§ 12.5. Land development requirements.

12.5.1 Buffer and setback requirements. All land development activity subject to this ordinance shall meet the following requirements:

1)

An undisturbed natural vegetative buffer shall be maintained for 50 feet, measured horizontally, on both banks (as applicable) of the stream as measured from the top of the stream bank.

2)

An additional setback shall be maintained for 25 feet, measured horizontally, beyond the undisturbed natural vegetative buffer, in which all impervious cover shall be prohibited. Grading, filling and earthmoving shall be minimized within the setback.

3)

No septic tanks or septic tank drain fields shall be permitted within the buffer or the setback.

12.5.2 Variance procedures. Variances from the above buffer and setback requirements may be granted in accordance with the following provisions:

1)

Where a parcel was platted prior to the effective date of this ordinance, and its shape, topography or other existing physical condition prevents land development consistent with this ordinance, and the Paulding County Water and Sewer System Department and Paulding County Community Development Department finds and determines that the requirements of this ordinance prohibit the otherwise lawful use of the property by the owner, the request for a variance may be forwarded to the Paulding County Development Waiver Review Committee for a hearing.

The Paulding County Development Waiver Review Committee shall hold a hearing on the variance request within 30 days of the date of the variance request or at its next regularly scheduled meeting in accordance with the procedures set forth in the administration article of the development regulations. In the event the Paulding County Development Waiver Review Committee determines that the criteria contained herein are met, the Paulding County Development Waiver Review Committee may grant a variance from the buffer and setback requirements hereunder, provided such variance require mitigation measures to offset the effects of any proposed land development on the parcel. In the event the party requesting the variance is aggrieved by the decision of the Paulding County Development Waiver Review Committee, the variance request may be appealed to the Paulding County Board of Commissioners for consideration. All such appeals of variance requests must be made in writing with a copy provided to the Paulding County Board of Commissioners and the Paulding County Community Development Department and must be submitted within 30 days of the decision by the Paulding County Development Waiver Review Committee. Thereafter, the Paulding County Board of Commissioners shall consider the appeal at a public meeting within 30 days or at its next regularly scheduled meeting. The Paulding County Board of Commissioners may grant a variance from the buffer and setback requirements hereunder, provided such variance require mitigation measures to offset the effects of any proposed land development on the parcel.

2)

Except as provided above, the Paulding County Development Waiver Review Committee and/or the board of commissioners shall grant no variance from any provision of this ordinance without first conducting a public hearing on the application for variance and authorizing the granting of the variance by an affirmative vote of the Paulding County Board of Commissioners. Paulding County shall give public notice of each such public hearing in a newspaper of general circulation within Paulding County. Paulding County shall require that the applicant post a sign giving notice of the proposed variance and the public hearing. The sign shall be of a size and posted in such a location on the property as to be clearly visible from the primary adjacent road right-of-way.

Variances will be considered only in the following cases:

(a)

When a property's shape, topography or other physical conditions existing at the time of the adoption of this ordinance prevents land development unless a buffer variance is granted.

(b)

Unusual circumstances when strict adherence to the minimal buffer requirements in the ordinance would create an extreme hardship.

Variances will not be considered when, following adoption of this ordinance, actions of any property owner of a given property have created conditions of a hardship on that property.

3)

At a minimum, a variance request shall include the following information:

(a)

A site map that includes locations of all streams, wetlands, floodplain boundaries and other natural features, as determined by field survey;

(b)

A description of the shape, size, topography, slope, soils, vegetation and other physical characteristics of the property;

(c)

A detailed site plan that shows the locations of all existing and proposed structures and other impervious cover, the limits of all existing and proposed land disturbance, both inside and outside the buffer and setback. The exact area of the buffer to be affected shall be accurately and clearly indicated;

(d)

Documentation of unusual hardship should the buffer be maintained;

(e)

At least one alternative plan, which does not include a buffer or setback intrusion, or an explanation of why such a site plan is not possible;

(f)

A calculation of the total area and length of the proposed intrusion;

(g)

A stormwater management site plan, if applicable; and,

(h)

Proposed mitigation, if any, for the intrusion. If no mitigation is proposed, the request must include an explanation of why none is being proposed.

4)

The following factors will be considered in determining whether to issue a variance:

(a)

The shape, size, topography, slope, soils, vegetation and other physical characteristics of the property;

(b)

The locations of all streams on the property, including along property boundaries;

(c)

The location and extent of the proposed buffer or setback intrusion; and,

(d)

Whether alternative designs are possible which require less intrusion or no intrusion;

(e)

The long-term and construction water-quality impacts of the proposed variance;

(f)

Whether issuance of the variance is at least as protective of natural resources and the environment.