§ 26.4. Etowah/Little River protection corridor (ELRPC).

26.4-1.

Applicability. The ELRPC shall apply to all applicable, public and private land, within the 150 feet boundaries (measured horizontally) on each side of the Etowah and Little River. This corridor is established to provide protection against pollutants to the Etowah, a significant drinking water resource, and Little River. However the entire Etowah River Corridor, having an average flow greater than 400 cubic feet per second (cfs), qualifies as a protected river under O.C.G.A. 12-2-8. The ERPC will be an overlay district and the specific land uses permitted are outlined in subsection 26.3-4.

26.4-2

Underlying zoning districts. The regulations pertaining to the underlying zoning districts defined in the Cherokee County Zoning Ordinance shall be maintained and not affected, unless otherwise noted herein.

26.4-3

Etowah/Little River Protection corridor criteria.

(1)

All development within the ELRPC shall maintain a natural vegetative buffer except as otherwise noted herein.

(2)

Restoration of the buffer shall immediately begin after any land disturbing activity within the delineated corridor by the planting of grass followed by the installation of landscaping within 12 months.

(3)

Construction of all types shall be prohibited except otherwise noted herein.

26.4-4

Etowah/Little River Protection Corridor exemptions. Provided herein are the permitted exemptions for the Etowah/Little River Protection Corridor:

(1)

Single-family dwellings, including the usual appurtenances, that meet the following conditions:

a.

Dwelling is in compliance with all zoning regulations.

b.

Dwellings shall be located on a minimum two-acre parcel of land. Any area that is located within the river between the banks and is part of the protected river shall not be counted toward the total acreage requirement.

c.

Each two-acre or greater parcel of land shall have only one dwelling.

d.

A septic tank(s) that serves the dwelling unit shall be allowed to locate within the buffer area; however, the drain fields shall be prohibited from the corridor buffer area.

(2)

All construction for road crossings and utility crossings across the river corridor that meet the requirements of the Erosion and Sedimentation Control Act of 1975 and/or other applicable local ordinances on soil erosion and sedimentation control.

(3)

Land use that was existing prior to the implementation of this ordinance and meets the following conditions:

a.

Industrial and commercial uses located along river corridor shall not impair the drinking quality of the river water; and

b.

Industrial and commercial uses located within the river corridor shall meet all state and federal environmental rules and regulations.

(4)

Mining activities that have been permitted by the Georgia Department of Natural Resources pursuant to the Georgia Surface Mining Act of 1968, as amended.

(5)

All utilities other than listed in subsection 28.3-5(2) that cannot feasibly be located outside the buffer area, provided that:

a.

All utilities shall be located as far from the riverbank in a horizontal plane as reasonably possible;

b.

All utility installation and maintenance shall be carried out in a manner as to protect the vitality of the buffer area as reasonably possible; and

c.

All utilities shall not impair the quality of water that is drawn from the river for the purpose of drinking.

(6)

Timber production and harvesting that meet the following conditions:

a.

Forestry activity that is consistent with best management practices established by the Georgia Forestry Commission; and

b.

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

(7)

Agricultural production and management that meet the following conditions:

a.

Agricultural activity is consistent with best management practices established by the Georgia Soil and Water Conservation Commission;

b.

Agricultural activity shall not impair the drinking quality of the river as defined by the Federal Clean Water Act, as amended; and

c.

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

(8)

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

(9)

Waste-water treatment facilities.

(10)

Natural water quality treatment or purification facilities.

(11)

Recreational usage consistent either with the maintenance of a natural vegetative buffer or with river-dependent recreation.

(12)

Other uses permitted by the Georgia Department of Natural Resources or under Section 404 of the Clean Water Act.

26.4-5

Prohibited uses. The following limitations on permissible uses shall apply within the ELRPC in addition to the regulations of the underlying zoning district:

(1)

Septic tanks and septic drain fields are prohibited within river corridor except the systems indicated in subsection 26.3-4(1)d.

(2)

Hazardous waste receiving and storage areas are prohibited within river corridor.

(3)

Hazardous waste or solid waste landfills are prohibited within river corridor.

(4)

All uses that have not been issued approval by Cherokee County shall not be acceptable within the river corridor.

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