualowner;

(4) The importance of the services providedby the proposed facility to the community;


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(5) The necessity to the facility of a water-front location, in the case of a functionallydependent facility;

(6) The availability of alternative locations,not subject to flooding or erosion damage,for the proposed use;

(7) The compatibility of the proposed usewith existing and anticipated develop-ment;

(8) The relationship of the proposed use tothe comprehensive plan and floodplainmanagement program for that area;

(9) The safety of access to the property intimes of flood for ordinary and emergencyvehicles;

(10) The expected heights, velocity, duration,rate of rise and sediment transport offloodwaters and the effects of wave action,if applicable, expected at the site; and

(11) The costs of providing governmental ser-vices during and after flood conditions,including maintenance and repair of pub-lic utilities and facilities such as sewer,gas, electrical, and water systems, andstreets and bridges.

(f) Upon consideration of the factors listedabove and the purposes of this chapter, the zoningboard of appeals may attach such conditions tothe granting of variances as it deems necessary tofurther the purposes of this chapter.

(g) Variances shall not be issued within anydesignated floodway, or lower floodway fringe, ifANY increase in flood levels during the base flooddischarge would result.

(h) Conditions for variances:

(1) The provisions of this chapter are mini-mum standards for flood loss reduction,therefore any deviation from the stan-dards must be weighed carefully. Vari-ances shall only be issued upon a deter-mination that the variance is the minimumnecessary, considering the flood hazard,to afford relief; and, in the instance of anhistoric structure, a determination that

the variance is the minimum necessary soas not to destroy the historic characterand design of the building.

(2) A variance shall be issued ONLY whenthere is:

(a) A finding of good and sufficient cause;

(b) A determination that failure to grantthe variance would result in excep-tional hardship; and

(c) A determination that the granting ofa variance will not result in in-creased flood heights, additionalthreats to public safety, extraordi-nary public expense, create nui-sance, cause fraud on or victimiza-tion of the public, or conflict withexisting local laws or ordinances.

(3) Any applicant to whom a variance isgranted shall be given written notice spec-ifying the difference between the baseflood elevation and the elevation of theproposed lowest floor and stating that thecost of flood insurance will be commensu-rate with the increased risk to life andproperty resulting from the reduced low-est floor elevation.

(i) The executive director shall maintain therecords of all appeal actions and report any vari-ances to the Federal Emergency ManagementAgency upon request.

(j) Variances may be issued for developmentnecessary for the conduct of a functionally depen-dent use, provided the criteria of this article aremet, no reasonable alternative exists, and thedevelopment is protected by methods that mini-mize flood damage during the base flood andcreate no additional threats to public safety.(Ord. No. 6321, § 1, 10-17-00)



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ARTICLE 5 PROVISIONS FOR FLOOD

HAZARD REDUCTION

Sec. 8-1-43. General standards.

In ALL areas of special flood hazard the follow-ing provisions are required:

(a) New construction and substantial improve-ments of existing structures shall be an-chored to prevent flotation, collapse orlateral movement of the structure;

(b) Manufactured homes shall be anchored toprevent flotation, collapse, or lateral move-ment. Methods of anchoring may include,but are not limited to, use of over-the-topor frame ties to ground anchors. Thisstandard shall be in addition to and con-sistent with applicable State require-ments for resisting wind forces;

(c) New construction and substantial improve-ments of existing structures shall be con-structed with materials and utility equip-ment resistant to flood damage;

(d) New construction or substantial improve-ments of existing structures shall be con-structed by methods and practices thatminimize flood damage;

(e) All heating and air conditioning equip-ment and components, all electrical, ven-tilation, plumbing, and other service facil-ities shall be designed and/or located so asto prevent water from entering or accu-mulating within the components duringconditions of flooding;

(f) New and replacement water supply sys-tems shall be designed to minimize oreliminate infiltration of flood waters intothe system;

(g) Replacement sanitary sewage systems shallbe designed to minimize or eliminate in-filtration of flood waters into the systemsand discharges from the systems into floodwaters;

(h) New on-site waste disposal systems shallbe located within the special flood hazardarea per the provisions of the GeorgiaOnsite Wastewater Regulations;

(i) Any alteration, repair, reconstruction orimprovement to a structure which is notcompliant with the provisions of this chap-ter, shall be undertaken only if the non-conformity is not furthered, extended orreplaced; and

(j) Elevated buildings. All new constructionor substantial improvements of existingstructures that include ANY fully en-closed area located below the lowest floorformed by foundation and other exteriorwalls shall be designed so as to be anunfinished or flood resistant enclosure.The enclosure shall be designed to equal-ize hydrostatic flood forces on exteriorwalls by allowing for the automatic entryand exit of floodwater.

(1) Designs for complying with this re-quirement must either be certifiedby a professional engineer or archi-tect or meet the following minimumcriteria:

a) Provide a minimum of two (2)openings having a total net areaof not less than one (1) squareinch for every square foot ofenclosed area subject to flood-ing;

b) The bottom of all openings shallbe no higher than one (1) footabove grade; and,

c) Openings may be equipped withscreens, louvers, valves or othercoverings or devices providedthey permit the automatic flowof floodwater in both direc-tions.

(2) So as not to violate the "Lowestfloor" criteria of this chapter, theunfinished or flood resistant enclo-sure shall only be used for parking ofvehicles, limited storage of mainte-nance equipment used in connectionwith the premises, or entry to theelevated area; and

(3) The interior portion of such enclosedarea shall not be partitioned or fin-ished into separate rooms.

(Ord. No. 6321, § 1, 10-17-00)


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Sec. 8-1-44. Specific standards.

In ALL areas of special flood hazard the follow-ing provisions are required:

(a) New construction and substantial improve-ments. Where base flood elevation dataare available, new construction or substan-tial improvement of any structure or man-ufactured home shall have the lowest floor,including basement, elevated no lowerthan three (3) feet above the base floodelevation. Should solid foundation perim-eter walls be used to elevate a structure,openings sufficient to facilitate the unim-peded movements of flood waters shall beprovided in accordance with standards ofarticle 5, section 8-1-43(j), "Elevated build-ings".

(b) Non-residential construction. New con-struction or the substantial improvementof any structure located in A1-30, AE, orAH zones, may be flood-proofed in lieu ofelevation. The structure, together withattendant utility and sanitary facilities,must be designed to be water tight tothree (3) feet above the base flood eleva-tion, with walls substantially imperme-able to the passage of water, and struc-tural components having the capability ofresisting hydrostatic and hydrodynamicloads and the effect of buoyancy. A regis-tered professional engineer or architectshall certify that the design and methodsof construction are in accordance withaccepted standards of practice for meet-ing the provisions above, and shall pro-vide such certification to the official as setforth above and in article 4, section 8-1-31(g).

(c) Standards for manufactured homes andrecreational vehicles. Where base floodelevation data are available:

(1) All manufactured homes placed orsubstantially improved on: (1) indi-vidual lots or parcels, (2) in new orsubstantially improved manufacturedhome parks or subdivisions, (3) inexpansions to existing manufacturedhome parks or subdivisions, or (4) on

a site in an existing manufacturedhome park or subdivision where amanufactured home has incurred"substantial damage" as the result ofa flood, must have the lowest floorincluding basement, elevated no lowerthan three (3) feet above the baseflood elevation.

(2) Manufactured homes placed or sub-stantially improved in an existingmanufactured home park or subdivi-sion may be elevated so that either:

(a) The lowest floor of the manu-factured home is elevated nolower than three (3) feet abovethe level of the base flood ele-vation, or

(b) The manufactured home chas-sis is elevated and supportedby reinforced piers (or otherfoundation elements of at leastan equivalent strength) of noless than thirty-six (36) inchesin height above grade.

(3) All manufactured homes must besecurely anchored to an adequatelyanchored foundation system to re-sist flotation, collapse and lateralmovement. (ref. article 5, section 8-1-43(b)).

(4) All recreational vehicles placed onsites must either:

(a) Be fully licensed and ready forhighway use, (a recreational ve-hicle is ready for highway use ifit is licensed, on its wheels orjacking system, attached to thesite only by quick disconnecttype utilities and security de-vices, and has no permanentlyattached structures or addi-tions), or

(b) The recreational vehicle mustmeet all the requirements for"New construction", includingthe anchoring and elevation re-quirements of article 5, section8-1-44(c)(1) and (3).


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(d) Floodway. Located within areas of specialflood hazard established in article 3, sec-tion 8-1-17, are areas designated asfloodway. A floodway may be an extremelyhazardous area due to velocity flood wa-ters, debris or erosion potential. In addi-tion, the area must remain free of en-croachment in order to allow for thedischarge of the base flood without in-creased flood heights. Therefore, the fol-lowing provisions shall apply:

(1) Encroachments are prohibited, in-cluding earthen fill, new construc-tion, substantial improvements orother development within the regu-latory floodway. Development maybe permitted however, provided it isdemonstrated through hydrologic andhydraulic analyses performed in ac-cordance with standard engineeringpractice that the encroachment shallnot result in any increase in floodlevels or floodway widths during abase flood discharge. A registeredprofessional engineer must providesupporting technical data and certi-fication thereof.

(2) ONLY if article 5, section 8-1-44(d)(1)above is satisfied, then any new con-struction or substantial improve-ment shall comply with all otherapplicable flood hazard reduction pro-visions of article 5.

(3) The placement of manufacturedhomes, except in an existing manu-factured home park or subdivision,shall be prohibited. A replacementmanufactured home may be placedon a lot in an existing manufacturedhome park or subdivision providedthe anchoring standards of section8-1-43(b) are met, and the elevationstandards of section 8-1-44(a) andthe encroachments standards of sub-section (1) of this section are met.

(4) Removal of trees and other vegeta-tion may not be a consideration incalculating the effect of proposed en-

croachments on flood levels duringthe occurrence of the base flood dis-charge.

(e) Floodway fringe, lower. Within the lowerfloodway fringe is the area between thefloodway and the upper floodway fringethat is lower than a lines one-half (1/2) thedistance between the floodway and theboundary of the area of special flood haz-ard. The lower floodway fringe is a tran-sitional area that is hazardous due to itsproximity to the floodway and encroach-ment by fill or development within thisarea could have serious impact on theentire floodplain. The following provi-sions shall apply with the lower floodwayfringe:

(1) Encroachments, including fill, newconstruction, substantial improve-ments and other developments shallbe prohibited unless certification bya registered professional engineer,with supporting technical data, isprovided to the executive directordemonstrating that encroachmentsshall not result in any increase inflood levels during occurrence of baseflood discharge;

(2) If article 5, section 8-1-44(d)(1) issatisfied, all new construction andsubstantial improvements shall com-ply with all applicable flood hazardreduction provisions of article 5.

(3) The placements of manufacturedhomes, except in an existing manu-factured home park or subdivision,shall be prohibited. A replacementmanufactured home may be placedon a lot in an existing manufacturedhome park or subdivision providedthe anchoring standards of article 5,section 8-1-43(b), and the elevationstandards of article 5, section 8-1-44(a), and the encroachment stan-dards of article 5, section 8-1-44(d)(1)are met.

(4) Removal of trees and other vegeta-tion may not be a consideration in


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calculating the effect of proposed en-croachments on flood levels duringthe occurrence of the base flood dis-charge.

