§ 26.3. Protected mountain corridor (PMC).

26.3-1

PMC applicability. The PMC shall apply to all applicable, public or private, mountain areas within the unincorporated boundaries of Cherokee County that:

• Are above 2,200 feet or greater above mean sea level;

• Have a percentage slope of 25 percent or greater for at least 500 feet along a horizontal plane;

• Shall be inclusive of crests, summits, and ridge tops that lie in any area above the beginning elevation threshold. Flanks of crests, summits and ridge tops with less than 25 percent slope shall be included within the PMC.

26.3-2

Protected mountain corridor districts. Cherokee County has defined and mapped two protected mountain corridors that are located in the northwest section of the county. The two corridors lie within a conservation area interior to Lake Arrowhead, a planned unit development constructed in the 1970's, and are recognized as follows:

• Pine Log Mountain at an elevation of 2,350 feet above sea level

• Bear Mountain at an elevation of 2,302 feet above sea level

26.3-3

Determination thresholds.

(1)

Determination of elevation.

a.

Parcels of land that are located at and lie above 2,200 foot elevation, as shown on a U.S. Geological Survey quadrangle map as the 2,200 contour line, shall be recognized as protected mountain corridors.

(2)

Determination of slope. Parcels of land that have a 25 percent or greater slope for at least 500 feet in a horizontal plane shall be recognized as protected mountain corridors. Calculation of slope shall be derived from one of the three methods herein:

a.

Measuring the proximity of contour lines on a quadrangle map;

b.

Computer algorithms based on U.S. geological Survey Digital Elevation Models;

c.

Standard survey practice by registered surveyor.

26.3-4

Protected mountain corridor standards. Herein are the protected mountain corridor standards that shall apply to the unincorporated boundaries of Cherokee County:

(1)

Land disturbance activity.

a.

Any proposed land disturbing activity shall meet the applicable requirements defined in the Erosion and Sedimentation Act of 1975, as amended, and the applicable regulations of local ordinances pertaining to soil erosion and sedimentation control.

b.

Any proposed land disturbing activity shall meet the applicable requirements of the local governing authority when one or more septic tanks are to be used for individual sewage disposal.

c.

Any proposed land disturbing activity shall meet the applicable requirements of the Water Well Standards Act of 1985, the Department of Human Resources regulations on individual and nonpublic wells and any other applicable requirements of the local governing authority, considered more stringent, when one or more wells are to be used for individual water supply.

d.

Any proposed land disturbing activity shall not remove more than 50 percent of the existing trees that are greater than eight inches in diameter at the DBH unless an application of reforestation, in accordance with Article 25, has been submitted.

(2)

Sewage. Sewage treatment shall meet all applicable requirements of the Georgia Water Quality Control Act when the sewage treatment is to be provided by alternate measures consisting of one or more individual septic tanks.

(3)

Water supply. Water supply shall meet all applicable requirements of the Georgia Safe Drinking Water Act of 1977 when public water is supplied.

(4)

Single-family dwelling(s). Single-family dwelling density shall not exceed more than one DUA and not be less than 100 feet at building setback. Exemptions to the density restrictions are:

a.

Any lot of less than one acre recorded in the Deed and Records of the Cherokee County Clerk of Superior Court with title of owner(s) and recognized as real property on survey plat as such as of (implementation date).

b.

Any lot or parcels of land that was part of a master plan for a planned unit development or special approved development approved for development by issuance of a land disturbance permit prior to (implementation date) and was pursuant to the applicable regulations of the zoning ordinance effective on said date.

(5)

Multi-family dwelling(s).

a.

Multi-family dwelling density shall not exceed more than four DUA in the absence of a public water supply and sewerage system.

b.

Multi family dwelling density shall not exceed more than six DUA if a water supply and sewerage system is available. Parcel shall not be less than 100 feet wide at the building site.

(6)

Height restrictions. No structure shall extend more than 40 feet beyond the uppermost point of the crest, summit or ridge top of the protected mountain. The measurement shall be from the highest point at the intersection of the structure and ground level. Exemptions to the height restrictions are:

a.

Water, radio and television towers;

b.

Equipment for the transmission of electricity

c.

Minor vertical projections of a primary structure such as:

• Antennas

• Spires; Steeples; Belfries

• Chimneys; Flues

• Cupolas

• Flagpoles

• Poles

(7)

Tree survey plan. A detailed tree survey plan, in accordance with Article 27: Tree Preservation and Replanting Standards, shall be submitted and approved prior to submittal of an application for development. A topographical survey of the project site with an assessment of the impact on the longevity for survivability of the natural environment after completion shall be required in addition to the tree survey plan.

26.3-5

Protected mountain corridor plan(s) Plans for a protected mountain corridor shall be mapped and identified. Considerations that shall be addressed pertaining to the protected mountain corridor are:

(1)

The effect of activities within protected mountain areas to the public health; safety; welfare and private property rights;

(2)

The effect of activities on ground water or surface-water quality within delineated area of protection;

(3)

The effect of activities on the visual aesthetics of the delineated area of protection;

(4)

The effect of activities on adjacent environmental sensitive areas to the delineated area of protection;

(5)

The effects of activities and whether they are temporary or permanent. Temporary activities shall specify the duration of time for the impact.

(6)

Conservation of unique or significant flora and fauna species (i.e. threatened, rare and/or endangered species);

(7)

Preservation of significant state historical and archaeological resources recognized by the National Register of Historic Places or listed as eligible.

26.3-6

Protected mountain corridor permitted uses. Herein are the permitted uses that are allowed in the PMC districts, provided that conditions are met:

(1)

Agricultural and forestry.

a.

Agriculture and forestry shall be consistent with the best management practices established by the Georgia Forestry Commission or the Georgia Soil and Water Conservation Commission;

b.

Agriculture and forestry shall be consistent with all state and federal laws, and all regulations promulgated by the Georgia Department of Agriculture.

(2)

Roadways. Road constructed within a protected mountain corridor provided that they are designed to deter the threat of landslides, erosion and run-off.

(3)

Mining. Local governing authority shall allow mining activity that is permitted by the department of natural resources.

26.3-7.

Protected mountain corridor prohibited uses. Herein are the prohibited uses in the PMC districts:

(1)

Hazardous waste.

a.

Receiving and storage areas that involve handling of hazardous waste;

b.

Disposal facilities for hazardous or solid waste. Exemption shall be granted for those disposal facilities permitted by the environmental protection division prior to the establishment of the PMC.

26.3-7(2)

All uses shall be deemed unacceptable that are unapproved by the local governing authority.

(Ord. No. 00-O-12, 4-20-90)