Athens City Code

1. (1) Pursuant to the provisions of T.C.A. § 13-4-101, there is hereby created a regional planning commission, hereinafter referred to as the planning commission. The planning commission shall consist of seven (7) members: two (2) of these shall be the mayor or a person designated by the mayor and a councilmember selected by the city council; one (1) member shall be the general manager of the Athens Utilities Board; the other four (4) members shall be appointed by the mayor, two (2) of which must reside outside the city limits. All members of the planning commission shall serve as such without compensation. The terms of the four members appointed by the mayor shall be for three (3) years each.
2. (2) The term of the mayor and his designee and the councilmember selected by the city council shall be for two (2) years each and shall coincide with the biennial election of the office of mayor. The utilities board general manager shall serve an indefinite term. Any vacancy resulting in an unexpired term in an appointive membership shall be filled by the mayor.

The planning commission shall be organized and shall carry out its powers, functions, and duties in accordance with all applicable provisions of T.C.A. title 13.

Having been designated as a regional planning commission, the city planning commission shall have the additional powers granted by, and shall otherwise be governed by, the provisions of the state law relating to regional planning commissions.

Land use within the city shall be governed by Ordinance 1021, adopted August 20, 2013, referred to as "Ordinance and Map Establishing Revised Comprehensive Zoning Regulations for the City of Athens, Tennessee," and any amendments thereto.

Athens Zoning Ordinance (June 1, 2026)

• Appendix A - 4.30 Municipal Floodplain Zoning Ordinance (Ordinance 1148)

The purpose, scope and authority of this chapter is as follows:

1. (1) The intended purpose of this policy is to safeguard life, limb, property, and public welfare by regulating clearing, earthwork, excavation, and other land disturbing activity and by requiring temporary and permanent provisions for its control. It should be used as a planning and engineering implement to facilitate the necessary control of grading and earthwork.
2. (2) This policy sets forth standards and rules for grading and earthwork and establishes the requirement of a formal permitting procedure. This policy applies to all areas within the city limits and establishes administrative procedures for the issuance of permits and the enforcement thereof, requires the submission of necessary plans (site or conceptual plans) for such work, and the observation and inspection of grading and/or earthwork operations.
3. (3) This policy is developed, implemented, and recognized as a standard practice for the city. The city council has approved this chapter for the management of grading and earthwork activities within the city limits. It will be utilized in conjunction with the existing site plan ordinance, subdivision regulations, zoning ordinance, stormwater management policy, landscape ordinance, and other such municipal codes and texts. The community development and public works departments of the city shall administer and enforce the provisions of this policy in regard to the review and approval of grading, excavation, earthwork, and related activities and such management practices as described herein.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Bedrock means in-place, solid, and undisturbed rock.

Clearing means the removal from land of trees, shrubs, grass, and/or other varied ground cover and vegetation for windbreaks, water retention, and the maintenance of topsoil.

Compaction means the densification of materials by mechanical means.

Cut. See Excavation.

Earth material means any rock and/or natural soil exclusive of any decomposable matter.

Earthwork means excavation, fill and backfill, compaction, and grading.

Erosion means the wearing away of the ground surface as a result of movement of wind, water, and/or ice.

Excavation means the mechanical removal of earth material.

Fill or backfill means a deposit of earth by artificial means.

Finish or final grade means the grade of the subject site, which conforms to the permitted plan.

Grade means the vertical location of the ground surface to a predetermined elevation datum.

Grading means the operation of raising or lowering the ground surface to a predetermined grade.

Grading permit means a document allowing or authorizing the initiation of grading, excavation, or related earthwork according to city policies, procedures, and ordinances in conformity to the approved plans.

Rough grade means the stage of construction at which the grade approximately conforms to the permitted plan.

Sediment means solid material, both inorganic and organic, that is in suspension, is being transported, or has been moved from its origin by air, water, gravity, or ice as a product of erosion.

Site means a specific location on which any of the following activities are underway: excavation, cutting, or filling of earth or related earthwork.

Site plan means the graphical plan, usually in map form, prepared pursuant to ACC chapter 14-IV and the subdivision regulations of the city.

Soil means naturally occurring surface deposits overlying bedrock.

Stormwater means the waters derived from rain falling or snow melting within a tributary drainage basin, flowing over the surface of the ground or collected in a stormwater drainage system.

Unless otherwise stated herein, no persons shall perform any clearing, excavation, or earthwork within the city without first having obtained a grading permit from the public works department. A separate permit will be required for each and every individual site. This section explains the procedure for applying for grading permits and the process by which the public works department reviews and approves permits. This policy is applicable but is not limited to the following activities:

1. (1) Excavating, cutting, filling, grading, draining, or paving of lots, parcels, or other areas.
2. (2) Altering, rerouting, deepening, widening, obstructing, or changing in any way an existing drainage system or feature.
3. (3) Development for residential (greater than one lot or other subdivisions), commercial, institutional, industrial, utility or other activities.
4. (4) Commencing any other development or excavation which may significantly increase or decrease the rate and/or quantity of surface water runoff; degrade the quality of water; or adversely affect any sinkhole, watercourse, or water body.

The following described activities shall not require a grading permit in order to perform clearing, excavation, or related earthwork:

1. (1) Basement or footer excavations for single- or two-family (duplex) residential dwellings.
2. (2) Cemetery graves.
3. (3) Sanitary landfill or refuse disposal sites controlled by other regulations.
4. (4) Excavations for wells or tunnels (unless performed on the public right-of-way).
5. (5) Mining operations controlled by other regulations.
6. (6) Temporary stockpiling or storing of materials, provided that such operations do not affect adjacent properties and all drainage and erosion control requirements. The public works department will determine if there is an affect of stockpiling. Temporary stockpiling/storage shall be defined as 90 days or less.
7. (7) Exploratory excavations/drilling under the direction and/or supervision of a licensed soils engineer or geologist.
8. (8) Excavation for any structures located within an approved subdivision for which there exists an approved, current, grading or site plan with which the developer/owner/builder intends to comply.
9. (9) Accepted agricultural practices such as plowing, cultivation, construction of agricultural structures, nursery operations, tree cutting, logging operations leaving the stump and root mat intact, and cultivated sod operations.
10. (10) Construction, repair, or rebuilding of rail tracks or related facilities belonging to and located on railroad property.
11. (11) Installation, repair, and maintenance of utilities by the utility owner/operator or their contractor or representative.
12. (12) Grading associated with general maintenance, landscaping, excavation, or placement of fill so long as 50 cubic yards or less of soil is disturbed on one lot and the existing contours are not altered in excess of two feet and all work is in compliance of all requirements for erosion and sedimentation control and the proposed work does not impact or obstruct a natural drainage source.

The grading permit exceptions listed in ACC 14-57 do not relieve the owner, developer, contractor, or other legal representative of the responsibility of installing and properly maintaining the proper erosion/sedimentation control measures or other liability resulting from such activities.

1. (1) ACC chapter 14-IV requires an approved site plan for the activities listed below unless excepted as described in ACC 14-88. Exceptions include:
   1. (a) Erecting any building or structure.
   2. (b) Enlarging or altering any building or structure.
   3. (c) Disturbing land (altering the grade of any land so as to change the contours in excess of two feet).
   4. (d) Construction of any streets, alleys, sidewalks, curbs, gutters, retaining walls, drain or sewer, or off-street parking lots.
   5. (e) Changing or diverting the flow of stormwater or natural watercourses.
2. (2) If the site plan is inadequate in detail for stormwater management, a separate drainage plan will be required. A licensed civil engineer may be required to design stormwater systems and plans. These plans shall contain, at a minimum, the following items or information (in addition to basic information, such as owner name and address, date, scale, north indication, etc., other information is required aside from drainage requirements; these requirements are listed in ACC 14-95):
   1. (a) Total land area.
   2. (b) Existing and proposed topography of existing land and impervious land and impervious areas shown in five-foot intervals (two-foot intervals may be required).
   3. (c) Elevations of all existing and proposed streets, alleys, utilities, sanitary and stormwater sewers, and existing buildings and structures.
   4. (d) All existing and proposed impervious areas.
   5. (e) Natural or artificial watercourses.
   6. (f) Limits of floodplains (if applicable).
   7. (g) Existing and proposed slopes, terraces, or retaining walls.
   8. (h) All existing and proposed stormwater drainage structures or features.
   9. (i) All stormwater structures/features anywhere upstream and downstream of the site.
   10. (j) Erosion and siltation control plans.
   11. (k) Drainage calculations when required.
   12. (l) Drainage easements when required.
3. (3) If the proposed grading is for purposes of other than actual building construction, a conceptual grading plan may be submitted. This plan will contain all of the above requirements with the exception of any buildings or paving details.
4. (4) If the proposed work is for grading only, this should be indicated on the conceptual plan. A permit will be issued for grading only. Any future or additional work to include building construction, paving, etc., will require that a site plan be submitted and approved and the necessary permits obtained.

1. (1) Site, drainage, conceptual grading, and erosion control plans for the purpose of obtaining a grading permit shall be submitted to the public works department. They are to be submitted to the public works director no less than five working days prior to the intended date to begin site alterations. These plans are to be submitted to the public works director at the public works service center located at 219 Alford Street.
2. (2) An application for a grading permit shall be submitted along with the necessary plans.
3. (3) For all other purposes, the community development department, located at the city municipal building, is the central point for receiving preliminary, revised, and final submittals. The issuance of all other permits is based upon approvals of submitted plans.
4. (4) All site, drainage, conceptual grading, and erosion control plans and specifications are to be approved by the public works director, the city engineer, or the city manager's designee.
5. (5) A licensed civil engineer may be required to design site, drainage, conceptual grading, and erosion control plans when required by the public works director, the city engineer, or the city manager's designee. Such requirements will be based upon the complexity of the conditions, the adjacent properties, and the site itself.
6. (6) If an applicant determines that his/her plan has been unjustly disapproved or that the public works director or city staff has made requests that are considered above and beyond this policy, he/she may appeal the decision to the city manager.
7. (7) Once the necessary plans and application have been submitted and approved and the necessary fees have been received, a grading permit will be issued.
8. (8) The necessary fees can be paid, and the permit issued, at the public works service center located at 219 Alford Street.
9. (9) The permit is valid for a period of six months from the date of issue. Extensions will be considered based on the circumstances.
10. (10) The permit and copies of the approved drawings are to be present on site at all times when work is underway. The city's representative may ask to see these at any time.
11. (11) A grading permit can be suspended or revoked for violation of this chapter or other related policies, procedures, or city ordinances. A stop work order may be issued if work continues after the grading permit has been revoked. Further action can and will be taken if necessary to ensure compliance with this policy.

The fee for the grading permit is intended to assist the city in recovering some of the expenses associated with the permit process. These costs consist primarily of administration, inspection, and enforcement activities and shall be approved and set by the city council. Fees are due upon submission of the permit application and are available at the public works department.

1. (1) Developers and/or property owners shall use appropriate erosion and sedimentation control measures to ensure that erosion, or adverse conditions caused by erosion or sedimentation, is eliminated or held to an acceptable minimum and does not cross to an adjoining property, right-of-way, street, or stream.
2. (2) When deemed necessary, the public works director, community development director, city manager, and/or the planning commission may require that a separate, detailed erosion and sedimentation control plan be submitted along with the site plan. Otherwise, control measures shall be indicated on the site plan.
3. (3) All control measures will be approved in the field by the appropriate city staff, typically the public works director or his designee, and maintained by those performing the work.

The following control measures shall be used as a minimum for erosion control:

1. (1) The smallest practical area of land should be exposed at any one time during development. Mulching or other protective measures shall be used to protect exposed areas.
2. (2) Areas that will be exposed for more than three months shall be seeded and mulched or landscaped.
3. (3) Temporary furrows, terraces, sediment or debris basins shall be installed to prevent washing and erosion during construction.
4. (4) In areas where soil may wash onto the roadway or into a drainage basin, the developer will be required to install and maintain a silt fence, hay bales, or both.
5. (5) Final vegetation shall be installed as soon as practical in the development after the land is exposed.
6. (6) A gravel construction entrance shall be constructed prior to any site work. The owner or his/her contractor throughout the construction process will maintain this construction entrance.
7. (7) Sediment washed onto roadways or into drainage ditches or basins, and soil tracked onto roadways by construction equipment/vehicles or daily ingress and egress onto the site, shall be removed at the end of each working day by the contractor, developer, or property owner.