(f) Large tracts. If a tract contains over one(1) acre located within the area of specialflood hazard, then development or landdisturbance on that portion of the tractlocated within the special flood hazardarea shall comply with the standards forlower floodway fringe set forth in section8-1-44(e).

(g) Other area unsuitable for development.Land subject to flooding that is not lo-cated within a mapped area of specialflood hazard may, at the discretion of theexecutive director or city engineer, be re-quired to comply with any or all stan-dards set forth in this chapter.

(h) Grading in the area of the special floodhazard. Grading (including excavating,filling, or any culmination thereof) shallbe prohibited in the area of the specialflood hazard except for the following:

(1) Minimum land disturbing activitiessuch as home gardens and individ-ual home landscaping, repairs, main-tenance work and other related ac-tivities;

(2) Agricultural practices involving theestablishment, cultivation or harvest-ing or products of the field or or-chard, preparing and planting of pas-ture land, forestry land managementpractices including harvesting (wherestumps are not removed), farm ponds,dairy operations, livestock and poul-try management practices and theconstruction of farm buildings;

(3) Projects permitted by or carried outunder the technical supervision ofthe U.S. Department of Agriculture,U.S. Army Corps of Engineers, orany other agency of the U.S. Govern-ment;

(4) Cemetery graves;

(5) Excavation for wells or tunnels orutilities;

(6) Approved mining, quarrying, stock-piling of rock, sand, gravel ag-gergrates or clay where establishedand provided for by law;

(7) Exploratory excavations under thedirection of soils engineers or engi-neering geologists;

(8) Where consistent with other provi-sions of this chapter, minimum grad-ing for land development or construc-tion which does not result intopographic changes greater than two(2) feet at any location and which isnot for the sole purpose of elevatingstructures pursuant to article 5, sec-tion 8-1-44(a) and article 5, section8-1-44(b) of this chapter. In no case,shall fill be transported into the areaof special flood hazard;

(9) Construction activities at existingindustrial sites which were devel-oped before the effective date of theFIRST Floodplain Management Or-dinance adopted by Augusta, GA asa basis for Augusta's participation inthe National Flood Insurance Pro-gram (NFIP), such as dikes, ditchesand ponds.

(i) As-built drawings and certification. Withinthe area of the special flood hazard, as-built drawings and certifications shall beprovided by a registered professional en-gineer and/or a registered land surveyorpursuant to 8-1-30(b) and 8-1-44(b) of thisordinance and also when required by thesite plan regulations or the subdivisionregulations. As-built drawings and certi-fications may be required in other situa-tions at the discretion of the executivedirector.

(Ord. No. 6321, § 1, 10-17-00; Amend. of 5-7-07)

Sec. 8-1-45. Building standards for streams

without established base flood

elevations and/or floodways (A-

zones).

Located within the areas of special flood haz-ard established in article 3, section 8-1-17, where


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streams exist but no base flood data have beenprovided (A-Zones), OR where base flood datahave been provided but a floodway has not beendelineated, the following provisions apply:

(a) No encroachments, including structuresor fill material, shall be located within anarea equal to five (5) times the width ofthe stream or twenty (20) feet, whicheveris greater, measured from the top of thestream bank, unless certification by aregistered professional engineer is pro-vided demonstrating that such encroach-ment shall not result in any increase inflood levels during the occurrence of thebase flood discharge.

(b) In special flood hazard areas without baseflood elevation data, new construction andsubstantial improvements of existing struc-tures shall have the lowest floor of thelowest enclosed area (including base-ment) elevated no less than three (3) feetabove the highest adjacent grade at thebuilding site. Openings sufficient to facil-itate the unimpeded movements of floodwaters shall be provided in accordancewith standards of article 5, section 8-1-43(j), "Elevated buildings".

The executive director shall certify thelowest floor elevation level and the recordshall become a permanent part of thepermit file.

(c) When base flood elevation data or floodwaydata have not been provided in accor-dance with article 3, section 8-1-17, thenthe executive director shall obtain, re-view, and reasonably utilize any scientificor historic base flood elevation and floodwaydata available from a federal, state, orother source, in order to administer theprovisions of article 5. ONLY if data arenot available from these sources, then theprovisions of (a) and (b) of this sectionshall apply.

(Ord. No. 6321, § 1, 10-17-00)

Sec. 8-1-46. Standards for subdivision pro-

posals.

(a) All subdivision proposals shall be consis-tent with the need to minimize flood damage;

(b) All subdivision proposals shall have publicutilities and facilities such as sewer, gas, electri-cal and water systems located and constructed tominimize flood damage;

(c) All subdivision proposals shall have ade-quate drainage provided to reduce exposure toflood hazards, and;

(d) Base flood elevation data shall be providedfor subdivision proposals and all other proposeddevelopment, including manufactured home parksand subdivisions, greater than fifty (50) lots orfive (5) acres, whichever is less.(Ord. No. 6321, § 1, 10-17-00)

Sec. 8-1-47. Standards for areas of shallow

flooding (AO zones).

Areas of special flood hazard established inarticle 3, section 8-1-17, may include designated"AO" shallow flooding areas. These areas havebase flood depths of one (1) to three (3) feet aboveground, with no clearly defined channel. Thefollowing provisions apply:

(a) All new construction and substantial im-provements of residential and non-resi-dential structures shall have the lowestfloor, including basement, elevated to theflood depth number specified on the FloodInsurance Rate Map (FIRM), above thehighest adjacent grade. If no flood depthnumber is specified, the lowest floor, in-cluding basement, shall be elevated atleast three feet (3) above the highest ad-jacent grade. Openings sufficient to facil-itate the unimpeded movements of floodwaters shall be provided in accordancewith standards of article 5, section 8-1-43(j), "Elevated buildings".

The executive director shall certify thelowest floor elevation level and the recordshall become a permanent part of thepermit file.

(b) New construction or the substantial im-provement of a non-residential structure:

(1) Shall have the lowest floor, includingbasement, elevated to the flood depthnumber specified on the Flood Insur-ance Rate Map (FIRM), above the


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highest adjacent grade. If no flooddepth number is specified, the low-est floor, including basement, shallbe elevated at least three feet (3)above the highest adjacent grade.

(2) May be flood-proofed in lieu of eleva-tion. The structure, together withattendant utility and sanitary facil-ities, must be designed to be watertight to the specified FIRM floodlevel plus one (1) foot, above highestadjacent grade, with walls substan-tially impermeable to the passage ofwater, and structural componentshaving the capability of resisting hy-drostatic and hydrodynamic loadsand the effect of buoyancy. A regis-tered professional engineer or archi-tect shall certify that the design andmethods of construction are in accor-dance with accepted standards ofpractice for meeting the provisionsabove, and shall provide such certi-fication to the official as set forthabove and as required in article 4,section 8-1-30(a)(3) and article 4, sec-tion 8-1-30(b).

(c) Drainage paths shall be provided to guidefloodwater around and away from anyproposed structure.

(Ord. No. 6321, § 1, 10-17-00)

Secs. 8-1-48-8-1-50. Reserved.

Sec. 8-1-51. Severability.

If any section, clause, sentence, or phrase ofthis chapter is held to be invalid or unconstitu-tional by any court of competent jurisdiction, thensaid holding shall in no way effect the validity ofthe remaining portions of this chapter.(Ord. No. 6321, § 1, 10-17-00)


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Chapter 2

MOBILE HOMES



ARTICLE 2 TAX VERIFICATION PERMITS

Sec. 8-2-21. Defined.

As used in this article, the term mobile homemeans a mobile home or a relocatable home assuch term are defined in subsections (a) and (b) ofsection 2 of the act known as The Uniform Stan-dards Code for Factory-Manufactured MovableHomes Act, approved March 26, 1968 (GeorgiaLaws 1968, page 415) ; provided, however, thatthose mobile homes which qualify the taxpayerfor homestead exemption under Georgia law shallnot be considered mobile homes and subject to theprovisions of this chapter.

Sec. 8-2-22. Persons owning or having mo-

bile home located within Augus-

ta-Richmond County required to

obtain.

No person shall own or have located within thelimits of Augusta-Richmond County any mobilehome unless application for a tax verificationpermit shall have been made and a permit re-ceived as provided by this article.

Sec. 8-2-23. Occupancy of mobile home with-

out valid permit prohibited.

No person shall occupy any mobile home as aresidence or permit any other person to occupythe same as a residence unless a tax verificationpermit shall have been obtained as provided bythis article.

Sec. 8-2-24. Application; permit; decal form;

applicant information.

The Richmond County Tax Commissioner ishereby authorized and empowered, subject to thespecific provisions of this article, to prescribe

application, permit and decal forms and thereaf-ter to alter and change the same; and said taxcommissioner is empowered to require that appli-cants furnish such information in writing as maybe reasonably required to effectuate the purposeshereof.

Sec. 8-2-25. Proof of paid taxes required of

applicants.

It shall be a condition precedent to issuance ofany tax verification permit required by this arti-cle that the owner of said mobile home shallsubmit to the Richmond County Tax Commis-sioner proof that all state and local taxes there-tofore accruing and payable with respect to suchmobile home have in fact been paid; and, if saidmobile home which is to be located or relocated isthen located within any portion of the county thatlies within the limits of a municipality therein,such owner shall likewise submit proof that allapplicable municipal taxes have been paid beforea permit may be issued.

Sec. 8-2-26. Location or relocation permit—

Required when initially locat-

ing or relocating.

(a) Before any person shall locate or relocate amobile home within the limits of Augusta-Rich-mond County, he shall apply for and obtain fromthe Richmond County Tax Commissioner a taxverification permit authorizing such location orrelocation if such mobile home is to be used as aresidence by the owner thereof, as a residence forothers, or for any other purposes.

(b) No person shall hereafter initially locateany mobile home or relocate any mobile homewithin the limits of Augusta-Richmond Countywithout having made such application and havingobtained such permit.

Sec. 8-2-27. Same—Required when chang-

ing location within Augusta-

Richmond County or relocating

outside Augusta-Richmond

County.

The owner of a mobile home used as a resi-dence which is located within the limits of thecounty may not relocate such mobile home, or


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cause same to be relocated, within the confines ofthe county or beyond such confines without firstobtaining a tax verification relocation permit fromthe aforesaid tax commissioner authorizing suchrelocation.

Sec. 8-2-28. Same—Fee; issuance of permit

and decal; placement of decal.

(a) Each application for a tax verification mov-ing permit required by this article shall be accom-panied by a fee of five dollars ($5.00), which shallbe paid to the tax commissioner before suchpermit shall be issued.

(b) Any owner of a mobile home who has madeapplication for the location or relocation of amobile home and whose application meets thequalifications of this article shall be issued a taxverification permit and shall likewise be issued adecal. The decal to be issued with a tax verifica-tion permit authorizing location of a mobile homewithin Augusta-Richmond County shall be samecolor as prescribed by state law and shall beaffixed to the mobile home at all times it is beingused as a residence within the confines of suchcounty. The decal issued with the tax verificationpermit authorizing relocation of a mobile homeshall be red in color and shall be affixed to themobile home at all times such mobile home isbeing transported within the confines of thisstate. Such decals shall be designed in suchmanner and affixed to mobile homes in suchmanner as to cause them to be easily visible forinspection.

