1. STORM WATER MANAGEMENT
~ Cobb County Code ~
Instructor: Frank L. Gipson, CPESC
Level I Certified Trainer 098
level II certified trainer 098
Level II certified design pro 379
Level IB certified inspector 379

2. Division 1. Section 50-101. A History.
On April 13, an ordinance amended the Cobb County Code by repealing former sub-section
Former sub-section outlined definitions and was derived from a September 28, ordinance.

3. Section
Purpose and Intent.
To protect, maintain and enhance the public health, safety and welfare of future and existing land development within the county.

4. Section
Purpose and Intent.
CONTINUED …
To establish requirements and procedures to control the adverse results of increased storm water runoff associated with future and existing land development.

5. Watershed Management Plan Section 50-104.
Plans for a comprehensive stormwater management program must be submitted to the Cobb County board of commissioners for review and approval.
The plans must address the management of storm water quantity and quality.

7. SCOPE OF ARTICLE Section 50-105. Land can not be developed
SCOPE OF ARTICLE Section Land can not be developed without first providing appropriate Storm Water Management measures that will control or manage runoff in compliance with this article.

8. SCOPE OF ARTICLE, cont. This article applies to all land development including but not limited to: # Site plan applications # Subdivision applications # Grading applications

9. SCOPE OF ARTICLE, cont. These standards apply to any new development or redevelopment site that meets one or more of the following critieria: > New development that creates 5,000 square feet or more of impervious cover, OR that involves other land development or 1 acre or more. > Redevelopment that creates, adds or replaces 5,000 square feet or more of impervious cover, OR that involves other land development activity or 1 acre or more. > Any new development or redevelopment regardless of size, that is defined by the manager to be a hotspot land use.

10. Section 50-106. The following development activities are exempt from this article:
Agricultural land management activities.
Additions or modifications to existing detached single-family dwellings.
Developments that do not create more than 5,000 square feet of impervious area.
Residential developments consisting of single family dwellings, each on a lot of 80,000 square feet or more, so long as the total impervious area on each lot is less than 5,000 square feet.
Repairs to any stormwater management facility or practice, deemed necessary by the county manager.

11. Variance and Appeal Procedures
The county manager sits in a
Quasi-judicial capacity to hear and decide all appeals and variance requests.
A written application must be filed with
the county water system manager and with the county manager.

12. The following procedures apply to all appeal applications:
Any person aggrieved by a decision of the manager in the interpretation and administration of this article, may appeal by filing a written application of appeal with the manager & County Manager within ten (10) days of the issuance of such a decision by the manager.
County Manager shall hear and decide appeals only where there is an alleged error in any requirement, decision or determination made by the manager in the enforcement or administration of this article.
The application for appeal shall state specific reasons why the decision of the manager is alleged to be in error.
Appeals, cont.
The following procedures apply to all appeal applications:

13. The following procedures apply to all appeal applications:
Within ten days of receipt of the application of appeal, the manager shall prepare and serve upon the appellant a response to the application for appeal.
The danger to life and property due to flooding or erosion damage.
Appeals, cont.
The following procedures apply to all appeal applications:

14. Substantial changes from the stormwater design or concept plan shall be referred to all agencies which reviewed the original plan.
Section
Continuing Review

15. Any applicant or owner of a parcel of land who has constructed the required on-site stormwater management facility … OR
is in the process of meeting stormwater requirements at the time of the effective date of this article, may apply for reconsideration to the manager under provisions of this article.
Section
Grandfather Clause.

16. Each property owner shall pay a stormwater management assessment, as determined by the board of commissioners based upon projected costs to be incurred by the county in undertaking its duties and responsibilities. Funds collected by the county shall be used to establish and maintain a stormwater management assessment fund.
Section
Stormwater Management Assessment Districts.

17. All dedicated land accepted by the county shall be maintained by the county to enhance public health, safety and welfare, assist in the maintenance of water quality standards, minimize property damage, reduce local flooding and to maintain as much as possible, the preexisting development runoff characteristics of the area.
Section
Maintenance of stormwater facilities. Residential.

18. All commercial / industrial stormwater management facilities in the county shall be maintained by the owners in a manner to enhance public health, safety and general welfare, to ensure that such facilities are safe and will not result in injury or harm to persons or property, to reduce and to minimize impact of such facilities on land and stream channel erosion.
Section
Maintenance of stormwater facilities. Commercial /Industrial.

19. Violations, enforcement and penalties. Inspections. Section 50-113. (a)
During construction, inspections may periodically occur. Final inspections will be conducted following completion of work.
The Manager shall have the power to conduct investigations as deemed necessary, to enter public or private property at reasonable times, for the purpose of investigating and inspecting the sites of any permittee.