1. (1) The grading permit policy in this chapter is adopted by the city council and by the city municipal regional planning commission.
2. (2) Inspection and enforcement of the conditions described in this policy are the responsibility of, but not limited to, the public works director, or his designee, or the city building inspector, or other persons as designated by the city manager.
3. (3) Any clearing, earthwork, excavation, and other land disturbing activity not meeting the requirements of this chapter will be stopped at the direction of the public works director, his designee, the city building inspector, his designee, or the city manager, or his designee. Such work may not resume until such time that all provisions are adequately met.
4. (4) Intentional or continued violation of this chapter is considered a civil offense, and each separate violation shall be deemed punishable by a civil penalty in accordance with ACC 1-13. Each day a violation is allowed to continue shall constitute a separate offense.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Building means any structure built for the support, shelter, housing, or enclosure of persons, animals, or property of any kind.

Commission means the planning commission of the city.

Dwelling means a building or portion thereof which is designed or used exclusively for residential purposes.

Dwelling unit means a group of one or more rooms designed for or intended for occupancy by a single family.

Floodplain means that area of a streambed or its adjoining land that is subject to recurrent overflow or inundation in time of flood.

Row dwelling means one of a series of three or more attached dwelling units under a common roof with a common exterior wall and separated from one another by continuous vertical party walls without openings from basement to roof.

Single-family dwelling means a detached building designed for or intended to be occupied by one family.

Site plan means a plan delineating the overall scheme of development of a tract of land, including, but not limited to, grading, engineering design, construction details, and survey data for existing and proposed improvements; size, height, shape and location of buildings; location and design of parking areas, pedestrian and vehicular circulation on site, and circulation for emergency apparatus.

Structure means anything which is built or constructed (an assembly of materials or any piece of work artificially built up or composed of parts joined together in some definite manner).

Two-family dwelling means a building designed for, or intended to be occupied by, not over two families living independently of each other. The term "two-family dwelling" includes both duplex (one dwelling unit above another) and semidetached (two dwelling units having a common vertical party wall).

The provisions of this chapter shall not apply to:

1. (1) Single-family dwellings, two-family dwellings, accessory buildings thereto, or to the land on which they are situated or proposed.
2. (2) Additions to buildings where the total gross floor area of the proposed addition does not exceed one-third of the total gross floor area of the existing building or 1,000 square feet, whichever is smaller.
3. (3) New buildings where the total gross floor area does not exceed 1,000 square feet, provided there is no alteration of the drainage flow of the land or grading exceeding a cut or fill of one foot, the site is not in the floodplain, and the site is not in excess of 10,000 square feet.
4. (4) Improvements for off-street parking purposes when appurtenant only to existing buildings and where access will be provided by existing driveways, provided such improvement does not provide more than five additional parking spaces.
5. (5) Grading of open areas, either by excavation or fill, for the sole purpose of bringing the land to a grade compatible with the surrounding area, provided the public works director or his designee finds on an inspection of the site that such grading will have no adverse effect on the land of surrounding property owners, will not encroach on or impair existing drainage channels or floodplains, and will not cause problems of erosion, ponding, and/or silting on adjoining properties.

Except as provided in ACC 14-88, it is a civil offense for any person to construct or erect any building or structure on any land within the city until a site plan has been submitted and approved in accordance with the provisions of this chapter.

Except as provided in ACC 14-88, it is a civil offense for any person to alter any building or structure on any land within the city in such a manner as to increase the floor area or change the land area covered by the building or structure until a site plan has been submitted and approved in accordance with the provisions of this chapter.

Except as provided in ACC 14-88, it is unlawful for any person to alter the grade of any land in such a manner as to change the contours in excess of two feet within ten feet of adjacent land, or in excess of three feet elsewhere; construct any streets, alleys, sidewalks, curbs, or gutters; build any retaining walls; construct any off-street parking facility; construct any drain or sewer or change or divert the flow of stormwater or natural watercourses until a site plan has been submitted and approved in accordance with this chapter.

It is unlawful for any person to construct, erect, or alter any building or structure or to develop, change, or improve land for which an approved site plan is required by this chapter, except in accordance with the approval final site plan.

No permit shall be issued to erect or alter any building or structure or alter the grade of any land that is subject to this chapter until a site plan has been submitted and approved in accordance with the provisions of this chapter.

The owner or developer shall submit three copies engineer-stamped plus one electronic version of the site plans (or as many as may be required by the public works director or his designee) of his proposed site plan to the public works director or his designee five days prior to his intended date of site alterations. The public works director or his designee shall consider the site plan in light of the provisions of this chapter and approve or disapprove same as required. The plan shall then be returned to the owner or his agent with the date of such approval or disapproval noted thereon over the signature of the public works director or his designee.

1. (1) The site plan shall show the following:
   1. (a) Name of development or address.
   2. (b) Name and address of owner of record and the applicant.
   3. (c) Present zoning of the site and abutting property.
   4. (d) Date, scale, and north point with reference to source of meridian.
   5. (e) Courses and distances of centerlines of all streets and all property lines.
   6. (f) All building restricting lines, highway setback lines, easements, covenants, reservations, and rights-of-way.
   7. (g) The total land area.
   8. (h) Topography of existing ground and paved areas and elevations of streets, alleys, utilities, sanitary and storm sewers, and buildings and structures. Topography to be shown by dashed line illustrating two-foot or five-foot contours, as required by the public works director or his designee, and by spot elevations where necessary to indicate flat areas, as based on USC and government survey datum.
   9. (i) Three spaces for the signed approval of each reviewing department of the city.
2. (2) The site plan shall show the location of the following, when existing:
   1. (a) Sidewalks, streets, alleys, easements, and utilities.
   2. (b) Buildings and structures.
   3. (c) Public sewer systems.
   4. (d) Slopes, terraces, and retaining walls.
   5. (e) Driveways, entrances, exits, parking areas, and sidewalks.
   6. (f) Water mains and fire hydrants.
   7. (g) Trees and shrubs.
   8. (h) Recreational areas and swimming pools.
   9. (i) Natural and artificial watercourses.
   10. (j) Limits of floodplains.
3. (3) The site plan shall show the location, dimensions, size, and height of the following, when proposed:
   1. (a) Sidewalks, streets, alleys, easements, and utilities.
   2. (b) Buildings and structures.
   3. (c) Public sewer systems.
   4. (d) Slopes, terraces, and retaining walls.
   5. (e) Driveways, entrances, exits, parking areas, and sidewalks.
   6. (f) Water mains and fire hydrants.
   7. (g) Trees and shrubs.
   8. (h) Recreational areas.
   9. (i) Distances between buildings.
   10. (j) Estimates of the following:
       1. (i) Number of dwelling units.
       2. (ii) Number of parking spaces.
       3. (iii) Number of loading spaces.
       4. (iv) Square feet of floor space.
       5. (v) Number of commercial or industrial tenants and employees.
       6. (vi) Plans for collecting stormwater and methods of treatment of natural and artificial watercourses including a delineation of limits of floodplains, if any.
       7. (vii) Proposed grading, surface drainage, terraces, retaining wall heights, grades on paving areas, and ground floor elevations of proposed buildings and structures. Proposed topography of the site shall be shown by two-foot contours as required by the public works director or his designee.
4. (4) The site plan shall include an adequate erosion control plan which meets the specifications of this chapter.

1. (1) Any building or structure erected or altered shall comply with the provisions of this Code and any applicable laws of the state.
2. (2) Any work or development on the site, including, but not limited to, the following, shall comply with the provisions of this Code and any applicable laws of the state: the grading of land; the installation of utilities; the construction of curbs, gutters and sidewalks; the construction of streets, alleys, and retaining walls; the construction of drains and sewers; the construction of off-street parking; the construction or erection of any improvement on the site.
3. (3) Any facility or structure shall be reasonably accessible to fire, police, emergency, and service vehicles. When deemed necessary for access by the fire chief or public works director or his designee, emergency vehicle easements shall be provided. The access for fire, police, and emergency vehicles shall be unobstructed at all times.
4. (4) The width, grade, location, alignment, and arrangement of streets, sidewalks, and alleys shall conform to the master plan and/or subdivision regulations of the city as near as is reasonably practicable.
5. (5) Off-street parking facilities shall be accessible, safe, and properly drained.
6. (6) Streets, sidewalks, and alleys shall provide access and traffic circulation to and from adjacent lands, existing streets, alleys, and sidewalks and proposed or planned streets, alleys, and sidewalks. Where deemed necessary by the planning commission, commercial property fronting on major or secondary thoroughfares (also known as arterials or collectors) shall be required to provide a frontage access road of no less than 27 feet in width with permanent or temporary access to the public thoroughfare to be provided at a location deemed desirable by the regional planning commission.
7. (7) Adequate water mains and fire hydrants shall be provided in accessible places in accordance with good firefighting and fire prevention practice acceptable to the chief of the fire department.
8. (8) Adequate provision shall be made for the collection and disposition of all on-site and off-site stormwater and natural surface water. Natural drainageways shall be used when it is reasonably practicable to do so, and improvements shall be made to said drainageways in accordance with good engineering practice when, in the opinion of the public works director or his designee, good engineering practice indicates the need for improvements.
9. (9) Provisions shall be made for the collection and disposition of all on-site and off-site sanitary sewage.
10. (10) Provisions shall be made to control flooding.
11. (11) The obstruction of natural watercourses shall be avoided.
12. (12) Provisions shall be made to control the slippage, shifting, erosion, accretion, and subsidence of soil.
13. (13) Provisions shall be made to control the slipping and shifting of buildings and structures.
14. (14) Provisions shall be made to protect other lands, structures, persons, and property.

A certified as-built site plan is required before issuance of a certificate of occupancy.

If an applicant determines that his site plan has been unjustly disapproved or that the public works director or his designee has made requests for conformity to standards other than those set forth in this chapter, he may appeal the decision of the public works director or his designee to the city manager.

Any person who violates the provisions of this chapter shall be subject to a civil penalty under ACC 1-13. Each day a violation is allowed to continue shall constitute a separate offense.

1. (1) It is the purpose of this chapter to:
   1. (a) Protect, maintain, and enhance the environment of the City of Athens and the public health, safety and the general welfare of the citizens of the City, by controlling discharges of pollutants to the City’s stormwater system and to maintain and improve the quality of the receiving waters into which the stormwater outfalls flow, including, without limitation, lakes, rivers, streams, ponds, wetlands, and groundwater of the City;
   2. (b) Enable the City of Athens to comply with the National Pollution Discharge Elimination System permit (NPDES) and applicable regulations, 40 CFR § 122 as applicable for stormwater discharges;
   3. (c) Allow the City of Athens to exercise the powers granted in Tennessee Code Annotated § 68-221-1105, which provides that, among other powers cities have with respect to stormwater facilities, is the power by ordinance or resolution to:
      1. (i) Exercise general regulation over the planning, location, construction, and operation and maintenance of stormwater facilities in the City, whether or not owned and operated by the City;
      2. (ii) Adopt any rules and regulations deemed necessary to accomplish the purposes of this statute, including the adoption of a system of fees for services and permits;
      3. (iii) Establish standards to regulate the quantity of stormwater discharged and to regulate stormwater contaminants as may be necessary to protect water quality;
      4. (iv) Review and approve plans and plats for stormwater management in proposed subdivisions or commercial developments;
      5. (v) Issue permits for stormwater discharges, or for the construction, alteration, extension, or repair of stormwater facilities;
      6. (vi) Suspend or revoke permits when it is determined that the permittee has violated any applicable ordinance, resolution, or condition of the permit;
      7. (vii) Regulate and prohibit discharges into stormwater facilities of sanitary, industrial, or commercial sewage or waters that have otherwise been contaminated; and
      8. (viii) Expend funds to remediate or mitigate the detrimental effects of contaminated land or other sources of stormwater contamination, whether public or private.
2. (2) Administering entity. The City of Athens shall administer the provisions of this chapter.
3. (3) Stormwater management ordinance. The intended purpose of this ordinance is to safeguard property and public welfare by regulating stormwater drainage and requiring temporary and permanent provisions for its control. It should be used as a planning and engineering tool for permit compliance and to facilitate the necessary control of stormwater.

For the purpose of this chapter, the following definitions shall apply: Words used in the singular shall include the plural, and the plural shall include the singular; words used in the present tense shall include the future tense. The word “shall” is mandatory and not discretionary. The word “may” is permissive. Words not defined in this section shall be construed to have the meaning given by common and ordinary use as defined in the latest edition of Webster’s Dictionary.