Sec. 8-2-29. Same—Notice to Augusta-Rich-

mond County of destination

whenever relocation outside Au-

gusta-Richmond County autho-

rized.

Whenever a tax verification permit authorizingthe relocation of a mobile home is issued and suchmobile home is to be relocated within the confinesof another county in this state, the RichmondCounty Tax Commissioner shall notify the taxcommissioner of such other county of the date ofthe issuance of such permit.

Sec. 8-2-30. Annual permits for continued

location required; fee; issuance

of permit and decal; placement

of decal.

Each year every owner of a mobile home sub-ject to taxation under the revisions of this articleshall, from January first to on or before May first,make application to the tax commissioner for amobile home location permit, and upon paymentof the fee of three dollars ($3.00) and proof ofpayment of taxes as provided in section 8-2-25,shall be issued a location permit. The issuance ofsaid permit by the tax commissioner shall beevidenced by the issuance of a decal, the color ofwhich shall be prescribed for each year by theDepartment of Revenue. Each decal shall reflectthe county of issuance and the calendar year forwhich such permit is issued. The decal shall beprominently attached and displayed on the mo-bile home by the owner.

Sec. 8-2-31. Zoning requirements not super-

seded by permit issuance.

The issuance of any tax verification permitunder the provisions of this article shall in no waybe construed as superseding the requirements forthe location of mobile homes as the same may becontained within appropriate resolutions or otheractions of the Augusta-Richmond County Plan-ning and Zoning Commission, and the issuance ofa tax verification permit under the provisions ofthis article shall not prohibit said planning andzoning commission from requiring a relocation ofthe mobile home to a place where such mobilehome is permitted by the regulations of the Au-gusta-Richmond County Planning and Zoning Com-mission, but in such case the owner of such mobilehome shall apply for and obtain a permit for suchrelocation as if such relocation were the result ofhis own initiative.

Sec. 8-2-32. Payment of fees into treasury.

All sums collected by the tax commissionerunder provisions of this article shall be paid intothe Augusta-Richmond County treasury.

Sec. 8-2-33. Dealers required to file annual

inventory.

All wholesale and retail dealers of mobile homesshall return their inventory of all mobile homes in


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their possession to the tax assessor, whetherowned by them or not, on January first in eachyear.

Sec. 8-2-34. Responsibilities of park own-

ers, operators.

No owner or operator of a mobile home parkshall permit any mobile home to be located orrelocated within the confines of such park forresidential use unless the tax verification permitrequired by this article shall have been obtained.No owner or operator of any mobile home parkshall permit any mobile home presently locatedwithin the limits of such park owned or operatedby him to remain in such park unless a taxverification permit authorizing such continuedlocation as required by this article shall havebeen obtained.

Sec. 8-2-35. Violations; penalties.

It shall be unlawful to fail to attach and displayon a mobile home the decal as required by thisarticle; and any person who fails to attach, anddisplay on a mobile home the decal shall be guiltyof violation of this article and upon convictionthereof shall be punished as a misdemeanor asprovided in section 1-6-1 of the Code, a fine of notless than $25.00 nor more than $200.00, exceptthat upon receipt of proof of purchase of a decalprior to the date of the issuance of a citation, thefine shall be twenty-five dollars ($25.00).


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Chapter 3

SUBDIVISION OF LAND


Sec. 8-3-1. Incorporation of subdivision reg-

ulations.

The Land Subdivision regulations for the formerCity of Augusta and former unincorporated Areasof Richmond County, Georgia, as adopted on No-vember 1, 1971, and subsequently revised, con-sisting of article 1 through article 2 inclusive (theSubdivisions Regulations), are included as anAppendix to this Code and are hereby incorpo-rated in this section as if set out in full herein.

ARTICLE 2 PLATS

Sec. 8-3-2. Prerequisites to approval of final

plat; completion of improvements.

Prior to approval of a final subdivision plat bythe Augusta-Richmond County Commission, thesubdivider shall complete all improvements re-quired by the Subdivision Regulations, as amended,to the Commission. All improvements shall becompleted in a manner satisfactory to the Augusta-Richmond County Planning Commission and theAugusta-Richmond County Engineer. Final platapproval shall not be granted until the deed ofdedication for such improvements has been sub-mitted to the Augusta-Richmond County Engi-neer.

Sec. 8-3-3. Guarantee in lieu of completion.

In lieu of requiring completion of all improve-ments prior to granting final plat approval, theAugusta-Richmond County Commission may, atits discretion, enter into a contract with thesubdivider whereby the subdivider shall guaran-tee the completion of all required improvementsin a manner satisfactory to the Planning Commis-sion and the Augusta-Richmond County Engi-neer. To secure this contract, the subdivider shallobtain a security bond from a security companyauthorized to conduct business in the state or aletter from a chartered state or national bank or

savings and loan institution with the state, con-firming the benefit of Augusta-Richmond County,or a letter of credit from a chartered state ornational bank or savings and loan institutionwithin the state. If a bond is provided, it shall bepayable to the Augusta-Richmond County Com-mission and shall be in an amount sufficient tocover the entire cost, as estimated by the subdi-vider and approved by the Augusta-RichmondCounty Engineer, of installing all required im-provements. The duration of the bond, escrowaccount, or letter of credit shall be as specified insection 8-3-4.

Sec. 8-3-4. Time limit.

Prior to the granting of final plat approval, thesubdivider and the Augusta-Richmond CountyCommission shall agree upon a deadline for thecompletion of all required improvements, suchdeadline not to exceed one (1) year from the dateof final plat approval. The Commission may ex-tend that deadline for one (1) additional yearwhere the subdivider can present substantialreason for doing so.

Sec. 8-3-5. Inspection, certification and ac-

ceptance of improvements.

The Augusta-Richmond County Engineer shallregularly inspect for defects in the construction ofrequired improvements. Upon completion of theseimprovements, the Augusta-Richmond County En-gineer shall file with theAugusta-Richmond CountyCommission a statement either certifying thatthe improvements have been completed in accor-dance with applicable regulations or listing thedefects in those improvements. Upon completionof the improvements, the subdivider shall filewith the Commission a statement stipulating thefollowing:

(a) That all required improvements are com-plete;

(b) That these improvements are in compli-ance with the minimum standards speci-fied;

(c) That the subdivider knows of no defectsfrom any cause, in those improvements;and


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(d) That these improvements are free andclear of any encumbrance or lien.

The subdivider shall also file with the Augusta-Richmond County Commission an agreement ded-icating such improvements to Augusta-RichmondCounty. If the Augusta-Richmond County Engi-neer has certified that the required improve-ments are complete and free of defects, then uponreceipt of the other statements and agreementsdetailed above, the Commission shall accept ded-ication of those improvements.

Sec. 8-3-6. Release.

Upon acceptance, in accordance with section8-3-5, of the dedication of the required improve-ments, the Augusta-Richmond County Commis-sion shall authorize the release of any improve-ment guarantees and approval of the final plat.

Sec. 8-3-7. Forfeiture.

If any portion of the required improvementsshall fail to be accepted for dedication in accor-dance with section 8-3-5 within the allocated timelimit, either for reason of incompletion or forreason of substandard construction, then the Au-gusta-Richmond County Commission shall de-clare the guarantee pledged under section 8-3-3 tobe forfeited. Upon receipt of the secured funds,the Commission shall use them to finance thecompletion of required improvements or the re-building of such improvements to proper specifi-cation. Unused portions of the bonded amountshall be returned to the surety company.


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Chapter 4

TREES*

Sec. 8-4-1. Purpose.

This chapter provides standards for the protec-tion of public trees, and for the designation oflandmark trees, and further provides landscap-ing, tree protection and tree establishment stan-dards for the development of private property inAugusta, Georgia. It is the purpose of this chapterto promote the public health, safety, and generalwelfare of provisions designed to:

(a) Aid in stabilizing the environment's eco-logical balance by contributing to the pro-cesses of air purification, oxygen regener-ation, wildlife habitat, groundwaterrecharge, and storm water runoff retarda-tion, while concurrently facilitating noise,glare, and heat abatement;

(b) Encourage the preservation of existingtrees and vegetation;

(c) Prevent soil erosion;

(d) Protect and enhance the aesthetic quali-ties of the community;

(e) Prevent structural and pavement satura-tion;

(f) Safeguard and enhance private propertyvalues and protect private and public in-vestments;

(g) Conserve energy.

Sec. 8-4-2. Definitions.

(a) Administrator. The Executive Director ofthe Augusta-Richmond County Planning Commis-sion.

(b) Caliper. The diameter or thickness of themain stem of a young tree or sapling as measuredat six (6) inches above ground level. This mea-surement is used for nursery-grown trees havinga diameter of four (4) inches or less.

(c) Commission. The Augusta Commission.

(d) Diameter breast height (DBH). The diame-ter or width of the main stem of a tree as mea-sured four and one-half (41/2) feet above the nat-ural grade at the base of a tree. Whenever abranch, limb, defect, or abnormal swelling of thetrunk occurs at this height, the DBH shall bemeasured at the nearest point above or below fourand one-half (41/2) feet at which a normal diame-ter occurs.

(e) Dripline. An imaginary circuitous line ofthe ground that designates the outermost point towhich the tree branches extend.

(f) Executive Director. Executive Director ofAugusta-Richmond County Planning Commis-sion.

(g) Greenspace. Any area retained as perme-able unpaved ground and dedicated to supportingvegetation.

(h) Greenspace Plan. A topographic survey mapand supporting documentation which describesfor a particular site where vegetation (green space)is to be retained or planted in compliance withthese regulations. The Greenspace Plan shallinclude a tree establishment element, a tree pro-tection element, and a landscaping element.

(i) IGO. (Illustrated Guide to Implementingthe Augusta-Richmond County Tree Ordinance.)A document providing standards and specifica-tions for tree protection and tree establishmentper Section VIII (c) of the Augusta-RichmondCounty Tree Ordinance.

(j) Landmark tree. Any tree determined by theTree Commission and the Augusta Commission,to be of notable historic interest, high aestheticvalue, or of unique character because of species,type, age, or size and therefore designated as apublic landmark.

(k) Land clearing. The removal of all vegeta-tion two (2) inches DBH or greater.

(l) Landscape Establishment Bond. Atwo (2)yearbond that shall be posted prior to the issuance ofa Certificate of Occupancy and released after two

*Editor’s note—Ord. of 1-21-2003 amended Ch. 4 in itsentirety to read as herein set out. See the Code ComparativeTable.


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(2) years upon a determination that requiredtrees and landscaping are healthy and have areasonable chance of surviving to maturity.

(m) Official street tree planting plan and pro-gram. A plan and program adopted for the plant-ing of trees along public streets, parks and otherpublic places.

(n) Official Tree List. A listing of various treespecies, classified by size grouping, to be used todetermine the quality rating of trees to be pre-served or planted as well as the Quality Points(Section III of the IGO).

(o) Planting Island. An unpaved landscapedarea located within a vehicle parking area that isdefined physically by curbing or otherwise in sucha way that it cannot be driven over or parkedupon.

(p) Park. All public land set aside for openspace and recreation purposes.

(q) Public property. Any property owned byAugusta, Georgia.

(r) Public tree. Any tree located on public prop-erty.