20. Section (b) cont.
Notice of Non-Compliance. If a permittee fails to comply with the terms and conditions of the permit, written notice to comply will be issued.

21. Section 50-113. (b) cont. A Notice of Non-compliance contains the following:
Name and address of owner or responsible person.
Address of the site where violation occurred.
Statement describing the violation.
Remedial measures and deadline for completion of the measures.
Statement of penalty or penalties assessed for failure to comply.
Instructions on how to appeal the non-compliance notice.

22. Section (c) cont. Stop Work Orders > Work on any project that violates this article, or is dangerous or unsafe, shall be stopped immediately. > Stop Work Order (SWO) shall be in writing. > SWO will outline the violation(s). > SWO will outline corrective measure which must be completed before work may resume. > In emergencies, no written notice is required.

23. Section (d) cont. Suspension, revocation or modification of permit A permit issued under this article may be suspended, revoked or modified by the manager or designee, if the holder is in violation of this article

24. Section 50-113. (e) cont. Civil Penalties Penalties up to $1,000
Section (e) cont. Civil Penalties Penalties up to $1, per day, but not less than $ per day, shall be imposed on person(s) in violation of any provision of this article. The penalty imposed accrues for each day that the site(s) remains non-compliant.

25. Division 2. STORMWATER CONCEPT AND DESIGN PLANS

26. Section 50-126. Submission of Plans
(a) Stormwater concept plans must be submitted to the department for review and approval not less than five (5) working days prior to submission of engineering drawings for the entire development.

27. Section 50-126. cont. (b) All preliminary plans of
development must be consistent
with the stormwater concept plan
and with the county watershed plan.
(c) After the stormwater
concept plan is approved, the
applicant must submit a final
design plan to the department for approval.

28. Section cont.
(d) Any plan involving stormwater management facilities OR land dedicated to public use shall also be submitted for approval to the jurisdictional agency over the land.
(e) Evidence that the applicant has complied with requirements to obtain any applicable federal and/or state permits shall be provided to the department.

29. Section 50-127 (a). Permit Requirements.
No building, grading or ground disturbance permit shall be issued or modified without the following:
1. A security acceptable to the county attorney.
2. Recorded easements for regional stormwater management facilities.

30. Section (a). cont An approved stormwater management design plan An inspection and maintenance agreement executed by the landowner for all private, on-site stormwater management facilities.

31. Section (b). The manager may require an approved stormwater design plan AND the recording of all necessary easements prior to issuance of a building, grading or land disturbance permit.

32. Section (c) A permit shall NOT be granted prior to the approval of a stormwater design plan and an executed maintenance agreement, if an agreement is required by this sub-section.

33. Section (d). Approved stormwater design plans shall contain certification by the applicant that all land clearing, construction, development and drainage shall be done according to the plan or approved revisions. Permits and/or occupancy certificates may be revoked at any time if approved construction plans are not strictly followed.

34. Section 50-128 (a). Development Fees.
If a stormwater management facility is to be constructed as a system improvement and the applicant voluntarily enters into a development agreement with the county, a fee in lieu of construction may be accepted by the manager.
*The stormwater management division is under no obligation to accept an application fee in lieu of detention.

35. Section (b) Credit for the land shall be determined in the method prescribed under the county’s development agreement. (c) Upon payment of the fee, the developer of record may be entitled to utilize the county stormwater management facilities. (d) Fees provided for in this section are in addition to any user fee established or required under this article.

36. Section 50-129. Permit Suspension and Revocation
A grading, building or land disturbance permit or certificate of occupancy may be suspended or revoked after written notice is given to permittee for any of the following reasons:

37. Suspensions and Revocations.
1. Any violation of the conditions of the stormwater design plan approval.
2. Construction is not in accordance with the approved plans.
3. Non-compliance with correction notices or Stop Work Orders.
4. Existence of imminent danger in a downstream area which may potentially threaten life or physical property.
Section cont.
Suspensions and Revocations.

38. Section 50-130. Minimum Requirements
(a) Minimum stormwater control requirements shall provide management measures necessary to maintain or reduce the pre-development peak discharges.
(b) Stormwater concept and design plans, where applicable shall be consistent with adopted and approved watershed management plans as approved by the board of commissioners.

39. Section (c). cont. Stormwater concept plans shall include, but are not limited to, the following: (1) Existing proposed site plans such as proposed topography, perennial and intermittent streams and other impervious surfaces. (2) A written or graphic inventory of natural resources at the site before construction, such as forest cover, wetlands, soil conditions and floodplains (3) A written or graphic concept plan of proposed post-development stormwater management which includes flow paths, swales and storm drains .

40. Section (d). cont The final stormwater plan must detail how post-development stormwater run off will be controlled or managed.