1. (1) Administrative or Civil Penalties - Under the authority provided in Tennessee Code Annotated § 68-221-1106, the City of Athens declares that any person violating the provisions of this chapter may be assessed a civil penalty by the City of not less than fifty dollars ($50.00) and not more than five thousand dollars ($5,000.00) per day for each day of violation. Each day of violation shall constitute a separate violation.
2. (2) Analytical monitoring - Test Procedures for the Analysis of Pollutants - Test procedures for the analysis of pollutants shall conform to regulations published pursuant to Section 304 (h) of the Clean Water Act (the "Act"), as amended, under which such procedures may be required. Pollutant parameters shall be determined using sufficiently sensitive methods in Title 40 C.F.R. § 136, as amended, and promulgated pursuant to Section 304 (h) of the Act. The chosen methods must be sufficiently sensitive as required in state rule 0400-40-03-.05(8).
3. (3) Aquatic Resource Alteration Permit (ARAP) - physical alterations to properties of the waters of the state require an ARAP or a §401 Water Quality Certification (§401 certification). ARAP means a permit issued pursuant to T.C.A. § 69-3-108 of the Act, which authorizes the alteration of properties of waters of the state that result from activities other than discharges of wastewater through a pipe, ditch, or other conveyance.
4. (4) As built plans (record drawings) mean drawings depicting conditions as they were actually constructed.
5. (5) Best Management Practices (“BMPs”) means schedules of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce the discharge of pollutants to waters of the state. BMPs also include treatment requirements, operating procedures; and practices to control plant site runoff, spillage, leaks, sludge or waste disposal, or drainage from raw material storage. BMPs include source control practices (non-structural BMPs) and engineered structures designed to treat runoff.
   1. (a) Structural BMPs are facilities that help prevent pollutants in stormwater runoff from leaving the site.
   2. (b) Non-structural BMPs are techniques, activities and processes that reduce pollutants at the source.
6. (6) BMP Manual provides technical guidance including additional policies, criteria, standards, specifications, constants, and information for the proper implementation of the requirements of the National Pollution Discharge Elimination System permit (NPDES) and applicable regulations, 40 CFR § 122 as applicable for stormwater discharges.
7. (7) Borrow Pit is an excavation from which erodible material (typically soil) is removed to be fill for another site. There is no processing or separation of erodible material conducted at the site. Given the nature of activity and pollutants present at such excavation, a borrow pit is considered a construction activity.
8. (8) Buffer Zone or Water Quality Riparian Buffer is a permanent strip of natural perennial vegetation, adjacent to a stream, river, wetland, pond, or lake that contains dense vegetation made up of grass, shrubs, and/or trees. The purpose of a water quality riparian buffer is to maintain existing water quality by minimizing risk of any potential sediments, nutrients or other pollutants reaching adjacent surface waters and to further prevent negative water quality impacts by providing canopy over adjacent waters.
9. (9) Channel means a natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.
10. (10) Clearing refers to removal of vegetation and disturbance of soil prior to grading or excavation in anticipation of construction activities. Clearing may also refer to wide area land disturbance in anticipation of non-construction activities. Clearing, grading, and excavation do not refer to clearing of vegetation along existing or new roadways, highways, dams, or power lines for sight distance or other maintenance and/or safety concerns, or cold planing, milling, and/or removal of concrete and/or bituminous asphalt roadway pavement surfaces. The clearing of land for agricultural purposes is exempt from federal stormwater NPDES permitting in accordance with Section 401(1)(1) of the 1987 Water Quality Act and state stormwater NPDES permitting in accordance with the Tennessee Water Quality Control Act of 1977 (T.C.A. 69-3-101 et seq.).
11. (11) Commencement of construction: the initial disturbance of soils associated with clearing, grading, excavating or other construction activities.
12. (12) Common plan of development or sale is broadly defined as any announcement or documentation (including a sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning request, computer design, etc.) or physical demarcation (including boundary signs, lot stakes, surveyor markings, etc.) indicating construction activities may occur on a specific plot. A common plan of development or sale identifies a situation in which multiple areas of disturbance are occurring on contiguous areas. This applies because the activities may take place at different times, on different schedules, by different operators.
13. (13) Control measure refers to any Best Management Practice (BMP) or other method used to prevent or reduce the discharge of pollutants to waters of the state.
14. (14) CWA means the Clean Water Act of 1977 or the Federal Water Pollution Control Act (33 U.S.C. 1251, et seq.)
15. (15) Design storm is a storm event as defined by Precipitation-Frequency Atlas of the United States. Atlas 14. Volume 2. Version 3.0. U.S. Department of Commerce. National Oceanic and Atmospheric Administration (NOAA), National Weather Service, Hydrometeorological Design Studies Center, Silver Springs, Maryland or its digital product equivalent. The estimated design rainfall amounts, for any return period interval (i.e., 1,-yr, 2-yr, 5-yr, 25-yr, etc.,) in terms of either depths or intensities for any duration, can be found by accessing the data available at https://hdsc.nws.noaa.gov/hdsc/pfds/pfds_map_cont.html. The City of Athens requires Stormwater Control Measures (SCM) to be designed to accommodate Design Storm Events through the 100-year event; design storm depths/intensities shall be values provided for TN Station ATHENS (40-0284).
16. (16) Discharge or discharge of a pollutant refers to the addition of pollutants to waters from a source, either point or non-point in nature.
17. (17) Ecoregion is a relatively homogeneous area defined by similarity of climate, landform, soil, potential natural vegetation, hydrology, or other ecologically relevant variables. Ecoregions can be determined for specific stream segments by using Tennessee’s Online Water Quality Assessment Data viewer http://tdeconline.tn.gov/dwr.
18. (18) Exceptional Tennessee Waters are surface waters designated by the Tennessee Department of Environment and Conservation as having the characteristics set forth at Tennessee Rules, Chapter 0400-40-03-.06(4). Characteristics include waters within parks or refuges; scenic rivers; waters with threatened or endangered species; waters that provide specialized recreational opportunities; waters within areas designated as lands unsuitable for mining; waters with naturally reproducing trout; waters with exceptional biological diversity and other waters with outstanding ecological or recreational value.
19. (19) Hot spot means an area where land use or activities generate highly contaminated runoff, with concentrations of pollutants in excess of those typically found in stormwater. Examples might include operations producing concrete or asphalt, auto repair shops, auto supply shops, large commercial parking areas and restaurants.
20. (20) Improved sinkhole is a natural surface depression that has been altered in order to direct fluids into the hole opening. Improved sinkhole is a type of injection well regulated under the Underground Injection Control (UIC) program of the Tennessee Department of Environment and Conservation. Underground injection constitutes an intentional disposal of waste waters in natural depressions, open fractures and crevices, such as those commonly associated with weathering of limestone.
21. (21) Level 1 EPSC Certification - Fundamentals of Erosion Prevention and Sediment Control training and certification program administered by University of Tennessee Water Resources Research Center (https://tnepsc.org/index.asp).
22. (22) Level 2 EPSC Design Certification - Design Principles for Erosion Prevention and Sediment Control for Construction Sites training and certification program administered by University of Tennessee Water Resources Research Center (https://tnepsc.org/index.asp).
23. (23) Linear Project is a land disturbing activity as conducted by an underground/overhead utility or highway department, including, but not limited to, any cable line or wire for the transmission of electrical energy; any conveyance pipeline for transportation of gaseous or liquid substance; any cable line or wire for communications; or any other energy resource transmission ROW or utility infrastructure, e.g., roads and highways. Activities include the construction and installation of these utilities within a corridor. Linear project activities also include the construction of access roads, staging areas and borrow/spoil sites associated with the linear project. Land disturbance specific to the development of residential and commercial subdivisions or high-rise structures is not considered a linear project.
24. (24) Monitoring refers to tracking or measuring activities, progress, results, etc., and can refer to non-analytical monitoring for pollutants by means other than 40 C.F.R. § 136 (and other than state- or federally established protocols in the case of biological monitoring and assessments), such as visually or by qualitative tools that provide comparative values or rough estimates.
25. (25) Municipality means any incorporated city or town, county, metropolitan or consolidated government, or special district of this state empowered to provide storm water facilities.
26. (26) New Jersey Department of Environmental Protection (NJDEP) - is the state agency responsible for managing New Jersey’s natural resources. Its Division of Water Quality tests and certifies proprietary manufactured treatment devices (MTDs) used for stormwater quality treatment and is recognized nationally for its testing standards certified MTD list.
    
27. (27) Operator means any person who owns, leases, operates, controls, or supervises a source. Including, but not limited to, an owner or operator of any “facility or activity” subject to regulation under the NPDES program.
28. (28) Permanent Stabilization means that all soil disturbing activities at the site have been completed and one of the three following criteria is met:
    1. (a) A perennial, preferably native, vegetative cover with a uniform (i.e., evenly distributed, without large bare areas) density of at least 70 percent has been established on all unpaved areas and areas not covered by permanent structures, and all slopes and channels have been permanently stabilized against erosion; or,
    2. (b) Equivalent permanent stabilization measures such as the use of riprap; permanent geotextiles; hardened surface materials including concrete, asphalt, gabion baskets or Reno mattresses have been employed; or,
    3. (c) For construction projects on land used for agricultural or silvicultural purposes, permanent stabilization may be accomplished by returning the disturbed land to its preconstruction agricultural or silvicultural use.
29. (29) Point source (or Outfall) means any discernible, confined, and discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft from which pollutants are or may be discharged. This term does not include introduction of pollutants from non-point source agricultural and silvicultural activities, including stormwater runoff from orchards, cultivated crops, pastures, range lands, forest lands or return flows from irrigated agriculture or agricultural stormwater runoff. In short, outfall is a point where runoff leaves the site as a concentrated flow in a clear, delineated conveyance.
30. (30) Pollutant means sewage, industrial wastes, or other wastes
31. (31) Priority Construction means those construction activities discharging directly into, or immediately upstream of, waters the state recognized as unavailable condition for siltation or Exceptional Tennessee Waters.
32. (32) A rainfall event is defined as any occurrence of rain preceded by 10 hours without precipitation that results in an accumulation of 0.01 inches or more. Instances of rainfall occurring within 10 hours of each other will be considered a single rainfall event.
33. (33) Registered Engineer and Registered Landscape Architect An engineer or landscape architect certified and registered by the State Board of Architectural and Engineer Examiners pursuant to Section 62-202, Tennessee Code Annotated, to practice in Tennessee.
34. (34) Runoff coefficient means the fraction of total rainfall that will appear at the conveyance as runoff. Runoff coefficient is also defined as the ratio of the amount of precipitation that is not absorbed by the surface to the total amount of precipitation that falls during a rainstorm.
35. (35) Sediment means solid material, both inorganic (mineral) and organic, that is in suspension, is being transported; or has been moved from the site of origin by wind, water, gravity or ice as a product of erosion.
36. (36) Sediment basin A temporary basin consisting of an embankment constructed across a wet weather conveyance, an excavation that creates a basin, or by a combination of both. A sediment basin typically consists of a forebay, dry & wet storage, permanent pool, primary spillway, secondary or emergency spillway and surface dewatering device. The size and shape of the basin depends on the location, size of drainage area, incoming runoff volume and peak flow, soil type and particle size, land cover, and receiving stream classification (i.e., waters with unavailable parameters, Exceptional TN Waters, or waters with available parameters).
37. (37) Sedimentation means the action or process of forming or depositing sediment.
38. (38) Significant Contributor is defined as a source of pollutants where the volume, concentration, or mass of a pollutant in a stormwater discharge can cause or threaten to cause pollution, contamination, or nuisance that adversely impact human health or the environment and cause or contribute to a violation of any applicable water quality standards for receiving water.
39. (39) Soil or Topsoil means the unconsolidated mineral and organic material on the immediate surface of the earth that serves as a natural medium for the growth of plants.
40. (40) Steep Slope or Steep Grade means a natural or created slope of 35% grade or greater.
41. (41) Stormwater means rainfall runoff, snow melt runoff, and surface runoff and drainage.
42. (42) Stormwater control measure or SCM means permanent practices and measures designed to attenuate peak stormwater runoff flow in addition to reducing the discharge of pollutants from new development projects or redevelopment projects.
43. (43) Stream as defined by TCA 69-3-103(38) “stream” means a surface water that is not a wet weather conveyance.
44. (44) Stormwater associated with industrial activity is defined in 40 C.F.R. 122.26(b)(14) and incorporated here by reference. Most relevant to the City is 40 C.F.R. 122.26(b)(14)(x), which relates to construction activity including clearing, grading, filling and excavation activities, including borrow pits containing erodible material. Disturbance of soil for the purpose of crop production is exempt from NPDES permit requirements, but stormwater discharges from agriculture-related activities that involve construction of structures (e.g., barn construction, road construction, pond construction) are considered associated with industrial (construction) activity. Maintenance to the original line and grade, hydraulic capacity; or to the original purpose of the facility (e.g., re-clearing, minor excavation performed around an existing structure necessary for maintenance or repair and repaving of an existing road) is not considered a construction activity.
45. (45) Construction stormwater discharge-related activities mean activities that cause, contribute to or result in point source stormwater pollutant discharges. These activities may include excavation, site development, grading and other surface disturbance activities; and activities to control stormwater including the siting, construction and operation of best management practices (BMPs).
46. (46) Stormwater Pollution Prevention Plan (SWPPP) is a written site-specific plan required by the Tennessee Construction General Permit (CGP) that includes a narrative pollution prevention plan and graphical erosion and sediment control plan. In its basic form, the plan contains a site map, a description of construction activities that could introduce pollutants to stormwater runoff, a description of measures or practices to control these pollutants, and erosion and sediment control plans and specifications. The SWPPP should be prepared in accordance with the Tennessee Erosion and Sediment Control Handbook (latest edition).
47. (47) Take of an endangered species means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect, or attempt to engage in any such conduct.
48. (48) Tennessee Erosion and Sediment Control (TDESC) Handbook is a guidance issued by the Division of Water Resources for the purpose of developing Stormwater Pollution Prevention Plans and Erosion and Sediment Control Plans required by the Construction General Permit.
49. (49) Temporary stabilization is achieved when vegetation or non-erodible surface has been established on the area of disturbance and construction activity has temporarily ceased. Under certain conditions, temporary stabilization is required when construction activities temporarily cease.
50. (50) Treatment chemicals are polymers, flocculants or other chemicals used to reduce turbidity in stormwater discharges by chemically bonding to suspended silts and other soil materials and causing them to bind together and settle out. Common examples of anionic treatment chemicals are polyacrylamide-chitosan (PAM–CS).
51. (51) Turbidity is the cloudiness or haziness of a fluid caused by individual particles (suspended solids) that are generally invisible to the naked eye, similar to smoke in air.
52. (52) Washington State Department of Ecology (WSDOE) - is the state agency responsible for managing Washington State’s natural resources. It is responsible for the Technology Assessment Protocol – Ecology, or TAPE, that tests and certifies proprietary manufactured treatment devices (MTDs) used for stormwater quality treatment, and is recognized nationally for its testing standards and certified MTD list.
    
