Athens City Code

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Contents14-129 Construction Stormwater Management

14-129 Construction Stormwater Management

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(1) MS4 Stormwater Construction BMP Manual.
1. (a) Adoption. The City of Athens adopts, as its MS4 stormwater construction BMP manual(s), the following publication(s) which are incorporated by reference in this ordinance as if fully set out herein:
  1. (i) Metropolitan Nashville – Davidson County Stormwater Management Manual as amended; or
  2. (ii) City of Knoxville Stormwater BMP Manual as amended; or,
  3. (iii) TDEC Erosion and Sediment Control Handbook as amended
2. (b) The City of Athens has adopted the following design storm events for EPSC measures to be used for Construction Stormwater Control Measures. Depth/Intensity values shall align with NOAA Atlas data for Athens (Station 40-0284). The EPSC and sediment BMP construction design storm events are as follows:
  1. (i) A 2-year 24-hour design storm shall be used for sizing project EPSC and BMPs discharging into waters not identified as having unavailable parameters or Exceptional Tennessee Waters
  2. (ii) A 5-year 24-hour design storm shall be used for sizing project EPSC and BMPs discharging into waters with unavailable parameters due to siltation or Exceptional Tennessee Waters
3. (c) Construction requirements for design storm for all waters as well as special conditions for unavailable parameters waters or exceptional Tennessee waters shall be consistent with those of the current Tennessee Construction General Permit (TNR100000) as amended.
(2) The City has adopted, for use in design of construction EPSC measures, the design storm requirements from the current Tennessee Construction General Permit for all waters as well as special conditions for unavailable parameters or Exceptional Tennessee Waters.
(3) Waste Control Construction site operators are required to minimize the exposure of building materials, building products, construction wastes, trash, landscape materials, fertilizers, pesticides, herbicides, detergents, sanitary waste and other materials present on the site to precipitation and to stormwater.
(4) Priority Construction
1. (a) Priority in construction shall be, at a minimum, construction activities discharging directly into, or immediately upstream of, waters the state recognizes as having an unavailable condition for siltation or Exceptional Tennessee Waters.
2. (b) All priority construction activities must include preconstruction meetings with construction site operators for priority construction activities.
3. (c) The status of any waters within the City’s jurisdiction shall be determined by referencing TDEC’s “EPA Approved List of Impaired and Threatened Waters” required by Section 303(d) of the Clean Water Act, as amended.
(5) Land development permit
1. (a) This section shall be applicable to all land development, including, but not limited to, site plan applications, subdivision applications, land disturbance applications and grading applications. These standards apply to qualifying new development or redevelopment site(s). A developer will be required to obtain a land disturbance permit from the City in the following cases:
  1. (i) New development that involves land development or disturbance activities of one (1) acre or more; or,
  2. (ii) Redevelopment that involves other land development or disturbance activities of one (1) acre or more
2. (b) Projects of less than one acre of total land disturbance may also be required to obtain authorization under this ordinance if:
  1. (i) The City has determined that the stormwater discharge from a site is causing, contributing to, or is likely to contribute to a violation of a state water quality standard; or is likely to be a significant contributor of pollutants to water of the state; or,
  2. (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,
  3. (iii) any new development or redevelopment, regardless of size, that is defined by the City to be a hot spot land use; or
  4. (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).
  5. (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.
  6. (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.
  7. (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.
  8. (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.
  9. (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.
1. (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,
2. (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,
3. (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.
(9) Whenever a site assessment is to be performed by the engineer of record as required by the CGP, the operator shall provide a copy of the assessment to the City.
(10) Twice-Weekly inspections of the site and the BMPs/SCMs must be performed by an individual who has either obtained certification under the Level I Fundamentals of Erosion Prevention and Sediment Control course, or greater, or has other credentials or licensure identified as an acceptable equivalent by the City.
(11) Landscaping and stabilization requirements.
1. (a) Any area of land from which the natural vegetative cover has been either partially or wholly cleared by development activities shall be stabilized. Stabilization measures shall be initiated as soon as possible in portions of the site where construction activities have temporarily or permanently ceased. Temporary or permanent soil stabilization at the construction site (or a phase of the project) must be completed not later than 14 days after the construction activity in that portion of the site has temporarily or permanently ceased. In the following situations, temporary stabilization measures are not required:
  1. (i) where the initiation of stabilization measures is precluded by snow cover or frozen ground conditions or adverse soggy ground conditions, stabilization measures shall be initiated as soon as practicable; or,
  2. (ii) where construction activity on a portion of the site is temporarily ceased, and earth disturbing activities will be resumed within 14 days.
2. (b) Construction activity of steep slopes steeper than 3:1 require stabilization measures to be initiated within 7 days once activity has temporarily or permanently ceased.
3. (c) In arid, semiarid, and drought-stricken areas where initiating vegetative stabilization measures immediately is infeasible, alternative stabilization measures such as properly anchored mulch, soil binders or matting must be employed.
(12) Construction buffer zones.
1. (a) Construction buffer zones shall include water quality buffers and buffer zones as defined in 14-502 above and shall meet the requirements in this ordinance and the TN CGP, as amended. The criteria for the width of the construction buffer zone can be established on an average width basis at a project, as long as the minimum width of the buffer zone is equal to or greater than the required minimum width at any measured location.
2. (b) If the new development or redevelopment site encompasses both sides of a stream, buffer averaging can be applied to both sides but must be applied independently.
3. (c) Water quality riparian buffer widths are measured from the top of bank also referred to as the “ordinary high-water mark.”
4. (d) Construction buffers are not primary sediment control measures and shall not be relied on as such.
5. (e) All stormwater discharges must enter the water quality riparian buffer zone as sheet flow, not as concentrated flow, where site conditions allow. The designer/operator must comply with the vegetation requirements and the permissible land uses set forth for buffers in the TN CGP.
6. (f) Where it is not practicable to maintain a construction water quality riparian buffer, BMPs providing equivalent protection to a receiving stream as a natural water quality riparian buffer must be used.
(13) Notice of Termination (NOT) - The operator shall provide the City with a copy of the NOT once it is issued by TDEC.

HISTORY
Amended by Ord. 1138 (14-503) on 3/18/2025