41. Section 50-131 Stormwater Management Measures
Stormwater management measures may include structural and nonstructural elements.
Natural swales and other natural runoff conduits shall be retained where practicable

42. Section cont. Dam Design Guidelines Land disturbing activity that involves a dam must comply with the Georgia Safe Dams Act and Rules for Dam Safety. No residential lots shall be platted on a dam. No house or other habitable structure shall be permitted on a dam.

43. Section 50-132. Post Development Stormwater Management Performance Criteria
All stormwater runoff generated from a site must be adequately treated before discharge.
Protection of stream channels from bank and bed erosion degradation shall be provided by using all three of the following approaches:

45. Section cont Preservation and restoration of the stream buffer hour extended detention storage of the one year, 24-hour return frequency storm event Erosion prevention measures such as energy dissipation and velocity control.

46. Section 50-132. cont. Overbank Flooding Protection
Section cont. Overbank Flooding Protection. Downstream overbank flood and property protection shall be provided by controlling post-development peak discharge rate to the pre-development rate for the two-year through 25-year, 24-hour return frequency storm event.

47. DIVISION 3. Inspection and Maintenance

48. Section 50-141. Ownership and Maintenance of Stormwater Management Facilities (SMF).
Stormwater management measures relying on designated vegetated areas shall be privately owned and maintained, per the plans.
Regional SMFs facilities shall be publicly owned, maintained and inspected a minimum of once every 2 years.
All other SMFs shall be publicly owned and maintained only by written agreement with the county.

52. Section 50-142. Agreement between county and municipalities
Section Agreement between county and municipalities. Prior to implementation of a stormwater plan, the manager shall furnish a copy to the board of commissioners, of any stormwater management plan which may affect any incorporated city, town municipality or other local government.

53. Section 50-143. County Participation in Development Agreement
Section County Participation in Development Agreement. A voluntary development agreement between the applicant and the county may provide for extra storage capacity beyond that required by the applicant, for on-site stormwater management in order to enhance or provide for public health, safety, etc. or to provide protection in a more desirable fashion for future development.

54. Section Security for Construction of Stormwater Management Facilities The applicant shall provide a separate cash bond and adequate written assurance of adequate and available funds for such construction deposited with a financial institution prior to issuance of any building, ground disturbance and/or grading permit.

58. Section Inspection for Preventive Maintenance, Regional Facilities. Preventive maintenance inspections of infiltration system, retention of detention structures or other stormwater management facilities and best management practices (BMPs) owned by the county may be made by the department.

60. Section 50-156. Applicability of this Subdivision
Section Applicability of this Subdivision. Provisions of this subdivision apply only to on-site facilities

62. Section Inspection Schedule and Reports Prior to approval of stormwater design plan, the applicant shall submit a proposed inspection and construction control schedule which may be approved, modified or disapproved. No stage work shall proceed until the next preceding work is inspected and approved.

63. Section cont. Any work NOT in compliance with the stormwater design plan shall be promptly corrected by the permittee. The permittee shall notify the department BEFORE commencing any work to implement the design plan.

64. Section 50-158. Inspection Requirements During Construction
Section Inspection Requirements During Construction. The permittee shall provide for regular inspections to be certified to the manager, by a registered professional engineer at construction stages.

65. Section cont. All inspections shall be documented with written reports that contain: Date and location of inspection Whether construction complies with approved stormwater plan Variations from the approved construction specifications Any other variations or violations of the approved stormwater management plan.

66. Section 50-159. cont. Final Inspection Reports
Section cont. Final Inspection Reports. Permittee shall provide a record survey certified by an engineer professional to be submitted upon completion of a stormwater management facility.

67. Section cont Registered professional engineer shall certify that : The facility has been constructed as shown on the record survey plan The facility meets the approved stormwater design plan and specifications OR Achieves the function for which it was designed.

68. Section cont. A final inspection may be conducted upon completion of the stormwater management facility to determine if the completed work is in accordance with the design plan.

69. Section 50-160. cont. Final Inspection and Record Drawing Plans
Section cont. Final Inspection and Record Drawing Plans. Applicants are required to submit record drawing plans which reflect actual constructed conditions for any stormwater management facility or practices, after final construction is completed.

70. Section Inspection and Maintenance Agreement > An inspection and maintenance agreement shall be executed for all private on-site stormwater management facilities prior to issuance of grading, ground disturbance or building permit(s). > The agreement shall provide that preventive maintenance inspections of infiltration systems, retentions and detention structures may be made by the department.

71. Section cont. > Inspection reports shall be maintained by the department. > The agreement shall provide that the department shall notify the owner of violations, deficiencies, or failure to comply with this article.

74. Thank you for your kind attention!