(s) Quality points factor. A decimal fractionthat is assigned to each tree species in the OfficialTree List and is used as a multiplier in calculatingthe tree quality points for any tree retained on asite.

(t) Right-of-way. A strip of land over whichAugusta, Georgia has the right, by ownership orotherwise to construct a public street, sidewalk,or use for public utilities.

(u) Street yard. A greenspace parallel to thestreet right-of-way whose total area is equal to ata minimum ten (10) times the length of theright-of-way in square feet.

(v) Tree Commission. An appointed board oftwelve (12) members with designated duties asoutlined herein.

(w) Tree establishment element. A topographicsurvey map and supporting documentation whichdescribes for a particular site where trees are to

be planted in compliance with the requirementsof these regulations, the types of trees and theircorresponding tree quality points.

(x) Tree protection element. A topographic sur-vey map and supporting documentation whichdescribes for a particular site where existing treesare to be retained in compliance with the require-ments of these regulations, the types of trees andtheir corresponding tree quality points.

(y) Tree protection zone. The area surroundinga preserved or planted tree that is essential tothat tree's health and survival, and is protectedwithin the guidelines of this chapter.

(z) Tree quality point (TQP). A unit of measure-ment which quantifies the relative value of treesthat are planted or retained on a given site. Treequality points quantitatively express the desir-able qualities of the species with regard to size foreach tree that is retained on a site. For plantedtrees the tree quality points are an expression ofspecies desirability and the expected mature sizeof each tree.

(aa) Vehicle display area. Areas where vehiclesare displayed for sale or lease.

(bb) Vehicular service area. Any paved or un-paved area utilized by vehicles.

Sec. 8-4-3. Establishment of tree commis-

sion.

(a) There is hereby created the Augusta-Richmond County Tree Commission which shallconsist of ten (10) members appointed by theAugusta Commission plus an additional two (2)members appointed by the Richmond County Leg-islative Delegation. All appointments shall be forfour (4) year terms. The role of the Tree Commis-sioners will be to define problems, suggest solu-tions, and provide support; review any appeals orvariances and recommend acceptance or rejectionto the Administrator; annually review the Illus-trated Guide to Implementing the Augusta-Richmond County Tree Ordinance (IGO) and up-date it as needed; and review petitions for landmarktrees. The Tree Commission shall meet no lessthan quarterly. All members shall be residents ofAugusta, Georgia. All vacancies shall be filled forthe unexpired terms.


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(b) All Tree Commissioners shall serve with-out compensation. The Augusta Commission andthe Richmond County Legislative Delegation, whenappointing members to the Tree Commission,shall appoint persons from the following fields ofassociation: registered landscape architect; realtor/developer of commercial property (licensed brokerwho is member of board of realtors); urban for-ester; an agricultural extension agent; architect;engineer; an appointee from the Garden Councilof Augusta; a master gardener; and citizens atlarge who have knowledge of, and interest in treesand the urban forest. The Georgia Forestry Com-mission Urban Forester may serve as an ex-officiomember.

(c) All terms shall expire on March 30 of theapplicable year, and new terms shall begin onApril 1 of the applicable year.

(d) Members shall not receive a salary, al-though they may be reimbursed for authorizedexpenses.

Sec. 8-4-4. Administration.

The Augusta-Richmond County Planning Com-mission shall have the responsibility for adminis-tering all provisions of this Chapter that relate tothe development of private lands. The Augusta-Richmond County Trees and Landscape Depart-ment shall have the responsibility of administer-ing all provisions that relate to the developmentof public lands.

Sec. 8-4-5. Public tree protection.

(a) Any request for the severing from the stumpand removal of a tree on a public right-of-wayshall be directed to the Augusta-Richmond CountyTrees and Landscape Department for approval. Inthe event approval is given, the Trees and Land-scape Department shall notify the local neighbor-hood association, if any, and shall post on suchtree for a period of 14 days a notice of their intentto remove said tree. Objections to remove shall bein writing and shall be directed to the Augusta-Richmond County Tree Commission for decision.Such decision of the Tree Commission shall befinal, and there shall be no appeal to the AugustaCommission.

(b) Trees deemed a danger to the public or theadjoining property by the Department of PublicSafety or by the Trees and Landscape Depart-ment shall be exempt from the restrictions of thissection and can be removed for the safety of thepublic and/or adjacent properties.

(c) Nothing herein shall be construed as pro-hibiting the cutting and/or removal of a tree ortrees incidental to a road improvement project, adrainage project, or a water and sewerage projectof Augusta, Georgia or the Georgia Department ofTransportation.

(d) All other projects causing disturbance withinrights-of-way which may cause extensive damageto trees therein shall likewise be reviewed by theAugusta-Richmond County Trees and LandscapeDepartment for recommendations.

(e) No person or organization shall do any ofthe following acts to any public tree without firstobtaining the proper permit from the Augusta-Richmond County Trees and Landscape Depart-ment:

(1) Cut, prune, break, damage, remove, killor cause to be killed.

(2) Cut, disturb, or interfere, in any way, withthe soil or any root within the dripline.

(3) Place, spray, or apply any chemical that isknown to be toxic to trees in a locationthat may be absorbed by any part of thetree.

(4) Fasten any rope, wire, sign or other de-vice whether invasive to the tree or not.

(5) Remove or damage any guard devicesplaced to protect any tree.

(6) Conduct razing, removal, demolition, ex-pansion, or renovation of any structure ifdeemed by the Department of Public Worksto be damaging to neighboring public trees.

(7) Maintain a stationary fire or device whichvaporizes noxious fumes deleterious totree health.

(8) Pave with concrete, asphalt, or other im-pervious material within the dripline of


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any public tree unless approved construc-tion techniques are followed as prescribed.

(Ord. 5933, 6-17-97)

Sec. 8-4-6. Tree protection zone; official tree

list.

(a) There is hereby established a tree protec-tion zone which shall include all public rights-of-way and all public lands of Augusta, Georgia.

(b) The Assistant Director of the Augusta-Richmond County Trees and Landscape Depart-ment, a division of the Public Works Department,with assistance from public utility companies, theAugusta Commission, the Tree Commission andother interested groups, is hereby charged withthe duty of determining the types of species oftrees suitable for planting, as well as those pro-hibited, and the conditions under which suchtrees shall be planted along streets, in parks, andin public places within Augusta, Georgia. Whencompleted, the list shall be presented to theAugusta Commission for its approval. When ap-proved, the said report shall be known as theOfficial Tree List. Revisions in the Official TreeList may be made from time to time by the TreeCommission. All trees hereafter planted on publicproperty of Augusta, Georgia must be on theOfficial Tree List, unless otherwise specificallyapproved by the Tree Commission.

Sec. 8-4-7. Planting and maintenance stan-

dards.

(a) The Augusta Commission, through the Au-gusta-Richmond County Trees and Landscape De-partment shall have the authority to insist thatall property owners treat or else allow the City totreat trees suffering from transmittable diseasesor insect infestations which are on private prop-erty but are affecting the health of public trees onpublic property. If the disease infestation war-rants drastic action to curb its spread to healthypublic trees, at the direction of the Commission,the property owner shall remove and dispose ofsaid trees or else allow Augusta, Georgia to do so.

(b) In case of emergencies, such as wind-storms, or other disasters, the requirements ofthis article shall be waived during the emergencyperiod so that the requirements of this chapter

would in no way hamper private or public work torestore order to Augusta, Georgia. This work is tobe done in accordance with the emergency stan-dards as outlined by Augusta, Georgia.

Sec. 8-4-8. Moving buildings or other large

objects.

No person shall move any building or otherlarge objects which may injure any public tree orparts thereof along any street without first hav-ing obtained written permission from the Assis-tant Director of Trees and Landscape Departmentand then having obtained a permit from theLicense and Inspections Department.

Sec. 8-4-9. Landmark trees.

The Augusta Commission may, upon petitionby the property owner, designate a tree as alandmark tree, as defined herein. All nominationsfor landmark trees shall be reviewed by the TreeCommission which shall make a recommendationon such nomination to the Augusta Commission.Trees so designated shall thereafter be consideredpublic landmarks and shall not be destroyed norendangered except as recommended by the TreeCommission. The designation of a landmark treeshall be based upon an evaluation of the tree inrelation to the criteria set forth in the IGO.

Upon designation as a landmark tree, the treeshall be protected as provided in this chapter, andthe tree quality points assignment shall be basedupon a quality points factor of two hundred (200)percent of the tree quality points for a preferredtree of equal DBH.

Sec. 8-4-10. Nuisance trees and shrubs.

Any tree or shrub or parts thereof growing onpublic or private property which interferes withor endangers the use of the public streets orobscures sight distance or creates a traffic hazardon intersections or endangers the life, health,safety or property of the public, shall in theopinion of the Tree Commission be declared apublic nuisance. The owner shall be notified inwriting of the existence of the nuisance and begiven a fifteen (15) day period of time for instigat-ing its correction or removal. If not corrected orremoved within thirty (30) days, the Tree Com-


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mission shall cause the nuisance to be correctedor removed and the cost shall be assessed to theowner as provided by this chapter.

Sec. 8-4-11. Greenspace requirements for

private and public development.

(a) Application. The regulations set forth inthis chapter shall apply to all properties affectedby development proposals requiring site planspursuant to section 30-2 of the ComprehensiveZoning Ordinance for Augusta, Georgia. Permitsfor clearing land and grading of land shall not begranted until plans as required by this chapterhave been approved.

(b) Exemptions. The following types of devel-opments are exempt from compliance with anyand all provisions of this chapter:

(1) Construction (including clearing) of single-family residential structures on individ-ual lots; and

(2) The development of streets within a sub-division is exempt from all of the provi-sions of the tree ordinance except 8-4-11(e)(5).

(3) Site plans that require grading only (noconstruction of improvements) may be ex-empt from providing one thousand (1,000)tree Quality Points per acre of develop-ment at the discretion of the Administra-tor; however a streetyard must be in-stalled per section 8-4-11(e)(5).

(4) Telecommunication facilities in LI or HIzoning unless the site is in view of aresidential use in a residential zone, asviewed from the base of the tower.

(5) Federal, state and local governmentprojects.

(c) Greenspace plan required. Except as hereinprovided, there shall be a greenspace plan forevery applicable development. Such plan shallinclude a landscape element, a tree protectionelement, and a tree establishment element.

(d) Landscape element. Such element shall in-clude a topographic survey map illustrating com-pliance with the design principles and standardsincluded in the following section.

(e) Landscape element design principles andstandards.

(1) A minimum of ten (10) percent of the totalland area of any development shall bedevoted to greenspace.

(2) No artificial plants, trees, or like materi-als shall be counted toward meeting thestandards of these regulations.

(3) All retained or planted trees shall beprotected or situated so as to preventdamage from environmental changes (suchas a lowered water table) or land distur-bance resulting from any building or fa-cility construction.

(4) Sidewalks, curbing, or any other paved orimpermeable surfaces within thegreenspace area shall not count towardsthe ten (10) percent minimum greenspaceor street yard requirement.

(5) A street yard area shall be provided alongany existing or proposed public streetright-of-way or private right-of-way adja-cent to or adjoining the property exceptfor those portions of the lot used for drive-ways. Detention or retention ponds at thefront of the property near the right-of-waydo not relieve the developer from install-ing the required street yard.