53. (53) Waste site is an area where material from a construction site is disposed. When the material is erodible, such as soil, the site must be treated as a construction site.
54. (54) Waters (or waters of the state) means any and all water, public or private, on or beneath the surface of the ground, which are contained within, flow through, or border upon Tennessee or any portion thereof, except those bodies of water confined to and retained within the limits of private property in single ownership which do not combine or effect a junction with natural surface or underground waters.
55. (55) Waters with unavailable parameters means any segment of surface waters that has been identified by the TDEC as failing to support one or more classified uses. Unavailable parameters exist where water quality is at, or fails to meet, the levels specified in water quality criteria in Rule 0400-40-03-.03, even if caused by natural conditions. In the case of a criterion that is a single response variable or is derived from measurement of multiple response variables, the unavailable parameters shall be the agents causing water quality to be at or failing to meet the levels specified in criteria. Resources to be used in making this determination include biennial compilations of impaired waters, databases of assessment information, updated GIS coverages (https://tdeconline.tn.gov/dwr/), and the results of recent field surveys. GIS coverages of the streams and lakes not meeting water quality standards, plus the biennial list of waters with unavailable parameters, can be found at https://www.tn.gov/environment/program-areas/wr-water-resources/water-quality/water-quality-reports---publications.html.
56. (56) Water quality riparian buffer means a permanent strip of natural perennial vegetation adjacent to a stream, river, wetland, pond, or lake that contains dense vegetation made up of grass, shrubs, and/or trees. The purpose of a water quality riparian buffer is to maintain existing water quality by minimizing the risk of any potential sediments, nutrients, or other pollutants reaching adjacent surface waters and to further prevent negative water quality impacts by providing canopy over adjacent waters.
57. (57) A one-week period is a synonym of a calendar-week; typically, a period from Sunday through Saturday
58. (58) Water quality treatment volume (WQTV) is a portion of the runoff generated from impervious surfaces at a new development or redevelopment project by the 1-year 24-hour design storm. The WQTV is further determined by the type of treatment provided.
59. (59) Wet weather conveyances are man-made or natural watercourses, including natural watercourses that have been modified by channelization, that meet the following:
    1. (a) The conveyance carries flow only in direct response to precipitation runoff in its immediate locality.
    2. (b) The conveyance’s channels are at all times above the groundwater table.
    3. (c) The flow carried by the conveyance is not suitable for drinking water supplies.
    4. (d) Hydrological and biological analyses indicate that, due to naturally occurring ephemeral or low flow under normal weather conditions, there is not sufficient water to support fish or multiple populations of obligate lotic aquatic organisms whose life cycle includes an aquatic phase of at least two months. (Tennessee Rules, Chapter 0400-40-3-.04(3)).

1. (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. (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. (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. (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. (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. (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. (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. (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. (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. (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. (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. (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. (13) Notice of Termination (NOT) - The operator shall provide the City with a copy of the NOT once it is issued by TDEC.

1. (1) In order to comply with the City’s permanent stormwater standards for new development and redevelopment projects, operators shall design and install SCMs as established by Tennessee Rule 0400-40-10-.04 and comply with other requirements of Tennessee Rule 0400-40-10-.04.
2. (2) The Post Construction/Permanent water quality design storm is a 1-year, 24-hour storm event. Actual project WQTV requirements shall be based on the proposed permanent SCM treatment type as outlined in 4.2.5.2 of the Small MS4 General Permit NPDES Permit TNS000000.
3. (3) SCMs must be designed to provide full treatment capacity within 72 hours following the end of the preceding rain event for the life of the new development or redevelopment project. The operator may use any design manuals approved as part of the City’s BMP Manual.
4. (4) Total suspended solids (TSS) removal rate shall be the City’s recognized metric for the reduction of pollutants in stormwater effluent. Design TSS removal rates for approved MTDs shall be established by a 3rd party certification program recognized by the City. The two certification programs currently recognized by the City include NJDEP and WSDOE; additionally, use of sequential MTDs, e.g. a treatment train of two or more HDS units, in an attempt to cumulatively meet the 80% TSS requirements are not recognized as achieving such and shall not be permissible in permanent SCM design(s).
5. (5) Post Construction/permanent water quantity SCMs shall be designed to attenuate post-construction peak flows from the 2-year 24-hour event through the 100-year 24-hour storm event to equal or less than pre-development peak flows for all new development and redevelopment projects.
6. (6) Water Quality Riparian Buffers - Post Construction/Permanent water quality riparian buffers shall be those buffers defined in 14-502 above and shall meet the requirements described in this ordinance. The criteria for the width of the post construction/permanent buffer zone can be established on an average width basis at a project, as long as the minimum width of the buffer zone is more than the required minimum width at any measured location. 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. Water quality riparian buffer widths are measured from the top of bank also referred to as the “ordinary high-water mark.” Stormwater discharges should enter the post construction/permanent water quality riparian buffer as sheet flow, not as concentrated flow, where site conditions allow.
7. (7) Post Construction/Permanent buffers for waters with available parameters for siltation or habitat alteration or unassessed waters:
   1. (a) Average buffer width: 30 feet.
   2. (b) Minimum buffer width: 15 feet.
8. (8) Post Construction/Permanent buffers for Exceptional Tennessee Waters or waters with unavailable parameters for siltation or habitat alteration:
   1. (a) Average buffer width: 60 feet.
   2. (b) Minimum buffer width: 30 feet
9. (9) The designer/operator must comply with the vegetation requirements and the permissible land uses set forth for buffers in the MS4 permit.

1. (1) All applicants are required to submit actual as built plans for any structures located on-site within 90 days after final construction is completed. The plan must show the final design specifications for all stormwater management facilities and must be sealed by a registered professional engineer licensed to practice in Tennessee. A certification by the design engineer certifying that SCM’s will function within original design parameters as constructed should be included. A final inspection and acceptance of as-built plans by the City is required before any performance security or performance bond is released. The warranty period for any infrastructure to be accepted by the City for maintenance shall not commence until the City has accepted the as-built plans. The City shall have the discretion to adopt provisions for a partial pro-rata release of the performance security or performance bond on the completion of various stages of development. In addition, occupation permits shall not be granted until corrections to all BMP’s/SCM’s have been made and accepted by the City, if required.
2. (2) In addition to the certified as built drawings, the City shall be provided with a permanent stormwater management plan for the site and all stormwater management facilities (e.g., SCM’s). Occupation permits shall not be granted until the permanent stormwater management plan has been approved and accepted by the City.
3. (3) Inspection of stormwater management facilities. Periodic inspections of facilities shall be performed, documented, and reported in accordance with this chapter, as detailed in 14-506.
4. (4) Records of installation and maintenance activities. Parties responsible for the operation and maintenance of a stormwater management facility shall make records of the installation of the stormwater facility, and of all maintenance and repairs to the facility, and shall retain the records for at least three (3) years. These records shall be made available to the City during inspection of the facility and at other reasonable times upon request.
5. (5) Failure to meet or maintain design or maintenance standards. If a responsible party fails or refuses to meet the design or maintenance standards required for stormwater facilities under this chapter, the City, after notice as specified in the Enforcement Response Plan, may correct a violation of the design standards or maintenance needs by performing all necessary work to place the facility in proper working condition. In the event that the stormwater management facility becomes a danger to public safety or public health, the City shall notify in writing the party responsible for maintenance of the stormwater management facility. Upon receipt of that notice, the responsible person shall have thirty (30) days to effect maintenance and repair of the facility in an approved manner. In the event that corrective action is not undertaken within that time, the City may take necessary corrective action. The cost of any action by the City under this section shall be charged to the responsible party.
6. (6) In the event that the stormwater management facility becomes a danger to public health/public safety, the City may take such immediate corrective action as deemed necessary.

