§ 86-135. Exemptions.

(a)

Land uses existing prior to the promulgation of the water supply watershed protection district. For the purposes of this article a pre-existing use is defined as any land use or land disturbing activity, including all human endeavors directly associated with such use or activity, which, prior to the promulgation of this article falls within one of the following categories.

(1)

Is completed;

(2)

Is under construction;

(3)

Is fully approved by the governing authority;

(4)

All materials have been submitted for approval by the governing authority; or

(5)

Is zoned for such use and expenditures in excess of $2,500.00 have been made in preparation for construction in accordance with such zoning.

(b)

Mining activities permitted by the state department of natural resources under the Georgia Surface Mining Act of 1968 (O.C.G.A. § 12-4-70 et seq.).

(c)

Utilities from the stream corridor buffer and setback area provisions in accordance with the following conditions if the utilities to be located in the buffer or setback areas cannot feasibly be located outside these areas:

(1)

The utilities shall be located as far from the stream bank as reasonably possible.

(2)

The installation and maintenance of the utilities shall be such to protect the integrity of the buffer and setback areas as best as reasonably possible.

(3)

The utilities shall not impair the quality of the drinking water stream.

(d)

Specific forestry and agricultural activities in the stream corridor buffer and setback areas in accordance with the following conditions.

(1)

The activity shall be consistent with the best management practices established by the state forestry commission or the state department of agriculture.

(2)

The activity shall not impair the quality of the drinking water stream.

(Ord. of 9-23-1999(10), § V)