For site plans that include fewer than onehundred (100) total parking and loadingspaces, the area of the street yard shall beten (10) times the length of the right-of-way frontage in square feet, and the min-imum width at any point shall be sevenand one-half (71/2) feet measured perpen-dicular to the right-of-way. If two (2) streetyards cross, count the overlapped areaonly once. Street yards shall be land-scaped and properly maintained by theowner and shall have live vegetation in-cluding groundcover, grass, trees, shrubsand may, unless otherwise prohibited, in-clude fences and walls and plantings forparking areas. Each street yard shall haveat least one (1) large tree for each forty(40) linear feet on center of street front-age, with a large tree being located withintwenty (20) feet of each side property line.


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All planted trees must be at least three (3)inches in caliper, have a single trunk, andbe unbranched to six (6) feet.

In zoning districts where zero setbacksare permitted by the Comprehensive Zon-ing Ordinance for structures adjoiningpublic street rights-of-way, the street yardand its plantings may be located upon thepublic property if approved by the Depart-ment of Public Works. In all other cases,the street yard must be located on privateproperty.

For site plans that include one hundred(100) or more total parking and loadingspaces, the area of the street yard shall betwenty (20) times the length of the right-of-way frontage in square feet, and theminimum width at any point shall befifteen (15) feet.

When a use of land is intensified or ex-panded in such a way that the requiredparking must be increased more thantwenty (20) percent (except for parkingareas where a twenty (20) percent in-crease would be less than five (5) newspaces) then the entire site including thealready developed area must be providedwith a street yard that is at least five (5)times the length of the right-of-way front-age in square feet, and the minimumwidth at any point is five (5) feet.

Where a property adjoins a right-of-waysuch as gas, power, railroad, etc., that isadjacent to and parallel with a public orprivate street, the subject property shallbe deemed to front on the public or privatestreet and streetyard requirements shallbe adhered to.

When a major subdivision (ten (10) lots ormore) of property occurs along an existingor proposed public street, a streetyard ten(10) feet in width, adjacent to the right-of-way, shall be installed and have atleast one (1) large tree for each forty (40)linear feet on center of street frontage,with a large tree being located withintwenty (20) feet of each side property line.All planted trees must be at least three (3)

inches in caliper, have a single trunk, andbe unbranched to six (6) feet. Streetyardsshall be landscaped and properly main-tained by the owner and shall have livevegetation, groundcover, grass, trees,shrubs, and may, unless otherwise prohib-ited, include fences and walls and plant-ings for parking areas.

As of January 2003, any existing streetyardtree may not be cut or removed withoutpermission of the Tree Commission.

(6) Parking lots (excluding vehicle displayareas) providing over twenty (20) spacesshall contain interior landscaped areas.This section shall apply to any surfaceparking lot or loading area or vehicularservice area or portions thereof built afterthe adoption of this chapter. The number,size, and shape of interior landscapedareas shall be at the discretion of theowner subject to the following provisions:

(a) A minimum of five (5) percent of thetotal interior area of parking lots,loading areas, and vehicular use ar-eas (except vehicle display areas)shall be devoted to landscaping. Re-quired street yards may not counttoward the five (5) percent. Thereshall be no more than twelve (12)consecutive parking spaces betweenplanting islands, which must be atleast one hundred (100) square feetin area with a minimum width ofeight (8) feet measured inside of curbto inside of curb. On such site plansone (1) of every five (5) requiredplanting islands must be a minimumof thirty-seven and one-half (371/2)feet in length and eight (8) feet inwidth, inside of curbing, unless allparking spaces are arranged aroundthe perimeter of the parking lot.When row parking is utilized, theend of each row of parking must be adouble planting island with a mini-mum of one (1) medium or large tree.

When a use of land is intensified orexpanded in such a way that therequired parking must be increased


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more than fifty (50) percent (exceptfor where such an increase would beless than twenty (20) spaces), thenew parking area must conform tothe requirements of this subsectionand the already developed parkingarea must be retrofitted with plant-ing islands at a rate of one (1) forevery twelve (12) which is no lessthan one hundred (100) square feetin area and with a minimum widthof eight (8) feet.

All internal planting areas shall belandscaped with approved plant ma-terials compatible with acceptedarboricultural practices as set forthin the IGO. The area devoted tointerior planting islands may be de-ducted from the required parkingarea pursuant to section 4-2 of theZoning Ordinance at a rate of one (1)space per two hundred (200) squarefeet of planting island except thatthe requirement of spaces shall notbe reduced over ten (10) percent.

For the purposes of calculating con-secutive parking spaces, handicappedparking spaces shall equal one andone-half (11/2) parking spaces.

As of January 1, 2003, any existingparking lot tree may not be cut orremoved without permission of theTree Commission.

(b) No parking space shall be furtherthan sixty-five (65) feet from thetrunk of a medium or large tree withno intervening building.

(c) Within existing parking areas, allnew curbing around landscaped is-lands shall match existing curbingwithin the site. If no curbing ispresent within the site, then con-crete curb and gutter, per city ofAugusta standards and specifica-tions, shall be used around land-scaped islands.

In new parking areas, all curbingaround landscaped islands shall beconcrete curb and gutter, as ap-proved by the City Engineer.

(7) Lighting serving to illuminate a parkingarea shall not be located within a re-quired planting island.

(8) A permanent water source shall be pro-vided not more than one hundred (100)feet from any planted tree.

(9) Where the rear property line in a multiple-family residential, professional, commer-cial or industrial zone abuts an R-1 zoneor single-family residence, a buffer stripnot less than twenty (20) feet in widthshall be provided. This buffer strip shallbe designed to provide a year-round vi-sual screen that is at least eight (8) feet inheight and completely blocks the view ofthe subject property by a person standingjust across the property line on the adjoin-ing residential property. It shall consist ofsix (6) foot solid board or "shadowbox"style fence or masonry wall that has two(2) finished sides and is approved by theTree Commission. The buffer strip shallbe planted with medium or large treesspaced on forty (40) foot centers withinterplanted evergreen plant material,berms, mounds or combinations thereof toachieve the objective within a maximumthree (3) year period. No buildings, struc-tures, storage of materials, or parkingshall be permitted within this buffer area.Buffer areas shall be maintained and keptfree of all debris, rubbish and weeds.

As of January 2003, any existing rearbufferyard tree may not be cut or removedwithout permission of the Tree Commis-sion.

(10) Where the side property line in a multiple-family, professional, commercial, or indus-trial zone abuts an R-1 zone or single-family residence, a planted buffer stripnot less than ten (10) feet in width shallbe provided. This buffer strip shall bedesigned to provide a year-round visualscreen that is at least eight (8) feet inheight and completely blocks the view ofthe subject property by a person standingjust across the property line on the adjoin-ing residential property.

Said buffer strip shall begin at the frontsetback line and extend along the entire


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remaining side boundary. It shall consistof a six (6) foot solid board or shadowbox"style fence or masonry wall that has two(2) finished sides and is approved by theTree Commission. The buffer strip shallbe planted with medium or large treesspaced on forty (40) foot centers withinterplanted evergreen plant material,berms, mounds or combinations thereof toachieve the objective within a maximumthree (3) year period. Buffer areas shall bemaintained and kept free of all debris,rubbish and weeds. No buildings, struc-tures, storage of materials, or parkingshall be permitted within this area.

As of January 2003, any existing sidebufferyard tree may not be cut or removedwithout permission of the Tree Commis-sion.

(11) The mature or ultimate spread of plantedtrees shall be shown on the greenspaceplan. Planted trees shall be spaced accord-ing to the following minimum standardsin order to qualify for tree quality points:

*large trees—thirty-five (35) feet apart

*medium trees—twenty-five (25) feet apart

*small trees—fifteen (15) feet apart

(12) No required trees are to be located di-rectly above or below existing or proposedutilities. (Proposed utilities must be routedaway from required trees.)

(f) Tree protection and tree establishment ele-ments. Land cleared for development or landbeing proposed for development shall have, afterdevelopment, not less than one thousand (1,000)tree quality points (TQP) per acre on a given site.Tree quality points shall only be calculated on theacreage of the site that is being developed. Unde-veloped portions of the site shall not be requiredto provide tree quality points (including streetyard requirements) nor shall tree quality pointsfor existing trees be counted toward the require-ments of the developed portion of the site. Treeprotection and tree establishment elements maybe provided separately or collectively depending

on the nature, complexity, and scale of the devel-opment. Such elements shall include a topo-graphic survey map showing:

(1) Existing tree cover and tree cover that isto be removed.

(2) The location and species of all trees to beretained on the developed portion of thesite for which tree quality points are to beclaimed, including their DBH, tree qual-ity points, and their tree protection zones.Where a grouping or cluster of twenty (20)or more trees is located within a proposedtree protection zone, the location of indi-vidual trees within such cluster is notrequired to be spotted on the plan, pro-vided the number of trees for each specieswithin the cluster is given and the aver-age DBH is identified for each species.Existing trees on undeveloped portions ofthe site (i.e. future development) or treeswithin the right-of-way(s) cannot becounted toward tree quality points.

(3) The location, species, and DBH of all treeslocated on adjacent rights-of-way.

(4) A listing of all trees to be planted on thesite for which tree quality points are to beclaimed, giving their respective species,caliper, and tree quality points.

(5) A description of tree planting specifica-tions if different from those listed in theIllustrated Guide to Implementing theAugusta-Richmond County Tree Ordi-nance (IGO).

IGO and any amendments thereto arehereby adopted by reference. The guidewill be reviewed annually by the TreeCommission with the updated version be-ing adopted by reference and each timemade a part hereof. All greenspace plansshall be provided in a manner consistentwith provisions contained therein.

As of January 2003, any existing tree thatwould count toward the overall require-ment for tree quality points (TQP) maynot be cut or removed without permissionof the Tree Commission.


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(g) Tree protection and tree establishment stan-dards. Tree protection zones shall be establishedand maintained for all trees preserved or plantedon a site for which tree quality points are to beclaimed. The following provisions apply to suchzones and the trees within them.

(1) The tree protection zone shall have adimension of not less than one-half (1/2)the distance to the dripline of the pre-served tree, or the minimum tree protec-tion zones for planted trees set forth inTable 1; whichever is greater. Tree protec-tion zones shall be barricaded prior to thecommencement of construction and untilthe Certificate of Occupancy has beenissued.

(2) The area within any tree protection zonemust remain open and unpaved. The useof perforated pavement may be allowedsubject to the approval of the Administra-tor.

(3) Deleted.

(4) No vehicles shall be parked, constructionmaterial stored, substances poured, dis-posed of, or placed, within any tree pro-tection zone at any time during clearingor construction of the project.

(5) No change in grade within the tree pro-tection zone shall be allowed except for amaximum addition of two (2) inches ofsandy loam topsoil covered with mulch.

(6) Tree walls or tree walls (islands) shall beconstructed as needed to protect the pre-served trees from grade changes whichresult in changes of water supply to thetree protection zone. Adequate means fordrainage of excess moisture from the treeprotection zone shall be provided if treewells or tree walls are constructed.

(7) For planted trees, the minimum size TreeProtection Zone centered upon the plantedtree shall be as specified in Table 1.