1. (1) (On-site stormwater management facilities inspection and maintenance agreement.
   1. (a) Where the stormwater facility is located on property that is subject to a development agreement, and the development agreement provides for a permanent stormwater maintenance agreement that runs with the land, the owners of property must execute an inspection and maintenance agreement that shall operate as a deed restriction binding on the current property owners and all subsequent property owners and their lessees and assigns, including but not limited to, homeowner associations or other groups or entities.
   2. (b) The maintenance agreement shall:
      1. (i) Assign responsibility for the maintenance and repair of the stormwater facility to the owners of the property upon which the facility is located and be recorded as such on the plat for the property by appropriate notation.
      2. (ii) Provide for a periodic inspection by the property owners in accordance with the requirements of subsection (5) below for the purpose of documenting maintenance and repair needs and to ensure compliance with the requirements of this ordinance. The property owners will arrange for this inspection to be conducted by individual(s) approved by the City who will submit a signed written report of the inspection to the City. It shall also grant permission to the City to enter the property at reasonable times and to inspect the stormwater facility to ensure that it is being properly maintained.
      3. (iii) Provide that the minimum maintenance and repair needs include but are not limited to:
         1. A. The removal of silt, litter and other debris.
         2. B. The cutting of grass, cutting and removal of vegetation.
         3. C. The replacement of landscape vegetation, in detention and retention basins, and inlets and drainage pipes and other stormwater facilities.
      4. (iv) Provide that the property owners shall be responsible for additional maintenance and repair needed to meet the intended design specification of the stormwater facility.
      5. (v) Provide that maintenance needs must be addressed in a timely manner, on a schedule to be determined by the City.
      6. (vi) Provide that if the property is not maintained or repaired within the prescribed schedule, the City shall perform the maintenance and repair at its expense and bill the same to the property owner. The maintenance agreement shall also provide that the City’s cost of performing the maintenance shall be a lien against the property.
2. (2) Existing problem locations – no maintenance agreement
   1. (a) The City shall in writing notify the owners of existing locations and developments of specific drainage, erosion or sediment problems affecting or caused by such locations and developments, and the specific actions required to correct those problems. The notice shall also specify a reasonable time for compliance. Discharges from existing SCM’s that have not been maintained and/or inspected in accordance with this ordinance shall be regarded as non-compliant discharges.
   2. (b) Inspection of existing facilities. The City may, to the extent authorized by state and federal law, enter and inspect private property for the purpose of determining if there are illicit non-stormwater discharges, and to establish inspection programs to verify that all stormwater management facilities are functioning within design limits. These inspection programs may be established on any reasonable basis, including but not limited to: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of the City’s NPDES MS4 stormwater permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include but are not limited to reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other SCM’s.
3. (3) Owner/Operator Inspections. The owners and/or operators of the SCMs shall:
   1. (a) Perform routine inspections to ensure that all SCM’s are properly functioning. These inspections shall be conducted on an annual basis, at a minimum. These inspections shall be conducted by a person familiar with control measures implemented at a site. Owners or operators shall maintain documentation of these inspections. The City may require submittal of this documentation.
   2. (b) Perform comprehensive inspection of all stormwater management facilities and practices. These inspections shall be conducted once every five years, at a minimum. Such inspections must be conducted by individual(s) approved by the City. Complete inspection reports for these five-year inspections shall include:
      1. (i) Facility type.
      2. (ii) Inspection date.
      3. (iii) Latitude and longitude and nearest street address.
      4. (iv) BMP owner information (e.g. name, address, phone number, fax, and email).
      5. (v) A description of BMP condition including: vegetation and soils; inlet and outlet channels and structures; embankments, slopes, and safety benches; spillways, weirs, and other control structures; and any sediment and debris accumulation.
      6. (vi) Photographic documentation of BMP’s.
      7. (vii) Specific maintenance items or violations that need to be corrected by the BMP owner along with deadlines and reinspection dates.
   3. (c) Owners or operators shall maintain documentation of these inspections. The City may require submittal of this documentation.
4. (4) Requirements for all existing locations and ongoing developments - The following requirements shall apply to all locations and developments at which land disturbing activities have occurred previous to the enactment of this ordinance:
   1. (a) Denuded areas must be vegetated or covered under the standards and guidelines specified in the BMP Manual and on a schedule acceptable to the City.
   2. (b) Cuts and slopes must be properly covered with appropriate vegetation and/or retaining walls constructed.
   3. (c) Drainage ways shall be appropriately stabilized.
   4. (d) Trash, junk, rubbish, etc. shall be cleared from drainage ways.
   5. (e) Stormwater runoff shall, at the discretion of the City be treated to the maximum extent practicable to prevent its pollution. Such control measures may include, but are not limited to, the following:
      1. (i) Ponds
         1. A. Detention pond
         2. B. Extended detention pond
         3. C. Wet pond
         4. D. Alternative storage measures
      2. (ii) Constructed wetlands
      3. (iii) Infiltration systems
         1. A. Infiltration/percolation trench
         2. B. Infiltration basin
         3. C. Drainage/recharge well
         4. D. Porous pavement
      4. (iv) Filtering systems
         1. A. Catch basin inserts/media filler
         2. B. Sand filter
         3. C. Filter/absorption bed
         4. D. Filter and buffer strips
      5. (v) Open channel
         1. A. Swale
5. (5) Corrections of problems subject to appeal. Corrective measures imposed by the City under this section are subject to appeal under section 14-510 of this chapter.

This section shall apply to all water generated on developed or undeveloped land entering the City’s separate storm sewer system.

1. (1) Prohibition of illicit discharges. No person shall introduce or cause to be introduced into the municipal separate storm sewer system any discharge that is not composed entirely of stormwater. No person shall allow discharges that flow from a stormwater facility that is not inspected in accordance with section 14-506. Non-stormwater discharges shall include, but shall not be limited to, sanitary wastewater, car wash wastewater, radiator flushing disposal, spills from roadway accidents, carpet cleaning wastewater, effluent from septic tanks, improper oil disposal, laundry wastewater/gray water, improper disposal of auto and household toxics. The commencement, conduct or continuance of any non-stormwater discharge to the municipal separate storm sewer system is prohibited except as described as follows, unless the City determines they are significant contributors of pollutants to the MS4:
   1. (a) Water line flushing
   2. (b) Landscape irrigation
   3. (c) Diverted stream flows
   4. (d) Rising ground waters
   5. (e) Uncontaminated ground water infiltration (Infiltration is defined as water other than wastewater that enters a sewer system, including sewer service connections and foundation drains, from the ground through such means as defective pipes, pipe joints, connections, or manholes. Infiltration does not include, and is distinguished from, inflow.)
   6. (f) Uncontaminated pumped ground water
   7. (g) Discharges from potable water sources
   8. (h) Air conditioning condensation
   9. (i) Irrigation water
   10. (j) Springs
   11. (k) Water from crawl space pumps
   12. (l) Footing (foundation) drains
   13. (m) Lawn watering
   14. (n) Individual residential car washing
   15. (o) Flows from riparian habitats and wetlands
   16. (p) Dechlorinated swimming pool discharges
   17. (q) Street wash water with no soaps or solvents
   18. (r) Discharges or flows from firefighting activities
2. (2) Prohibition of illicit connections. The construction, use, maintenance or continued existence of illicit connections to the municipal separate storm sewer system is prohibited. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. This prohibition expressly includes SCM’s connected to the system not properly inspected and maintained in accordance with this ordinance.
   1. (a) Any person responsible for a property or premises, which is, or may be, the source of an illicit discharge, may be required to implement, at the person’s expense, the BMP’s necessary to prevent the further discharge of pollutants to the municipal separate storm sewer system. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed in compliance with the provisions of this section. Discharges from existing SCM’s that have not been maintained and/or inspected in accordance with this ordinance shall be prohibited.
3. (3) Notification of spills. Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting in, or may result in, illicit discharges or pollutants discharging into, the municipal separate storm sewer system, the person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials the person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, the person shall notify the City in person or by telephone, fax, or email, no later than the next business day. Notifications in person or by telephone shall be confirmed by written notice addressed and mailed to the City within three (3) business days of the telephone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three (3) years.
4. (4) No illegal dumping allowed. No person shall dump or otherwise deposit outside an authorized landfill, convenience center or other authorized garbage or trash collection point, any trash or garbage of any kind or description on any private or public property, occupied or unoccupied, inside the City. Such illegal activity exposes runoff to contamination, generating an illicit discharge. Therefore, any individual or corporation guilty of illegal dumping may have committed a violation of this ordinance.

1. (1) Enforcement authority. The City shall have the authority to issue notices of violation and citations, and to impose civil penalties to anyone that violates this chapter, who violates the provisions of any permit issued pursuant to this chapter, or who fails or refuses to comply with any lawful communication or notice to abate or take corrective action by the City, The City’s enforcement authority includes (as set forth in the City’s Enforcement Response Plan (ERP)):
   1. (a) Verbal Warnings – At a minimum, verbal warnings must specify the nature of the violation and required corrective action.
   2. (b) Written Notices – Written notices must stipulate the nature of the violation and the required corrective action, with deadlines for taking such action.
   3. (c) Citations with Administrative Penalties – The City has the authority to assess monetary penalties, which may include civil and administrative penalties.
   4. (d) Stop Work Orders – Stop work orders that require construction activities to be halted, except for those activities directed at cleaning up, abating discharge, and installing appropriate control measures.
   5. (e) Withholding of Plan Approvals or Other Authorizations – Where a facility is in noncompliance, the City’s own approval process affecting the facility’s ability to discharge to the MS4 can be used to abate the violation.
   6. (f) Additional Measures – The City may also use other escalated measures provided under local legal authorities. The City may perform work necessary to improve erosion control measures and collect the funds from the responsible party in an appropriate manner, such as collecting against the project’s bond or directly billing the responsible party to pay for work and materials.
2. (2) Notification of violation:
   1. (a) Verbal warning. Verbal warning may be given at the discretion of the inspector when it appears the condition can be corrected by the violator within a reasonable time, which time shall be approved by the inspector.
   2. (b) Written notice. Whenever the City finds that any permittee or any other person discharging stormwater has violated or is violating this ordinance or a permit or order issued hereunder, the City may serve upon such person written notice of the violation. Within ten (10) days of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted to the City. Submission of this plan in no way relieves the discharger of liability for any violations occurring before or after receipt of the notice of violation.
   3. (c) Consent orders. The City is empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the person responsible for the noncompliance. Such orders will include specific action to be taken by the person to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as administrative orders issued pursuant to paragraphs (d) and (e) below.
   4. (d) Show cause hearing. The City may order any person who violates this chapter or permit, or order issued hereunder, to show cause why a proposed enforcement action should not be taken. Notice shall be served on the person specifying the time and place for the meeting, the proposed enforcement action and the reasons for such action, and a request that the violator show cause why this proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days prior to the hearing.
   5. (e) Compliance order. When the City finds that any person has violated or continues to violate this chapter or a permit or order issued thereunder, he may issue an order to the violator directing that, following a specific time period, adequate structures or devices be installed and/or procedures implemented and properly operated. Orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including the construction of appropriate structures, installation of devices, self-monitoring, and management practices.
   6. (f) Cease and desist and stop work orders. When the City finds that any person has violated or continues to violate this chapter or any permit or order issued hereunder, the City may issue a stop work order or an order to cease and desist all such violations and direct those persons in noncompliance to:
      1. (i) Comply forthwith; or
      2. (ii) Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation; including halting operations except for terminating the discharge and installing appropriate control measures.
   7. (g) Suspension, revocation or modification of permit. The City may suspend, revoke or modify the permit authorizing the land development project or any other project of the applicant or other responsible person within the City. A suspended, revoked or modified permit may be reinstated after the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein, provided such permit may be reinstated upon such conditions as the City may deem necessary to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations.
   8. (h) Conflicting standards. Whenever there is a conflict between any standard contained in this chapter and in the BMP manual(s) adopted by the City under this ordinance, the strictest standard shall prevail.

Any person who shall commit any act declared unlawful under this chapter, who violates any provision of this chapter, who violates the provisions of any permit issued pursuant to this chapter, or who fails or refuses to comply with any lawful communication or notice to abate or take corrective action by the City, shall be guilty of a civil offense.

1. (1) Penalties. Under the authority provided in Tennessee Code Annotated § 68-221-1106, the City declares that any person violating the provisions of this chapter may be assessed a civil penalty by the City of not less than fifty dollars ($50.00) and not more than five thousand dollars ($5,000.00) per day for each day of violation. Each day of violation shall constitute a separate violation.
2. (2) Measuring civil penalties. In assessing a civil penalty, the City shall consider:
   1. (a) The harm done to the public health or the environment;
   2. (b) Whether the civil penalty imposed will be a substantial economic deterrent to the illegal activity;
   3. (c) The economic benefit gained by the violator;
   4. (d) The amount of effort put forth by the violator to remedy this violation;
   5. (e) Any unusual or extraordinary enforcement costs incurred by the City;
   6. (f) The amount of penalty established by ordinance or resolution for specific categories of violations; and
   7. (g) Any equities of the situation which outweigh the benefit of imposing any penalty or damage assessment.
3. (3) Recovery of damages and costs. In addition to the civil penalty in subsection (2) above, the City may recover:
   1. (a) All damages proximately caused by the violator to the City, which may include any reasonable expenses incurred in investigating violations of, and enforcing compliance with, this chapter, or any other actual damages caused by the violation.
   2. (b) The costs of the City’s maintenance of stormwater facilities when the user of such facilities fails to maintain them as required by this chapter.
4. (4) Referral to TDEC. In accordance with the City’s Enforcement Response Plan and the NPDES Permit requirements, the City may also notify TDEC of violations.
5. (5) Other remedies. The City may bring legal action to enjoin the continuing violation of this chapter, and the existence of any other remedy, at law or equity, shall be no defense to any such actions.
6. (6) Remedies cumulative. The remedies set forth in this section shall be cumulative, not exclusive, and it shall not be a defense to any action, civil or criminal, that one (1) or more of the remedies set forth herein has been sought or granted.

