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Board allows 202 sq ft pool encroachment into stream buffer; requires revegetation and stormwater controls

Cherokee County Community Development/Appeals Board · December 12, 2024
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Summary

The board approved a 202-square-foot encroachment into a recorded 50-foot stream buffer at Hawks Ridge for a pool installed on a new house, conditioned on revegetation, arborist review, and structural stormwater controls sized to offset the encroachment per stormwater memo. Builder Brent Libby said the stream27s position had changed slightly and documented inspections had passed earlier phases.

At Hawks Ridge Drive the appeals board reviewed an as-built pool encroachment of approximately 202 square feet into a recorded 50-foot stream buffer. Staff read a stormwater memo and said the county27s grandfathering provisions set the applicable state-waters buffer at 50 feet and that structural stormwater controls are required to offset the encroachment; those controls must meet Cherokee County post-development criteria and Georgia standards.

Contractor Brent Libby explained the builder27s chronology, said two rows of silt fence were installed and passed inspections, and reported the survey showed the stream had shifted slightly toward the house, producing the small encroachment. Libby and the homeowner offered a revegetation plan for disturbed buffer areas. The board approved the 202-square-foot encroachment with conditions, including revegetation subject to arborist review and stormwater controls sized to treat impervious area equal to the encroachment; motion passed 5-0.

The board noted the home and pool had passed core inspections prior to discovery of the encroachment and tied future permit reinstatement to submission of the required lot-grading and stormwater control plans for county review.