(8) The ground elevation where trees are tobe planted in a street yard shall be withinfive (5) feet of the ground elevation of thestreet right-of-way.

Table 1

Minimum Tree Protection Zone for Planted Trees

Mature TreeSize

MinimumArea Square

Feet** Protection

Zone

small* 16 2.0' radiusmedium * 66 3.0' radiuslarge * 200 4.0' radius

* A listing of small, medium, and large trees isfound in IGO.

** Protection Zone = Minimum distance fromtree trunk to edge of dripline.

(h) Tree quality points.

(1) Tree quality points shall be assigned topreserved or planted trees as described inthe Illustrated Guide to Implementingthe Augusta-Richmond County Tree Ordi-nance (IGO).

a. Deleted.

b. Deleted.

Table 2

Tree Quality Points for Planted Trees

MatureSize

Accept-able

Recom-mended Preferred

small * 1 3 7medium * 4 20 45large * 13 39 91

* A listing of small, medium, and large trees isfound in the IGO.

(2) Tree quality points for preserved trees.Quality points for trees preserved on thesite are directly related to the tree speciesquality and the tree protection zone thatmust be provided for the tree. For pre-served trees, tree quality points are cal-culated by squaring the tree's DBH (diam-eter at breast height) and multiplyingthis number by the applicable qualitypoints factor. If the calculated tree quality


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points is less than that given for plantedtrees in Table 2, then the greater numberwill apply.

(DBH)2 × (Quality Points Factor) = TreeQuality Points

Table 3

Tree Quality Points Factor

Tree Quality RatingQuality Points Factor

*

Acceptable 0.2Recommended 0.6Preferred 1.4Landmark Trees 2.0

* The assigned quality points factor is found inthe Tree Species List in IGO.

Sec. 8-4-12. Compliance.

All improvements shown in the greenspaceplan shall be constructed and all plant materialsshall be in place and approved by the Augusta-Richmond County Trees & Landscape Depart-ment before a Certificate of Occupancy will beissued for any use of land or structure(s) that isnot exempted from this article. If at the time ofrequest for a certificate of occupancy the requiredlandscaping is not in place and it can be deter-mined by the Trees & Landscape Departmentthat unavailability of plant materials or thatweather conditions prohibit completion of thisplanting, then the developer may, at the discre-tion of the Executive Director, provide an exe-cuted contract binding for one (1) year from thedate of application that provides for the comple-tion of such landscaping work, and also a perfor-mance bond or an irrevocable letter of credit froma federally insured lender in an amount to beapproved by the Trees and Landscape Depart-ment commensurate with the cost of completingthe required landscaping.

Existing trees or other landscape features asdelineated on previously approved site plans andsubsequently installed to conform with the mini-

mum standards of this chapter may not be re-moved or altered without prior approval of theTree Commission.(Ord. No. 6372, § 1, 5-1-01)

Sec. 8-4-13. Landscape establishment bond.

A two-year landscape establishment bond shallbe posted with the Administrator prior to issu-ance of the certificate of occupancy. This bondshall be in the amount of the contract award forlandscaping or in an amount determined by theTrees and Landscape Department, whichever ishigher. After eighteen (18) months, the Trees andLandscape Department shall inspect the site andmake a determination as to whether or not therequired trees and landscaping are healthy andhave a reasonable chance of surviving to matu-rity. Upon such a finding, the bond shall bereleased at the end of the two-year landscapeestablishment bond period. In absence of such afinding, the landscape establishment bond shallnot be released and the owner/developer of theproperty shall be notified to replace the un-healthy trees and landscaping or take other ap-propriate action as required by the Trees andLandscape Department. If the owner/developerfails to comply with the decision of the Trees andLandscape Department within sixty (60) days ofreceiving a written notice, then the City shall usethe Landscape Establishment Bond to the extentnecessary to bring the property into compliancewith the provisions of these regulations.

Before release of the landscape establishmentbond, documentation shall be signed by the ownercertifying that the required trees located on thesite will not be removed nor shall the canopy ofrequired trees be reduced without prior approvalof the Tree Commission.

Sec. 8-4-14. Appeals and variances.

(a) Decisions of the Administrator may be ap-pealed to the Augusta-Richmond County TreeCommission. The Tree Commission shall alsohear requests for variances from the provisions ofthis chapter. The Tree Commission shall reviewthe appeal or variance and make its recommen-dations to the Administrator. Forms for suchpurpose will be provided by the Administrator.


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(b) Variances shall only be granted upon adetermination that the variance is the minimumnecessary to afford relief and when in the opinionof the Tree Commission relief is justified.

(c) Variances shall only be granted upon:

(1) A determination that failure to grantthe variance would result in excep-tional hardship; and

(2) A determination that the granting ofa variance will not adversely impactthe intent and purpose of these reg-ulations.

(d) The Tree Commission may approve, deny,or approve with conditions a request for a vari-ance. Conditional approval may be granted wheremitigation of the impact is agreed upon by theTree Commission and the petitioner.

Sec. 8-4-15. Abrogation and greater restric-

tions.

This chapter is not intended to repeal, abro-gate, or impair any existing easements, cove-nants, or deed restrictions. However, where thischapter and another regulation conflict or over-lap, whichever regulation imposes the more strin-gent restrictions shall prevail.

Sec. 8-4-16. Severability.

If any provision of this chapter is declared to beinvalid, such declaration shall not affect, impair,or invalidate the remaining provisions of thischapter.

Sec. 8-4-17. Enforcement, violation and pen-

alty.

The Trees and Landscape Department shallreport all violations of the provisions of thischapter or failure to comply with any of itsrequirements to the Administrator. Once a viola-tion is evident, the Administrator, acting on be-half of the Augusta Commission, shall notify theowner in writing of the apparent violation of thischapter. The written notice shall direct the ownerto cease the violation until such time as therequirements and procedures of this Chapter havebeen met. Upon failure of the owner to complywith this notice, the Administrator shall notify

the Augusta City Attorney of the violation and theAugusta City Attorney shall immediately beginlegal procedures in the Superior Court of Rich-mond County to prevent, enjoin, abate, or termi-nate such violations in addition to injunctiverelief. All persons, firms or corporations failing tocomply with the mandatory provisions hereof ordoing any act prohibited hereby shall be guilty ofa misdemeanor and shall be punished as providedin chapter 1-6-1 of this Code. Each day suchviolations continue shall be considered a separateoffense. Nothing herein contained shall preventthe Augusta Commission from taking such otherlawful action as is necessary to prevent or remedyany violations.(Ord. No. 6589, 1-21-03)


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Chapter 5

ZONING*


Sec. 8-5-1. Incorporation of zoning ordinance

by reference.

The comprehensive zoning ordinance of theCity of Augusta and unincorporated areas of Rich-mond County, as adopted on March 25, 1963 andsubsequently revised, consisting of section 1through section 37, inclusive, is hereby incorpo-rated in this section as if set out in full herein.(Amended and rewritten Sept. 16, 1997)

Sec. 8-5-2. Amendments to zoning ordinance,

map and subdivision regulations.

Any amendments to the Augusta-RichmondCounty Comprehensive Zoning Ordinance, thezoning maps, and any amendments to the subdi-vision regulations of land shall be made when theCommission determines that such a change wouldbe in the best interest ofAugusta-Richmond County.


ARTICLE 2 ROAD NAMING AND

ADDRESSING

Sec. 8-5-11. Authority.

This Article is enacted pursuant to the author-ity conferred by Section 46-5-122 of The OfficialCode of Georgia Annotated, as amended, to pro-mote the public health, safety, morals, conve-nience, order, prosperity, and general welfare ofthe present and future inhabitants of Augusta,Georgia.

Sec. 8-5-12. Short title.

This Article shall be known as the Road Nam-ing and Addressing Ordinance for Augusta, Geor-gia.

Sec. 8-5-13. Jurisdiction.

The provisions set forth herein shall apply tothose roads, both public and private (includingmanufactured home parks, condominium devel-opments, apartment complexes or office parks),which are or will be located within Augusta,Georgia, or within certain municipalities in Rich-mond County, Georgia upon the request of theappropriate elected officials of said municipali-ties.


The purpose of this Article is to provide asystem of unique road names and addresses whichis essential to the successful implementation ofthe E-911 Emergency Services System, and istherefore, essential to the efficient and effectiveprovision of such services as police, fire, andemergency medical services.

Sec. 8-5-15. Assignment of responsibility for

naming roads and addressing of

said roads.

The Augusta-Richmond County Planning Com-mission is hereby assigned overall authority andresponsibility for the naming of public and pri-vate roads as directed by the provisions of thisArticle.

Sec. 8-5-16. Approval of road names.

All proposed road names shall be reviewed andapproved by the Augusta-Richmond County Plan-ning Commission and authorized by action of theAugusta-Richmond County Commission before theroad names become official and before road signsare erected. The appropriate tax map(s) shall beamended by the Tax Assessor's office to reflectnew road names approved by action of the Augusta-Richmond County Commission.

Sec. 8-5-17. Establishment of uniform num-

bering system.

The Augusta-Richmond County Planning Com-mission shall develop and maintain a uniformscaled system of numbering roads. This address-ing system shall be used in designating addressesfor new and existing structures and to resolve

*Note—The current Comprehensive Zoning Ordinance ismaintained at the Augusta-Richmond County Planning Com-mission.


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address problems which tend to confuse the trav-eling public or tend to delay the response ofemergency services, mail delivery and other ser-vice providers.

Sec. 8-5-18. Issuance of street and/or mail-

ing addresses.

(a) Street and/or mailing addresses shall beissued by the Augusta-Richmond County Plan-ning Commission for all principal dwellings andbuildings located on all officially mapped publicand private roads within Augusta, Georgia andwithin certain municipalities in Richmond County,Georgia upon the request of the appropriate electedofficials of the municipalities.

(b) Addresses will be provided only on thoseroads which have been assigned a name in accor-dance with the guidelines set forth in this Article.

(c) Each new dwelling or principal structurewill be assigned an address at the time that abuilding permit, mobile home permit, or othersimilar permit is issued by the appropriate issu-ing authority.

(d) No building permit shall be issued for anyprincipal dwellings or buildings until the ownerhas obtained the official address from the Augusta-Richmond County Planning Commission.

(e) The certificate of occupancy for any struc-ture erected, repaired or modified after the effec-tive date of this Article shall be withheld by theLicense and Inspections Department until theaddress is posted on the structure as outlined inthis Article.

Sec. 8-5-19. Responsibility for placement of

numbers.

(a) The owner, occupant, or agent of each house,building or other structure assigned an addressunder the uniform numbering system shall placeor cause to be placed the number on the house,building, or other structure within 30 days afterreceiving notification from the Augusta-Rich-mond County Planning Commission of the propernumber assignment.

(b) Further, the owner, occupant or agent ofany existing house, building or other structureexisting as of the date of the adoption of thisArticle, shall place or cause to be placed thenumber on the house, building or other structurewithin 30 days after the adoption of this Ordi-nance.

(c) Cost and installation of the number mustbe paid for by the property owner or occupant.Residential numbers must not be less than threeinches in height. Business numbers must not beless than four inches in height. All numbers mustbe made of a durable, clearly visible material andmust contrast with the color of the house, build-ing, or other structure. Reflective numbers fornighttime identification are strongly recommended.