Pursuant to Tennessee Code Annotated § 68-221-1106(d), any person aggrieved by the imposition of a civil penalty or damage assessment as provided by this chapter may appeal said penalty or damage assessment to the City’s governing body.

1. (1) Appeals to be in writing. The appeal shall be in writing and filed with the municipal recorder or clerk within fifteen (15) days after the civil penalty and/or damage assessment is served in any manner authorized by law.
2. (2) Public hearing. Upon receipt of an appeal, the City’s governing body, or other appeals board established by the City’s governing body shall hold a public hearing within thirty (30) days. Ten (10) days prior notice of the time, date, and location of said hearing shall be published in a daily newspaper of general circulation. Ten (10) days’ notice by registered mail shall also be provided to the aggrieved party, such notice to be sent to the address provided by the aggrieved party at the time of appeal. The decision of the governing body of the City shall be final.
3. (3) Appealing decisions of the City’s governing body. Any alleged violator may appeal a decision of the City’s governing body pursuant to the provisions of Tennessee Code Annotated, title 27, chapter 8.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Caliper means a measurement of the tree trunk diameter measured at 2 1/2 feet above grade level.

Gross floor area means the total interior space as defined by the building code.

Impervious surfaces includes concrete, asphalt, brick, metal, or any other material constructed or erected on landscaped or natural buffer areas that impede the percolation of water into the ground.

Interior parking bay means all parking bays that do not qualify as a perimeter bay.

Landscaped area/landscape yard means an area to be planted with grass, trees, shrubs or other natural ground cover. No impervious surfaces are permitted in these areas.

Landscaped island means a landscaped area defined by a curb and surrounded by paving on all sides.

Landscaped peninsula means a landscaped area defined by a curb and surrounded by paving on three sides.

Natural buffer means an area of land set aside for preservation in its natural vegetative state. Plants may not be removed, with the exception of poisonous or non-native plant species or plants that have died that pose a risk to public safety. In addition, fill/cutting activities, storage of materials, and impervious surfaces are not permitted in these areas.

New development. Construction of a new building or structure on its own lot is considered as new development. New buildings or structures constructed on a lot which already contains existing buildings is considered as an expansion.

Perimeter bay means all parking bays that are adjacent to the perimeter of a development.

Screening shrubs means evergreen shrubs that maintain their foliage year-round.

Screening trees means evergreen trees that maintain their foliage year-round.

Street yard means a designated landscaped area where private property abuts the public street right-of-way for planting of grass, trees, and shrubs.

The purpose and intent of this chapter is to preserve and promote the health, safety, and the general welfare of the public; to conserve properties and their values; and to preserve the character of an area by preventing the harmful effects of prejudicial land uses. More specifically, this chapter is intended to require the landscaping of parking lots in order to reduce the harmful effects of wind and air turbulence, heat and noise, the glare of motor vehicle lights, the level of carbon dioxide in the atmosphere, and soil erosion, while providing shade and enhancing the blighted appearance of parking lots.

The requirements of this chapter shall apply to:

1. (1) All new public/private development.
2. (2) Existing public/private developments. For existing developments and parking facilities, expansions in gross floor area (GFA) or parking spaces shall trigger landscape requirements based on the scope of work proposed as established in this subsection. Where both the building expansion and parking lot expansion requirements are applicable, the building expansion requirements shall supersede.
   1. (a) Building expansions.
      1. (i) If an existing building, structure, or development is expanded by 50 percent or more in gross floor area, then the entire building, structure, or development shall comply with the provisions of this chapter.
      2. (ii) If an existing building, structure, or development is expanded by less than 50 percent in gross floor area, then the entire building, structure, or development shall be exempt from complying with the provisions of this chapter.
   2. (b) Parking lot expansions.
      1. (i) If the number of existing parking spaces for an existing building, structure or development is expanded by 25 percent to 49 percent, then the area of expansion shall comply with the provisions of this chapter.
      2. (ii) If the number of existing parking spaces for an existing building, structure or development is expanded by 50 percent or more, then the entire parking lot shall comply with the provisions of this chapter.
3. (3) Exemptions. One-family detached and two-family residential dwellings are exempt from landscaping requirements.

Proposed developments subject to the provisions of this chapter shall submit a landscape site plan to the building inspections office. A licensed landscape architect, architect, or engineer may be required to design the landscape plan. Such requirements will be based on the complexity of the conditions, the adjacent properties, and the site itself. This determination will be made by the city manager, public works director, community development director, or their designee. This plan may be incorporated into a site plan or parking/paving plan, provided the scale is not less than one inch equals 40 feet. The following elements shall be shown on the landscape site plan:

1. (1) Zoning of site and adjoining properties;
2. (2) Existing and proposed contours at two-foot intervals or less;
3. (3) Boundary lines and lot dimensions;
4. (4) Date, graphic scale, north arrow, title and name of owner, and the phone number of the person or firm responsible for the landscape plan;
5. (5) Location of all proposed structures and storage areas;
6. (6) Existing and proposed drainage features and 100-year floodplain, if applicable;
7. (7) Parking lot layout including parking stalls, bays, and driving lanes;
8. (8) Existing and proposed utility lines, and easements;
9. (9) All paved surfaces and curbs, including curb breaks/curb cuts for drainage;
10. (10) Existing trees or natural areas to be retained; and
11. (11) Location of all required landscaping areas (street yard, landscaped peninsulas, landscaped islands, and screening buffers).

Prior to receiving a certificate of occupancy, a plant installation plan shall be submitted to the building inspections office and approved containing the following information:

1. (1) Location, installation size, quantity, and scientific and common names of landscaping to be installed; and
2. (2) Spacing between trees and shrubs used for screening.

The applicant has the option of submitting both the landscape plan and the plant installation detail plan at the same time.

1. (1) Intent. This chapter does not intend to create undue hardship on affected properties. The required landscaping should not exceed 15 percent of the total lot area. For existing developments, where the GFA or parking areas are being increased, the loss of off-street parking spaces (required by the zoning ordinance) as a result of compliance with the landscaping provisions should not exceed ten percent.
2. (2) Special administrative remedies. Lots with a depth of 150 feet or less, or an area of 15,000 square feet or less, have the following special exceptions:
   1. (a) An automatic 50 percent reduction in landscape yard depth requirements for screening, street yard, and parking lot landscaping sections; and
   2. (b) A 25 percent reduction in planting requirements for all sections except for the required evergreen plantings for screening. Lots, which front on more than one street, have the following special exception: All street frontages other than the primary street frontage may have a street yard with a minimum depth of four feet. In situations where the landscape requirements would result in the demolition of an existing building, a loss of more than ten percent of the gross required off-street parking for an existing development, or a loss greater than 15 percent of the lot area for development, the following administrative remedies may be applied:
      1. (i) Reduce the required minimum landscaped area widths up to 50 percent; and
      2. (ii) Reduce the tree planting requirements by up to 25 percent.
3. (3) Administrative guidelines.
   1. (a) Where possible, reduction of landscaping requirements in one area should be offset by an increase of landscaping requirements in other portions of the site.
   2. (b) The first priority is to provide trees along the street frontage.
   3. (c) The second priority is to provide trees within portions of the parking lot that are highly visible from the street.
   4. (d) A screen should always be provided if it is required by this chapter. Where there are space limitations or potential sight distance problems, the landscape yard shall be reduced as necessary. If the planting area is less than five feet in width, a minimum six-foot-tall wood or composite fence or masonry wall shall be required.

Where any requirement of this chapter conflicts with the requirement of another section or existing zoning conditions in the zoning ordinance, the provisions of this landscaping chapter shall override.

In accordance with ACC 16-2, it is unlawful for any property owner or occupant to allow any limbs of trees on his/her property to project out and/or over any street, alley or sidewalk at a height of less than 14 feet.

In accordance with ACC 16-3, it is unlawful for any property owner or occupant to have or maintain on his property any fence, tree, hedge, shrub, sign, or other construction which prevents persons driving vehicles on public streets or alleys from obtaining a clear view of traffic when approaching an intersection. The obstructions mentioned in this section shall not be above two feet in height and shall not be allowed within 50 feet from the centerline of any street. This section is not applicable to buildings or their appendages or retaining walls.

1. (1) Intent. The intent of this section is to add quality and definition to the street by planting trees within a landscaped area along the edges of the right-of-way.
2. (2) Dimensions. Except for points of access, a street yard shall be provided where the proposed development site adjoins the public street right-of-way. Alleys are exempt from this requirement. The street yard shall have a minimum depth of eight feet as measured from the edge of the public street right-of-way towards the interior of the property. The yard shall consist of sod grass or other natural living ground cover material. No impervious surfaces are permitted in the street yard area. If the area between the street right-of-way and/or property line and the edge of pavement or back of curb is disturbed, that area shall be restored to the original condition prior to disturbance.
3. (3) Plantings. Trees shall be planted within the street yard at a minimum ratio of one tree per 35 linear feet of right-of-way frontage. Trees do not have to be evenly spaced in 35-foot increments. Fractions of trees shall be rounded up to the nearest whole number. The minimum spacing between trees is 15 feet measured trunk to trunk. The maximum spacing is 50 feet measured trunk to trunk. The trees referred to in this section shall have a minimum expected maturity height of at least 25 feet and should be of a species common to southeast Tennessee.
4. (4) Existing woodlands. Existing woodlands along the street right-of-way frontage can be substituted for the street yard requirements subject to the following:
   1. (a) Existing woodlands to be set aside shall have a minimum depth of 25 feet as measured from the public street right-of-way;
   2. (b) Number of woodland trees (not including prohibited trees) having a minimum caliper of six inches shall equal or exceed the minimum street tree planting ratio of one tree per 35 linear feet;
   3. (c) No impervious surfaces are permitted within the protected woodlands area except for approved access points to the site or as a part of the stormwater plan; and
   4. (d) No cutting/filling activities or storage of materials/equipment are permitted within the protected woodlands.
5. (5) Exemptions/special situations. Properties adjoining rights-of-way that encroach into established parking areas more than 20 feet have the following street yard options:
   1. (a) Plant street trees within the right-of-way, provided written permission is obtained from the owner of the public right-of-way;
   2. (b) If permission cannot be obtained to plant in the right-of-way, no street yard will be required. However, the street trees will be relocated somewhere within the site in an area highly visible from the street. These trees cannot be used to meet requirements in other sections. Existing street trees planted within the right-of-way (not including the center median or opposite side of the street) can be used to meet the street yard requirements. Where overhead powerlines encroach into the street yard, smaller shade trees may be substituted for larger shade trees. Stormwater facilities may be located within the street yard, subject to the following conditions:
      1. (i) Trees and other living organic materials can be planted along the stormwater facility; however, the facility must be maintained in accordance with the stormwater management policy;
      2. (ii) The stormwater facility must meet all requirements of the city. With the written approval of the right-of-way owner, portions of the public right-of-way may be used to meet the street yard requirements.

1. (1) Intent. The intent of this section is to break up the expanse of asphalt, to provide shade, and to reduce the glare from parked cars and loading docks.
2. (2) Design criteria.
   1. (a) No parking space shall be more than 60 feet from a tree;
   2. (b) Ends of all interior parking bays that contain a minimum of ten contiguous parking spaces shall be bordered on both sides by a landscape island;
   3. (c) Ends of all perimeter parking bays shall be bordered by a landscaped peninsula;
   4. (d) Side- and front-facing truck delivery stalls and loading bays shall be screened from the public right-of-way as described in ACC 14-167.
3. (3) Dimensions/planting criteria. Landscaped islands and peninsulas used to meet the landscaping requirements shall have a minimum width of eight feet and a minimum landscaped area of 200 square feet. Landscaped islands and peninsulas used to meet the landscaping requirements shall be planted with at least one tree. The trees referred to in this section shall be of a species common to southeast Tennessee. In the special situations specified below, smaller shade trees may be substituted for larger shade trees:
   1. (a) An overhead obstacle such as a canopy or powerline limits the tree height; or
   2. (b) The tree is located within 20 feet of a building. All landscaped islands and peninsulas shall be bordered by a curb or a wheel stop. Curb breaks should be utilized to allow stormwater to enter planted areas. The screening material for loading docks and delivery stalls shall consist of the following:
      1. (i) One row of evergreen shrubs spaced a maximum of five feet on-center or a row of evergreen trees spaced a maximum of ten feet on-center; and
      2. (ii) A landscaped yard with a minimum depth of eight feet for the planted screen.

