2025 3 10 Work Session Packet 1

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ORDINANCE NO. 1138 
Page 9 of 19 
 
(ii.) changes in state or federal rules require sites of less than one acre that 
are not part of a larger common plan of development or sale to obtain a 
stormwater permit; or, 
(iii.) any new development or redevelopment, regardless of size, that is 
defined by the City to be a hot spot land use; or 
(iv.) the minimum applicability criteria set forth in item (a) above if such 
activities are part of a larger common plan of development, (see 
“common plan of development” definition). 
(v.) The creation and use of borrow pits, that are not permitted under the 
Tennessee Multi Sector Permit (TMSP), where material is excavated and 
relocated offsite, and fill sites where materials or earth is deposited by 
mechanized methods resulting in an increased elevation or grade. 
(vi.) As determined by the City for single or duplex residential lots of any 
size, lots that have karst features, adjoining lakes or streams, slopes 
exceeding fifteen percent (15%), floodplains or streams to cross are 
required to submit an erosion control and stormwater management plan. 
Depending on site specific conditions the requirement that the plan be 
developed by a qualified licensed professional engineer or landscape 
architect may be waived by the City. 
(vii.) Minimal plan requirements shall include pre- and post-stormwater 
runoff directions, construction access, erosion/sediment control 
measures, roof downspout direction and termination, swales and 
locations receiving temporary and/or permanent soil stabilization. 
(viii.) Land disturbance activities in a City Floodway Zoning District require a 
permit and shall provide evidence of obtaining appropriate 
licenses/permits that may be required by federal or state laws and 
regulations or written wavier from such permits and licenses prior to the 
issuance of a land disturbance permit by the City.  
(ix.) If unpermitted construction activity is discovered, the City will issue an 
immediate stop-work order to the violator, at a minimum. If, in addition 
to the City’s permit, a TDEC permit is required based on disturbance but 
was not obtained, the violator shall also be reported to TDEC for non-
compliance. 
(6) Land disturbance/Grading/Stormwater Construction Permit- Persons seeking the issuance 
of any land disturbance permit must provide proof of coverage under the Tennessee 
Construction General Permit (CGP), if applicable, when requested; and a copy of the 
project Stormwater Pollution Prevention Plan (SWPPP) to the City of Athens when 
requested.  
(a) Copies of additional applicable local, state or federal permits (i.e.: ARAP, 
approved hydrologic determination, etc.) must also be provided to the City; and, 
(b) The City has the authority to withhold issuance of any other construction permits 
prior to receiving copies of the aforementioned permits if applicable; and, 
(c) In circumstances where such permits are not required, the City may still require a 
SWPPP as part of the land disturbance permit application, if it deems necessary. 
(7) Building Permit - No building permit shall be issued until the applicant has first obtained 
a land disturbance permit where required by this ordinance. 
(8) Construction site operators are required to implement appropriate erosion prevention and 
sediment control measures and best management practices. EPSC requirements shall 
meet the Tennessee CGP design storm(s), be consistent with the TDEC EPSC Handbook 
best management practices, and with the requirements of this ordinance. 
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