(d) The number must be conspicuously placedimmediately above, on or at the side of the appro-priate door so that the number is visible clearlyfrom the road. In cases where the building issituated more than fifty feet from the road, thenumber must be placed upon the mailbox or nearthe driveway so as to be easily read from the road.

Sec. 8-5-20. Location and installation.

Sign location and installation shall be in accor-dance with the specifications for road name signsas set for in the Comprehensive Zoning Article forAugusta, Georgia.

Sec. 8-5-21. New roads.

(a) The naming of new roads, such as in newsubdivisions, shall be reviewed and approved bythe Augusta-Richmond County Planning Commis-sion according to the present procedures of theAugusta-Richmond County Planning Commis-sion and authorized by action of the Augusta-Richmond County Commission before the roadnames become official.

(b) The names of new roads must not duplicateor be similar to an existing road name withinRichmond County, Georgia's geographical area.

(c) Existing duplicate road names may bechanged as necessary by Augusta, Georgia toensure efficiency of the emergency response sys-tem.


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Sec. 8-5-22. Existing roads.

(a) All public roads (those maintained by Au-gusta, Georgia and those maintained by the Geor-gia Department of Transportation) shall be named.All private roads requiring Augusta-RichmondCounty Planning Commission approval (both sub-division and site plan roadways depicting multi-ple buildings) shall be named.

(b) In the event of a conflict in either roadnaming or addressing, the Augusta-RichmondCounty Planning Commission staff will use itsbest judgment to resolve the conflict.

Sec. 8-5-23. Liability.

Augusta, Georgia, its officers, agents or employ-ees, together with any person following theirinstructions in rendering services, are not liablefor civil damages as a result of an act or omissionunder this Article, including but not limited to,developing, adopting, operating, or implementingan addressing system or plan.

Sec. 8-5-24. Effective date.

This Article shall take effect on the first dayfollowing final reading and adoption.

Sec. 8-5-25. Provisions severable.

(a) All provisions in other Ordinances for Au-gusta, Georgia in conflict with this Article arehereby repealed.

(b) If any provisions of this Article or theapplication thereof to any person or circumstanceis held invalid, the invalidity does not affect otherprovisions or applications of the Article which canbe given effect without the invalid provision orapplication and to this end, the provisions of thisArticle are severable.(Ord. of 8-4-98)

Chapter 6

GROUNDWATER RECHARGE

PROTECTION*


The Official Code of Georgia Annotated § 12-2-8 requires that certain minimum standards

shall be adopted by local governments to protectgroundwater recharge areas. This chapter con-forms to these minimum standards and also theminimum standards of Chapter 391-3-316, Rulesfor Environmental Planning Criteria, Georgia De-partment of Natural Resources EnvironmentalPlanning Division.

Sec. 8-6-2. Short title.

This chapter shall be known as the Groundwa-ter Recharge Area Protection Ordinance of Au-gusta, Georgia.


In order to provide for the health, safety andwelfare of the public and a healthy economicclimate within Augusta, Georgia and surroundingcommunities, it is essential that the quality ofpublic drinking water be ensured. For this reason,it is necessary to protect the subsurface waterresources that Augusta, Georgia and surroundingcommunities rely on as sources of public water.Groundwater resources are contained within aqui-fers, which are permeable, rock strata occupyingvast regions of the subsurface. These aquifers arereplenished by infiltration of surface water runoffin zones of the surface known as groundwaterrecharge areas. Groundwater is susceptible tocontamination when unrestricted development oc-curs within significant groundwater recharge ar-eas. It is, therefore, necessary to manage land usewithin groundwater recharge areas in order toensure that pollution threats are minimized.

Sec. 8-6-4. Objectives.

The objectives of this chapter are:

(a) Protect groundwater quality by restrict-ing land uses that generate, use or storedangerous pollutants in recharge areas;

(b) Protect groundwater quality by limitingdensity of development; and

(c) Protect groundwater quality by ensuringthat any development that occurs withinthe recharge area shall have no adverseeffect on groundwater quality.

*Editor’s note—Ord. No. 6093, § 2, adopted Oct. 6, 1998,set out provisions for Chapter 6 to read as herein set out. Seethe Code Comparative Table.


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Sec. 8-6-5. Establishment of a groundwater

recharge area district.

A groundwater recharge area district is herebyestablished which shall correspond to all landswithin the jurisdiction of Augusta, Georgia, ex-cept for those lands which lie to the east of theCenter of Georgia Railroad as shown on the mapof Most Significant Groundwater Recharge Areasof Georgia.

Sec. 8-6-6. Determination of pollution sus-

ceptibility.

Each recharge area shall be determined tohave a pollution susceptibility of high, medium orlow, based on the Georgia Pollution SusceptibilityMap prepared by the Georgia Department ofNatural Resources.

Sec. 8-6-7. Permit requirements, administra-

tion, and enforcement.

Within the groundwater recharge area district,no building permit, site plan or subdivision planwill be approved by Augusta, Georgia unless thepermit or plan is in compliance with the ground-water protection standards listed in section 8-6-11.

Sec. 8-6-8. Permit requirement.

A building permit or a development permitwithin the groundwater recharge area districtshall not be issued until a site plan or subdivisionplat, whichever is appropriate, has been reviewedand approved which illustrates compliance withthe groundwater recharge area protection chap-ter.. The requirements for site plans are to befound in the site plan regulations for Augusta,Georgia, and the requirements for subdivisionplats are to be found in the subdivision regula-tions for Augusta, Georgia. Those construction ordevelopment projects which are exempted underthe site plan regulations are likewise exemptedfrom the requirements of this chapter..

Sec. 8-6-9. Administration.

The Executive Director of the Augusta-Rich-mond County Planning Commission is herebydesignated as the administrator for this chapter.

Sec. 8-6-10. Enforcement.

(a) Augusta, Georgia, its agents, officers andemployees shall have authority to enter uponprivately owned land for the purpose of perform-ing their duties under this chapter and may takeor cause to be made such examinations, surveysor sampling as Augusta, Georgia deems neces-sary. The Director of Public Works shall haveauthority to enforce this ordinance and addressviolations or threatened violations hereof by issu-ance of violation notices, administrative ordersand civil and criminal actions. All costs, fees andexpenses in connection with such actions may berecovered as damages against the violator.

(b) Law enforcement officials or other officialshaving police powers shall have authority to as-sist the Director of Public Works in enforcement.

(c) Any person who commits, takes part in orassists in any violation of any provision of thischapter shall be fined not more than five hundreddollars ($500.00) for each offense. Each violationshall be a separate offense and, in the case ofcontinuing violation, each day's continuance shallbe deemed to be a separate and distinct offense.

(d) The Director of Public Works shall have theauthority to issue cease and desist orders in theevent of any violation of this chapter. Cease anddesist orders may be appealed to a court ofcompetent jurisdiction, as identified in section8-6-12.

(e) When a building or other structure hasbeen constructed in violation of this chapter, theviolator shall be required to remove the structure.

(f) When removal of vegetative cover, excava-tion or fill has taken place in violation of thischapter, the violator shall be required to restorethe affected land to its original contours and torestore vegetation, as far as practicable.

Sec. 8-6-11. Groundwater protection stan-

dards.

Within the groundwater recharge area district,the following minimum standards shall apply:

(a) Waste disposal facilities. All new wastedisposal facilities must have synthetic lin-ers and leachate collection systems.


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(b) Agricultural impoundments. New agricul-tural impoundments shall meet the fol-lowing requirements:

(i) For areas of high susceptibility, aliner shall be provided that is ap-proved by the U.S. Soil ConservationService (SCS).

(ii) For areas of medium susceptibility,an SCS-approved liner shall be pro-vided if the site exceeds fifteen (15)acre feet.

(c) Land disposal. No land disposal of haz-ardous waste shall be permitted withinany significant groundwater recharge area.

(d) Spill and leak protection. For all signifi-cant groundwater recharge areas, the han-dling, storage and disposal of hazardousmaterials shall take place on an imperme-able surface having spill and leak protec-tion approved by the Georgia Departmentof Natural Resources, Environmental Pro-tection Division (EPD).

(e) Secondary containment. For all signifi-cant groundwater recharge areas, newabove-ground chemical or petroleum stor-age tanks larger than six hundred sixty(660) gallons must have secondary con-tainment for one hundred ten (110) per-cent of tank volume or one hundred ten(110) percent of the largest tanks in acluster of tanks.

(f) Wastewater basins. For high pollution sus-ceptibility areas, new wastewater treat-ment basins shall be an impermeable linerapproved by EPD.

(g) Stormwater basins For high pollution sus-ceptibility areas, no new stormwater in-filtration basins may be constructed.

(h) Wastewater spray and sludge operation.For high pollution susceptibilityareas,wastewater spray irrigation sys-tems or the land spreading of wastewatersludge shall be practiced in accordancewith department of natural resources cri-teria for slow rate land treatment. Anapplication for a development permit foractivities involving wastewater spray ir-

rigation or land spreading of wastewatersludge must be accompanied by proof thatthe applicant has received a land applica-tion system permit from epd.

(i) Minimum lot sizes and septic systems.New homes served by septic tank/drainsystems shall conform to minimum lotsize requirements identified in Tables 1-3below. (Note: No construction may pro-ceed on a building permit or mobile hometo be served by a septic tank withoutapproval of the proposed septic system bythe Richmond County Health Depart-ment). The following shall be exemptedfrom all provisions of this chapter relatedto lot size:

a. Lots which are included on an "Over-all Concept Plan" per section 104.3of the Subdivision Regulations, or a"Sketch Plan" per section 200.1 ofthe Subdivision Regulations and sub-mitted prior to 5:00 p.m. on the dateof adoption of this chapter; and

b. Lots which are included on a "devel-opment plan" per article III of theSubdivision Regulations and submit-ted prior to 5:00 p.m. on December31, 1998; and

c. "Lots of record" (as defined herein)prior to 5:00 p.m. on December 31,1998.


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_________________________________________________________________________________________________

TABLE 1. Minimum Lot Size Requirements. Source: DHR Manual for On-Site Sewerage ManagementSystems.

Pollution SusceptibilityNew Homes Served by

Septic SystemsNew Mobile Homes Served by

Septic SystemsHigh 150% of minimum lot sizes spec-

ified in Table 2150% of minimum lot sizes spec-

ified in Table 3Medium 125% of minimum lot sizes spec-

ified in Table 2125% of minimum lot sizes spec-

ified in Table 3Low 110% of minimum lot sizes speci-

fied in Table 2110% of minimum lot sizes speci-

fied in Table 3

TABLE 2.Single Family Home Minimum Lot Size where served by On-Site Septic Tank Systems.

Source: DHR Manual for On-Site Sewerage Management Systems.

SLOPE OFLOT (%) SOIL GROUP (SEE APPENDIX)

1 2 3 4 5MINIMUM LOT SIZE IN SQUARE FEET

0—5 30,000 39,000 48,000 51,000 60,0005—15 33,000 42,000 51,000 54,000 66,00015—25 36,000 45,000 54,000 57,000 N/A25—35 39,000 48,000 57,000 60,000 N/A

TABLE 3. Mobile Home Parks Lot Size where served by On-Site Septic Tank Systems. Source: DHRManual for On-Site Sewerage Management Systems.