1. (1) Intent. To provide a transition between incompatible land uses and to protect the integrity of less-intensive uses from more intensive uses, screening and buffering will be required. The purpose of the screen is to provide a year-round visual obstruction. The buffer provides transition between the incompatible uses by requiring a landscape yard of a minimum specified depth along the shared property line.
2. (2) Procedure. The procedure for determining screening requirements shall be as follows: Refer to the matrix below to determine any screening requirements for the proposed development. First, identify the type of zoning for the proposed development (along the left side of the matrix) and each adjoining property (along the top of the matrix). Find where the zoning of the proposed development and each adjoining property intersect on the matrix. If a screen is required, a capital letter will indicate the type of screen to be applied. A description of each screen type is provided below.
   
   Existing
   
   

   	Manufacturing/Warehousing	Commercial	Office	High-Density Residential	Low-Density Residential
   Manufacturing/ warehousing	∆	C	B	A	A
   Commercial	∆	∆	∆	B	B
   Office	∆	∆	∆	C	C
   Residential (high-density)	A	B	C	∆	C

   No screen or buffer required = ∆
   
   Zoning Districts
   
   

   Manufacturing/warehousing	I-1 and I-2
   Commercial	B-1, B-2, B-3 and B-4
   Office	M-1 and P-1
   Residential (high-density)	R-2, R-3, and R-4
   Residential (low-density)	R-E and R-1

3. (3) Screening types. The screening types shall be as follows:
   1. (a) Type A. 30-foot deep landscape yard planted with:
      1. (i) Evergreen trees spaced a maximum of ten feet on-center or two staggered rows (spaced a maximum of seven feet apart) of shrubs spaced a maximum of eight feet on-center; and two rows of shade trees spaced a maximum of 35 feet on-center.
      2. (ii) All plantings shall be of a species common to southeast Tennessee.
   2. (b) Type B. 20-foot deep landscape yard planted with:
      1. (i) Evergreen trees spaced a maximum of ten feet on-center or two staggered rows (spaced a maximum of seven feet apart) of shrubs spaced a maximum of eight feet on-center; and one row of shade trees spaced a maximum of 35 feet on-center.
      2. (ii) All plantings shall be of a species common to southeast Tennessee.
   3. (c) Type C. Ten-foot deep landscape yard planted with:
      1. (i) Evergreen trees spaced a maximum of ten feet on-center or two staggered rows (spaced a maximum of seven feet apart) of shrubs spaced a maximum of eight feet on-center.
      2. (ii) All plantings shall be of a species common to southeast Tennessee.
   4. (d) Type D. Dumpsters to be screened in the manner described below:
      1. (i) Screening shall be a minimum height of six feet;
      2. (ii) All four sides of the dumpster shall be screened;
      3. (iii) The screen should incorporate access to the dumpster by using a wood fence or other opaque device to serve as a gate;
      4. (iv) Screening materials can be any combination of evergreen plantings, wood, composite or masonry material.
   5. (e) Type E. Stormwater facilities located in the landscaped yard subject to the following conditions:
      1. (i) Trees and other living organic materials can be planted along stormwater facility.

Credits for landscaping are available for leaving natural buffers along perennial streams. All credits and buffer designs are subject to the review and approval of the building inspections office and/or the public works department.

1. (1) A natural buffer with a minimum width equal to three times the stream width shall be provided on each side of the stream; the required width per side shall be no less than 25 feet and no more than 100 feet; the width of the buffer shall be measured from edge of the stream bank.
2. (2) No vegetation within the natural buffer shall be removed or disturbed except for poisonous, non-native, or noxious plant species.
3. (3) No fill or cutting activities, including the storage of materials or equipment, shall be permitted in the natural buffer area.
4. (4) No impervious surfaces are permitted in the buffer unless approved as a part of the stormwater plan.
5. (5) Trees located within the buffer area with a minimum six-inch caliper can be used to meet the landscaping requirements.
6. (6) The maximum landscaping credit allowance is 25 percent of the landscaping requirements for trees.

1. (1) Intent. All landscaping materials shall be installed in a sound, professional manner and according to professionally accepted good planting procedures. Any landscape material which fails to meet the minimum requirements at the time of installation shall be removed and replaced with acceptable materials.
2. (2) Prohibited plants. The following plants are prohibited from being used to meet these requirements due to problems with hardiness, maintenance, or nuisance:
   1. (a) Kudzu vine.
   2. (b) Garlic mustard.
   3. (c) Purple loosestrife.
   4. (d) Paulownia.
   5. (e) Japanese honeysuckle.
   6. (f) Multiflora rose.
   7. (g) Shrub honeysuckle.
   8. (h) Siberian elm.
   9. (i) Autumn olive.
   10. (j) Silver poplar.
   11. (k) Common privet.
   12. (l) Mimosa.
   13. (m) Tree of Heaven.
   14. (n) Mulberry.
   15. (o) Silver maple.

1. (1) Intent. To avoid damage to utility lines and landscape plantings, all trees and shrubs should be planted outside of existing and proposed utility easements.
2. (2) Policy. Any tree or shrub used to meet the requirements of this chapter shall not be located within proposed or existing utility easements unless it meets one of the special exceptions as defined in subsection (c) of this section.
3. (3) Special exceptions. Special exceptions to this section are as follows:
   1. (a) Written permission has been obtained from the holder of the utility easement.
   2. (b) Where overhead powerlines cross an area required by this chapter to be planted with shade trees, smaller shade trees may be substituted.
4. (4) Priority considerations. If none of the special exceptions in subsection (c) of this section apply, the following options shall be considered in order of priority:
   1. (a) Priority 1. Planting the tree as close to the easement as possible.
   2. (b) Priority 2. For highly visible areas (street yards, parking lots in front), planting the tree in the same general area where it can be seen from the street or parking lot.
5. (5) Fire hydrant visibility. In order to allow fire department personnel adequate visibility and access to fire hydrant locations, a three-foot buffer with visibility shall be required/provided around all fire hydrants located in areas where landscaping is required by the provisions of this chapter.

The persons in charge of or in control of the property, whether as owner, lessee, tenant, occupant or otherwise, shall be responsible for the continued proper maintenance of all landscaping materials and shall keep them in proper, neat and orderly appearance, free from refuse and debris at all times. All unhealthy or dead plant material shall be replaced within one year, or by the next planting period, whichever comes first. Other defective landscape material shall be replaced or repaired within three months that meet the requirements of this chapter. A maintenance/replacement bond in an amount equal to 110 percent of the projected cost of landscaping shall be provided to the city of a period not less than one year.

1. (1) If the landscaping has not been installed and inspected for proper installation prior to receiving certificate of occupancy, a certificate of occupancy may be granted, provided the following conditions are met:
   1. (a) The property owner posts a performance bond or irrevocable letter of credit with the city treasurer;
   2. (b) The amount of the bond or letter of credit shall be based on material and installation costs of the uninstalled landscape material, including a ten percent contingency cost, as shown on the submitted landscape plan; and
   3. (c) The cost of the landscaping shall be certified by a licensed contractor.
2. (2) After receiving the certificate of occupancy, the remaining landscape material shall be installed within six months. The bond or letter of credit shall be called if the required landscaping has not been installed by the end of the six-month period, and the funds shall be applied to complete the landscaping work.

1. (1) Any person aggrieved by the administration, interpretation, or enforcement of this chapter may appeal to the board of zoning appeals within 30 days of the decision imposed by the building inspector, city manager, public works director, or any other agent of the city.
2. (2) Decisions of the board of zoning appeals may be appealed to court of competent jurisdiction. Should any court of competent jurisdiction find any portion of this chapter to be unlawful or unconstitutional, such finding shall not affect this chapter as a whole or any portion of it not found invalid.

The ordinance from which this policy is derived is adopted by the city council and by the city municipal/regional planning commission. Inspection and enforcement of the conditions described in this policy are the responsibility of, but not limited to, the public works director, or his designee, or the city building inspector, or other persons as designated by the city manager. Intentional or continued violation of this policy is considered a civil offense.

Except as specifically defined herein, all words used in this chapter have their customary dictionary definitions where not inconsistent with the context. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Buffer strip. An evergreen buffer shall consist of a greenbelt planted strip not less than ten feet in width. Such a greenbelt shall be composed of one row of evergreen trees, spaced not more than 40 feet apart and not less than two rows of shrubs or hedge, spaced not more than five feet apart and which grow to a height of five feet or more after one full growing season and which shrubs will eventually grow to not less than ten feet.

Health officer means the director of a city, county, or district health department having jurisdiction over the community health in a specific area, or his duly authorized representative.

Mobile home (trailer) means a detached single-family dwelling unit with any or all of the following characteristics:

1. (1) Designed for long-term occupancy and containing sleeping accommodations, a flush toilet, a tub or shower bath, and kitchen facilities, with plumbing and electrical connections provided for attachment to outside systems.
2. (2) Designed to be transported after fabrication on its own wheels or on a flatbed or other trailer or detachable wheels.
3. (3) Arriving at the site where it is to be occupied as a complete dwelling, including major appliances and furniture, and ready for occupancy except for minor and incidental unpacking and assembly operations, location on foundation supports, connection to utilities, and the like.
4. (4) Exclusion. A unit constructed with a minimum of a nominal two-inch by four-inch studded walls, at least 20 feet wide, which is placed on a permanent masonry foundation, from which all evidence of mobility has been removed, and which has a sloped roof shall not be considered a mobile home regardless of how it is transported to the building site.

Mobile home park means any plot of ground on which two or more mobile homes occupied for dwelling or sleeping purposes are located.

Mobile home space means a plot of ground within a mobile home park designated for the accommodation of one mobile home.

Permit (license) means the permit required for mobile home parks, single mobile homes, and travel trailer parks. Fees charged for mobile home and travel trailer parks under the permit requirements are for inspection and the administration of this chapter.

Travel trailer means a travel trailer, pickup camper, converted bus, tent-trailer, tent, or similar device used for temporary portable housing or a unit which:

1. (1) Can operate independent of connections to external sewer, water, and electrical systems;
2. (2) Contains water storage facilities and may contain a lavatory, kitchen sink, and/or bath facilities.

Travel trailer park means any plot of ground on which two or more travel trailers, occupied for camping or periods of short stay, are located.

1. (1) It is unlawful for any mobile home to be used, stored, or placed on any lot or serviced by the utilities of the city where said mobile home is outside of any designated and licensed mobile home park or approved mobile home subdivision (see subdivision regulations) after the date of passage of the ordinance from which the provisions in this chapter are derived, excepting mobile homes located on licensed mobile home sales lots and except as provided in subsection (b) of this section.
2. (2) Any mobile home already placed on a lot outside of a mobile home park on or before the date of passage of the ordinance from which the provisions in this chapter are derived will be permitted to remain at its present location. Any mobile home site at any location with utility connections and other facilities constructed specifically for utilization as a permanent mobile home parking site in existence prior to the date of the passage of the ordinance from which the provisions in this chapter are derived shall be permitted to be utilized for parking and servicing mobile homes hereafter. If said present mobile home shall remain vacant for a period of 60 days, said mobile home owner shall be given, at the end of that 60 days, a period not to exceed 15 days in which to remove said mobile home and to comply with all provisions of this chapter.
3. (3) No mobile home shall be used, placed, stored or serviced by utilities within the city or within any mobile home park in the city unless there is posted near the door of said mobile home a valid state license. Mobile homes in mobile home subdivisions and any individually located mobile homes shall be assessed property taxes.

1. (1) Permit for mobile home park.
   1. (a) No place or site within the city shall be established or maintained by any person, group of persons, or corporation as a mobile home park unless a valid permit is issued by the city building inspector in the name of such person for the specific mobile home park. The city building inspector is authorized to issue, suspend, or revoke permits in accordance with the provisions of this chapter.
   2. (b) Mobile home parks in existence as of the effective date of the ordinance from which these provisions are derived shall be required to obtain a mobile home park permit. Existing mobile home parks which cannot comply with the requirements regarding mobile home parks shall be considered as a nonconforming use; provided, however, if at any time the ownership of said park shall change, said new owner shall be given a period not to exceed 30 days in which to comply with current mobile home park regulations in all respects and his failure to do so shall render him ineligible for a mobile home park permit at his present location. Said existing mobile home parks shall comply with all state regulations applicable thereto which were in force prior to the establishment of said mobile home park.
2. (2) Inspections by city building inspector. The city building inspector is hereby authorized and directed to make inspections to determine the condition of mobile home parks in order that he may perform his duty of safeguarding the health and safety of occupants of mobile home parks and of the general public. The city building inspector shall have the power to enter at reasonable times upon any private or public property for the purpose of inspecting and investigating conditions relating to the enforcement of this chapter.
3. (3) Length of occupancy. No mobile home space shall be rented in any mobile home park except for periods of 60 days or more, and no mobile home shall be admitted to any park unless it can be demonstrated that it meets the requirements of the state regulations.
4. (4) Location and planning. The mobile home park shall be located on a well-drained site and shall be so located that its drainage will not endanger any water supply and shall be in conformity with a plan approved by the city planning commission and shall be located in districts as specified in the zoning ordinance.
5. (5) Minimum size of mobile home park. The tract of land for the mobile home park shall comprise an area of not less than five acres. The tract of land shall consist of a single plot so dimensioned and related as to facilitate efficient design and management.
6. (6) Minimum number of spaces. The minimum number of spaces completed and ready for occupancy before first occupancy is 12.
7. (7) Minimum mobile home space and spacing of mobile homes. Each mobile home space shall be adequate for the type of facility occupying the same. Mobile homes shall be parked on each space so that there will be at least 15 feet of open space between mobile homes or any attachment such as a garage or porch (if the construction of additional rooms or covered areas is to be allowed beside the mobile homes, the mobile home spaces shall be made wider to accommodate such construction in order to maintain the required 15 feet of open space) and at least 15 feet end-to-end spacing between trailers and any building or structure, 20 feet between any trailer and property line and 35 feet from the right-of-way of any public street or highway and ten feet from streets within the park. In addition, each mobile home space shall contain:
   1. (a) A minimum lot area of 3,000 square feet;
   2. (b) A minimum width of at least 40 feet and a minimum depth of at least 75 feet;
   3. (c) A minimum depth with end parking of an automobile equal to the length of the mobile home, plus 30 feet;
   4. (d) A minimum depth with side or street parking equal to the length of the mobile home, plus 15 feet.
8. (8) Common area. A centrally located area shall be provided for recreational use by the occupants of the mobile home park. This area shall be maintained in an attractive manner and shall be well-drained and free from flood. The minimum size of this area shall be equal to 300 square feet per mobile home.
9. (9) Water supply.
   1. (a) Where a public water supply is available, it shall be used exclusively. The development of an independent water supply to serve the mobile home park shall be made only after written approval of plans and specifications has been granted by the city engineer and county health officer.
   2. (b) In those instances where an independent system is approved, the water shall be from a supply properly located, protected, and operated and shall be adequate in quantity and approved in quality. Samples of water for bacteriological examination shall be taken before the initial approval of the physical structure and thereafter at least every four months and when any repair or alteration of the water supply system has been made. If a positive sample is obtained, it will be the responsibility of the mobile home park operator to provide such treatment as is deemed necessary by the health officer to maintain a safe, potable water supply. Water shall be furnished at the minimum capacity of 250 gallons per day per mobile home space. An individually metered water service connection shall be provided for each mobile home space.
10. (10) Sewage disposal.
    1. (a) An adequate sewage disposal system must be provided and must be approved in writing by the health officer and city engineer. Each mobile home space shall be equipped with at least a six-inch sewer connection, trapped below the frost line and reaching at least four inches above the surface of the ground. All sewer lines shall be laid in trenches separated at least ten feet horizontally from any drinking water supply line.
    2. (b) Every effort shall be made to dispose of the sewage through a public sewerage system. In lieu of this, a septic tank and subsurface soil absorption system may be used, provided the soil characteristics are suitable and an adequate disposal area is available. The minimum size of any septic tank to be installed under any condition shall not be less than 750 gallons working capacity. This size tank can accommodate a maximum of two mobile homes. For each additional mobile home on such a single tank, a minimum additional liquid capacity of 175 gallons shall be provided. The sewage from no more than 12 mobile homes shall be disposed of in any one single tank installation. The size of such tank shall be a minimum of 2,500 gallons liquid capacity.
    3. (c) The amount of effective soil absorption area or total bottom area of overflow trenches will depend on local soil conditions and shall be determined only on the basis of the percolation rate of the soil. The percolation rate shall be determined as outlined in Appendix A of the state department of health bulletin, entitled "Recommended Construction of Large Septic Tank Disposal Systems for Schools, Factories and Institutions." This bulletin is available on request from the department. No mobile home shall be placed over a soil absorption field.
    4. (d) In lieu of a public sewerage or septic tank system, an officially approved package treatment plant may be used.
11. (11) Refuse. The storage, collection, and disposal of refuse in the park shall be so managed as to create no health hazards. All refuse shall be stored in flyproof, watertight, and rodentproof containers. Satisfactory container racks or holders shall be provided. Garbage shall be collected and disposed of in an approved manner at least twice per week.
12. (12) Electricity. An electrical outlet supplying at least 220 volts shall be provided for each mobile home space and shall be weatherproof and accessible to the parked mobile home. All electrical installations shall be in compliance with the National Electrical Code and state department of insurance and banking Regulation No. 15, entitled "Regulation Relating to Electrical Installations in the State of Tennessee," and shall satisfy all requirements of the local electric service organization.
13. (13) Streets. Minimum widths of various streets within mobile home parks shall be:
    1. (a) One-way, with no on-street parking: 12 feet.
    2. (b) One-way, with parallel parking on one side only: 18 feet.
    3. (c) One-way, with parallel parking on both sides: 26 feet.
    4. (d) Two-way, with no on-street parking: 20 feet.
    5. (e) Two-way, with parallel parking on one side only: 28 feet.
    6. (f) Two-way, with parallel parking on both sides: 36 feet.
14. (14) Street or road base. The base shall consist of crushed stone, grade D, class B, compacted to six inches, and constructed as specified in section 303 of the state department of highways' Standard Specifications for Road and Bridge Construction, 1968.
15. (15) Asphaltic concrete surface course (hot mix). The asphaltic concrete surface course (paved surface) shall be constructed with asphaltic concrete (grading E) compacted to two inches with not less than an average weight of 200 pounds per square yard and constructed as specified in Section 411, pages 258 through 260 of the state department of highways' Standard Specifications for Road and Bridge Construction (and subsequent revisions), January 1, 1968.
16. (16) Parking spaces. Car parking spaces shall be provided in sufficient number to meet the needs of the occupants of the property and their guests without interference with normal movement of traffic. Such facilities shall be provided at the rate of at least one car space for each mobile home lot, plus an additional car space for each three lots to provide for guest parking, for two-car tenants and for delivery and service vehicles. Car parking spaces shall be located for convenient access to the mobile home spaces. Where practical, one car space shall be located on each lot and the remainder located in adjacent parking bays. The size of the individual parking space shall have a minimum width of not less than ten feet and a length of not less than 20 feet. The parking spaces shall be located so access can be gained only from internal streets of the mobile home park.
17. (17) Buffer strip. An evergreen buffer strip shall be planted along all boundaries of the mobile home park (see definition of the term "buffer strip" in ACC 14-202).

1. (1) Occupied travel trailers restricted to parks. It is unlawful for any travel trailer to be occupied or serviced outside of any properly designated travel trailer park. This provision shall not apply to the storage of travel trailers, provided said trailer unit is neither temporarily nor permanently occupied as a dwelling unit while within the city limits.
2. (2) Permit for travel trailer park. No place or site within the city shall be established or maintained by any person, group of persons, or corporation as a travel trailer park unless he holds a valid permit issued by the city building inspector in the name of such person for the specific travel trailer park. The city building inspector is authorized to issue, suspend, or revoke permits in accordance with the provisions of this chapter.
3. (3) Inspections by city building inspector or county health officer. The city building inspector or county health officer is hereby authorized and directed to make inspections to determine the condition of travel trailer parks, in order that he may perform his duty of safeguarding the health and safety of the occupants of travel trailer parks and of the general public. The building inspector or county health officer shall have the power to enter at reasonable times upon any private or public property for the purpose of inspecting and investigating conditions relating to the enforcement of this chapter.
4. (4) Length of occupancy. Travel trailer spaces shall be rented by the day or week only, and the occupant of such space shall remain in the same travel trailer park not more than 14 days.
5. (5) Location. Travel trailer parks shall be located in districts as specified in the zoning ordinance of the city.
6. (6) Minimum size of travel trailer space. Each travel trailer space shall have a minimum width of 30 feet and a minimum length of 50 feet.
7. (7) Site planning improvements. Site planning improvements shall conform to the standards established in Regulations VIXX of the State Regulations Governing the Construction, Operation and Maintenance of Organized Camps in Tennessee, as provided in chapter 65, Public Acts of 1965.

It is unlawful for any person to maintain or operate, within the corporate limits of the city, any mobile home park unless such person shall first obtain a permit therefor.

An annual permit fee shall be required for mobile home parks and travel trailer parks.

1. (1) Mobile home parks. The annual permit fee for mobile home parks shall be $25.00.
2. (2) Travel trailer parks. The annual permit fee for each travel trailer park shall be $25.00.

1. (1) Mobile home parks. The application for a mobile home park shall be filed with and issued by the city building inspector subject to the planning commission's approval of the mobile home park plan. The application shall be in writing and signed by the applicant and shall be accompanied by an approved plan of the proposed mobile home park. The plan shall contain the following information and conform to the following requirements:
   1. (a) The plan shall be clearly and legibly drawn at a scale not smaller than 100 feet to one inch;
   2. (b) Name and address of owner of record;
   3. (c) Proposed name of park;
   4. (d) North point and graphic scale and date;
   5. (e) Vicinity map showing location and acreage of mobile home park;
   6. (f) Exact boundary lines of the tract by bearing and distance;
   7. (g) Names of owners of record of adjoining land;
   8. (h) Existing streets, utilities, easements, and watercourses on and adjacent to the tract;
   9. (i) Proposed design, including streets, proposed street names, lot lines with approximate dimensions, easements, land to be reserved or dedicated for public uses, and any land to be used for purposes other than mobile home spaces;
   10. (j) Provisions for water supply, sewerage, and drainage;
   11. (k) Such information as may be required by the city to enable it to determine if the proposed park will comply with legal requirements; and
   12. (l) The application and all accompanying plans and specifications shall be filed in triplicate. Certificates that shall be required are:
       1. (i) Owner's certification;
       2. (ii) The planning commission's approval signed by the secretary; and
       3. (iii) Any other certificate deemed necessary by the planning commission.
2. (2) Individual mobile homes. The application for an individual mobile home permit shall be filed with and issued by the city building inspector. Applications shall be in triplicate form and signed by the applicant. The application shall contain the following:
   1. (a) The name of the applicant who is to reside in the mobile home;
   2. (b) The location of the mobile home;
   3. (c) A description of the mobile home, make, model and year;
   4. (d) The state mobile home license number and date; or if property taxes are being paid by the applicant for said mobile home, the applicant shall indicate date taxes last paid and amount.
   5. (e) Any additional information as may be required by the city to enable it to determine if the mobile home and site will comply with all legal requirements.
3. (3) Travel trailer parks. Applications for travel trailer parks shall meet the same requirements as contained in subsection (a) of this section.

1. (1) It shall be the duty of the county health officer and city building inspector to enforce the provisions of this chapter.
2. (2) Where septic tanks are to be used, the planning commission shall require certificates of approval by the county health officer.

1. (1) Board of appeals. The city regional planning commission shall serve as the board of appeals and shall be guided by procedures and powers compatible with state law. Any party aggrieved because of an alleged error in any order, requirement, decision, or determination made by the building inspector in the enforcement of this chapter may appeal for and receive a hearing by the board of appeals (advised by the city attorney) for an interpretation of pertinent chapter provisions. In exercising this power of interpretation of this chapter, the board of appeals, with advice from the city attorney, may, in conformity with the provisions of this chapter, reverse or affirm any order, requirement, decision, or determination made by the building inspector.
2. (2) Appeals from board of appeals. Any person or any board, taxpayer, department, or bureau of the city aggrieved by any decision of the board of appeals and the city attorney may seek review, by a court of record, of such decision in the manner provided by the laws of the state.

Any person or corporation who violates the provisions of this chapter or the rules and regulations adopted pursuant hereto, or fails to perform the reasonable requirements specified by the city building inspector or county health officer, after receipt of five days' written notice of such requirements, shall be subject to a civil penalty under ACC 1-13.