SLOPE OFLOT (%) SOIL GROUP (SEE APPENDIX)

1 2 3 4 5MINIMUM LOT SIZE IN SQUARE FEET

0—5 10,000 13,000 16,000 17,000 20,0005—15 11,000 14,000 17,000 18,000 22,00015—25 15,000 18,000 18,000 19,000 N/A25—35 13,000 16,000 19,000 20,000 N/A

_________________________________________________________________________________________________

Sec. 8-6-12. Judicial review.

(a) Jurisdiction. All final decisions of Augusta,Georgia concerning denial, approval or condi-tional approval of a permit shall be reviewable byappeal to the Superior Court of Richmond County.The procedure for said appeal shall be the sameas an appeal to the Superior Court from anydecision made by the Probate Court as providedby the laws of Georgia, except that said appealshall be filed within thirty (30) days from the dateof the decision of denial, approval or conditional

approval; and upon failure to file said appealwithin thirty (30) days, the decision of denial,approval or conditional approval shall be final.

(b) Alternative actions. Based on these proceed-ings and the decision of the court, Augusta may,within a time specified by the court, elect to:

(i) Institute negotiated purchased or condem-nation proceedings to acquire an ease-ment or fee interest in the applicant'sland;


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(ii) Approve the permit application with lesserrestrictions or conditions (i.e., grant avariance); or

(iii) Institute other appropriate actions or-dered by the court that fall within thejurisdiction of Augusta, Georgia.

Sec. 8-6-13. Amendments.

These regulations may, from time to time, beamended in accordance with procedures and re-quirements in the general statutes and as newinformation becomes available.

Sec. 8-6-14. Assessment relief.

Assessors and boards of assessors shall con-sider the requirements of these regulations indetermining the fair market value of land.

Sec. 8-6-15. Separability and abrogation.

All sections and subsections of this chapter areconsidered separate and distinct. Should any sec-tion, subsection, paragraph or part of this ordi-nance be declared by a court of jurisdiction to beinvalid for any reason, it shall not invalidate anyother section, subsection, paragraph or part ofthis chapter..

Sec. 8-6-16. Definitions.

(a) Aquifer. Any stratum (rock layer) or zone ofrock beneath the surface of the earth capable ofcontaining or producing water from a well. (Note:This is the same definition used in the Ground-water Use Act).

(b) Groundwater Recharge Area (synonymouswith Aquifer Recharge Area). An area of theEarth's surface where water infiltrates the ground,thereby replenishing the groundwater supplieswithin an aquifer.

(c) Lot of record. A parcel of land the dimen-sions of which are shown on a map on file with theClerk of Superior Court of Richmond County,Georgia, or in common use by county officials, andwhich actually exists as so shown, or any part ofsuch parcel held in a recorded ownership separatefrom the ownership of the remainder thereof.

(d) Pollution susceptibility. The relative vulner-ability of groundwater to pollution from chemicalspills, leaching of pollutants from dump sites,animal waste from agricultural operations or pol-lution generated by other human activities.

(e) Pollution susceptibility map(s). Maps pre-pared by the Georgia Department of NaturalResources (DNR) that show the relative suscepti-bility of groundwater to pollution. Pollution sus-ceptibility maps categorize the land areas of thestate into areas of high, medium and low ground-water pollution potential. These maps are avail-able at the office of the Augusta-Richmond CountyPlanning Commission.

(f) Significant groundwater recharge areas Ar-eas mapped by DNR in Hydrologic Atlas 18 (1989edition). Mapping of recharge areas is based onoutcrop area, lithology (chemical nature and formof the rock), soil type and thickness, slope, densityof lithologic contacts, geologic structure, presenceof "karst" topography (sinkholes, caves and fis-sures associated with limestone and other carbon-ate rocks), and potentiometric surfaces. Thesemaps are available at the office of the Augusta-Richmond County Planning Commission.(Ord. No. 6093, 10-25-95)

CHAPTER 7

WATER SUPPLY WATERSHED

PROTECTION ORDINANCE*


The Augusta-Richmond County Commissionwas authorized by the Home Rule Provision of theConstitution of the State of Georgia of 1983 to:establish planning commissions; provide for thepreparation and amendment of overall plans forthe orderly growth and development of municipal-ities and counties; provide for the regulations ofstructures on mapped streets, public buildingsites, and public open spaces; repeal conflictinglaws; and for other purposes. The Augusta-

*Editor’s note—Ord. No. 6094, § 1, adopted Oct. 20 1993,set forth provisions for a new chapter 7 to read as herein setout. See the Code Comparative Table.


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Richmond County Planning Commission, createdand organized under the terms of the aforemen-tioned Home Rule Provision, has made a studyand analysis of the provisions of O.C.G.A. § 12-2-8and Chapter 391-3-16, Rules for EnvironmentalPlanning Criteria, Georgia Department of Natu-ral Resources, Environmental Planning Division,and determined that this Water Supply Water-shed Protection Ordinance conforms to the mini-mum requirements.


In order to provide for the health, safety, andwelfare of the public and a healthy economicclimate within Augusta-Richmond County, it isessential that the quality of public drinking waterbe assured. The ability of natural systems to filterstormwater runoff can be threatened by unre-stricted urban and suburban development. Landdisturbing activities associated with developmentcan increase erosion and sedimentation that threat-ens the storage capacity of reservoirs. In addition,stormwater runoff, particularly from impervioussurfaces, can introduce toxicants, nutrients, andsediment into drinking water supplies, makingwater treatment more complicated, expensive andrendering water resources unusable. Industrialland uses that involve the manufacture, use,transport and storage of hazardous or toxic wastermaterials result in the potential risk of contami-nation of nearby public drinking water supplies.

The purpose of the water supply watershedprotection district regulation is to establish mea-sures to protect the quality and quantity of thepresent and future water supply for the City ofAugusta, Georgia; to minimize the transport ofpollutants and sediments to water supplies; andmaintain the yield of the water supply water-sheds.

Sec. 8-7-3. Title.

This chapter shall be known as the WaterSupply Watershed Protection Ordinance of Au-gusta, Georgia.

Sec. 8-7-4. District delineation.

The protected water supply watershed districtis hereby designated and shall comprise the landthat drains to Augusta, Georgia's public watersupply intake as follows:

(a) Savannah River watershed. The Savan-nah River Water Supply Watershed Dis-trict is hereby designated and shall com-prise the land that drains to Augusta,Georgia's water supply intake. the bound-ary of the district is defined by the ridgeline of the Savannah River watershed andthe boundary of a radius seven (7) milesupstream of the public water supply in-take on the Augusta canal. This districtshall be further delineated and defined onthe water supply watershed protectiondistrict overlay map of the official zoningmap of Augusta-Richmond county, whichis hereby incorporated and made a part ofthis chapter by reference.

(b) Each parcel of land within the watershedprotection district shall be subject to theprovisions, regulations, and restrictionsof both the Watershed Protection DistrictOrdinance and the underlying zoning dis-trict(s), as delineated in the Comprehen-sive Zoning Ordinance for Augusta-Rich-mond County. In the event of a conflict ordiscrepancy between the requirements ofthe Watershed Protection District Ordi-nance and the Comprehensive Zoning Or-dinance, the more stringent shall apply.

(c) Savannah River Watershed—Permitteduses and conditions. All uses allowed inthe underlying zoning districts are per-mitted in the Savannah River Water Sup-ply Watershed Protection District, subjectto the following limitation as to hazard-ous materials handlers: new facilities, lo-cated within a seven (7) mile radius up-stream of Augusta, Georgia's public waterintake on the Augusta Canal, which han-dle hazardous materials of the types andamounts determined by the Georgia De-partment of Natural Resources (DNR),shall perform their operations on imper-


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meable surfaces having spill and leakcollection systems as prescribed by DNR.

Sec. 8-7-5. Site plan requirements.

All applications for a development permit withinthe watershed protection district shall be re-quired to have a site plan submitted and ap-proved by the Augusta-Richmond County Plan-ning Commission before any building permitsmay be approved or any land disturbing activitymay take place. Each site plan submitted shallinclude all of the information in Article III, Sec-tions 300-303 of the Site Plan Regulations forAugusta, Georgia. In addition, any hazardousmaterials handler shall provide location and de-tailed design of any spill and leak collectionsystems designed for the purpose of containingaccidentally released hazardous waste.

(a) Approval process. The approval processfor a site plan submitted in accordancewith this ordinance shall be the same asthe procedures specified in Article II ofthe Site Plan Regulations for Augusta,Georgia.

(b) Hardships and variances Variances to de-cisions on permit applications shall behandled in the manner specified by Arti-cle IV, Section 400 of the Site Plan Regu-lations for Augusta, Georgia.

(c) Activity compliance All development ac-tivities or site work conducted after ap-proval of the site plan shall conform withthe specifications of said site plan.

(Ord. No. 6094, 10-20-98)

Chapter 8

SITE PLAN REGULATIONS

Sec. 8-8-1. Incorporation of site plan regula-

tions.

The Site Plan Regulations for Augusta, Geor-gia, as adopted on June 1, 1999, and as attached

hereto, are included as Appendix D to this Codeand are hereby incorporated into this section as ifset out in full herein.(Ord. No. 6168, § 1, 5-18-99)

Chapter 9

SUBDIVISION COVENANTS*


The Augusta-Richmond County Commissionhas determined that the building of subdivision inphases, and the connecting of subdivisions byconnector streets, with dissimilar restrictive cov-enants being imposed by the developer in therespective sections or subdivisions, leads to incom-patible housing and aesthetically dissimilar hous-ing. The Augusta-Richmond County Commissionhas determined that it is in the public interest toregulate such restrictive covenants to the extentallowed by law, by prohibiting the dedication ofpublic streets and public utilities within saidsubdivisions with dissimilar covenants.

Sec. 8-9-2. Acceptance of deeds of dedica-

tion of streets and utilities.

A developer of a new subdivision, or of a newphase to an existing subdivision, which has exist-ing restrictive covenants recorded in the Office ofthe Clerk of Superior Court, shall be required, asa prerequisite to presenting to the County foracceptance a Deed of Dedication to any streetswithin the subdivision or any utilities within thesubdivision, to present to the Executive Directorof the Augusta-Richmond County Planning Com-mission, restrictive covenants, in a form suitablefor recording, to be placed upon the new subdivi-sion or the new section of an existing subdivision.These restrictive covenants must be at least asrestrictive as those covenants applicable to theexisting subdivision, or the previous phase of asubdivision, to which the new subdivision willconnect.

*Editor’s note—Ord. No. 6183, § 1, adopted July 20, 1999,set out provisions for Ch. 3 to read as herein set out. See theCode Comparative Table.


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Sec. 8-9-3. Appeal.

Should the Executive Director of the Augusta-Richmond County Planning Commission deter-mine that the covenants are not compatible withthe existing covenants, the Executive Directorshall recommend to the Augusta-Richmond CountyCommission that it not accept for dedication anypublic street or utility to be dedicated to thepublic use. The developer may appeal any suchdecision or recommendation by the ExecutiveDirector to the Augusta-Richmond County Com-mission.(Ord. No. 6183, 7-20-99)


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Documents

TITLE 8 PLANNING AND ZONING* - Augusta, Georgia