APPENDIX
C
Land Disturbance Permit Policy
Bradley County
1.1 Purpose/Scope
1.2 Authority
3.1 Required Signatures
3.2 Exceptions for Land Disturbance Permit
3.3 Responsibility not Waived
3.4 Site Plan and/or Conceptual Grading Plan Requirements
3.5 Plan Submittal, Review, and Approval Process for Land Disturbance Permits
5.1 Control Measures
6.1 Enforcement Measures
6.2 Responsibility for Utilities - Locations and Service
Arrangements
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.
This
policy sets forth standards and rules for grading, earthwork or land
disturbance and establishes the requirement of a formal permitting procedure.
This policy applies to the implementation area within Bradley County 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 & inspection of
grading and/or earthwork operations.
This
policy is developed, implemented, and recognized as a standard practice for
The
Bedrock - In-place, solid, and undisturbed rock.
Best Management Practices (BMPs) – Techniques or practices that reduce the velocity of runoff waters, which can result in the deposition of suspended soil. “BMPs” are physical, structural, and/or managerial practices that, when used singly or in combination, prevent or reduce pollution of water and minimize erosion, that have been approved by Bradley County, and that have been incorporated by reference into this policy as if fully set out therein.
Building Lot Land Disturbance Permit- A permit allowing or authorizing the initiation of grading, excavation or related earthwork according to County Policies, Procedures, Ordinances or adopted codes or referenced texts for disturbance of any lot or parcel on which a building or structure will be placed.
Clearing - The removal from land of
trees, shrubs, grass, and/or other varied ground cover and vegetation useful
for windbreaks, water retention, and the maintenance of topsoil. Any activity
that removes the vegetative surface cover.
Compaction - The densification of
materials by mechanical means.
Cut - See excavation.
Earth Material - Any rock and/or
natural soil exclusive of any decomposable matter.
Earthwork - Excavation, fill and
back fill, compaction, and grading.
Erosion - The wearing away of the
ground surface as a result of movement of wind, water, and/or ice.
Excavation - The mechanical removal
of earth material.
Fill or Backfill - A deposit of
earth by artificial means.
Finish or Final Grade - The grade of
the subject site, which conforms to the permitted plan.
Grade - The vertical location of the
ground surface to a predetermined elevation datum. The excavation or fill of
material, including the resulting conditions thereof.
Grading - The operation of raising
or lowering the ground surface to a predetermined grade.
Hot Spot – An area where land use or activities generate or have the potential to generate highly contaminated runoff, with concentrations of pollutants n excess of those typically found in stormwater.
Impaired Waters –
Any segment of surface waters that has been identified by the Environmental
Protection Agency as failing to support classified uses. A watercourse delineated by the Tennessee Department of Environment and
Conservation which is listed on the “303d” list as degraded with respect to
classified uses, including but not limited to recreation, drinking water,
agricultural, irrigation, etc.
Land Disturbance – Any activity on property that results in a change or alteration in the existing ground cover (both vegetative and non-vegetative) and/or the existing soil topography. Land disturbing activities include, but are not limited to, development, redevelopment, demolition, construction, reconstruction, clearing, grading, filling, excavation and borrow pits.
Land Disturbance Permit - A permit allowing or authorizing
the initiation of grading, excavation, or related earthwork according to
Priority Site – Sites that discharge directly into or immediately upstream of waters the state recognizes as impaired or high quality.
Rough Grade - The stage of
construction at which the grade approximately conforms to the permitted plan.
Sediment - Solid material, both
material 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 – A parcel or portion of
a parcel of land or a contiguous combination thereof, where land disturbance or
related earthwork is performed as a single unified operation.
Site Plan – A surveyed and
engineered graphic representation of a proposed development of a parcel of land
describing with reasonable certainty the type and intensity of use thereon.
Site Sketch – A graphic representation of a proposed development of a parcel of land describing with reasonable certainty the type and intensity of use thereon. Applies to single- family residential or multi-family residential less than four units on a parcel up to an acre, or at the discretion of the Bradley County Engineer or Bradley County Building Inspector.
Soil - Naturally occurring surface deposits overlying bedrock.
Stockpiling- Temporary storage of
erodible material(s) in a common location.
Stormwater - 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, no person(s) shall perform any stockpiling, clearing,
excavation, or earthwork within the implementation area without first having
obtained the appropriate Land Disturbing Permit.
A
separate Land Disturbance Permit will be required for each and every
individual building permit or manufactured home permit issued in
A
separate Land Disturbance Permit will be required for each phase of a
subdivision development.
This
section explains the procedure for applying for a Land Disturbance Permit
and the process by which the application is reviewed and approved.
This
policy is applicable but is not limited to the following activities:
· Excavating, cutting, filling, grading, draining, or paving or repaving of lots, parcels, or other areas
· Altering, rerouting, deepening, widening, obstructing, or changing in any way an existing drainage system or feature
· Development for: residential, commercial, institutional, industrial, utility or other activities
· Installation of utility extensions and/or replacement either by a utility or a sub contractor
· 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; adversely affect any sinkhole, water course, or water body
All permit applications and reports must be signed. Signatures will be accepted only from property owners and/or the general contractors. If the property owner or general contractor is one of the following, the signatures listed may be accepted:
a) Corporation: a president, secretary, treasurer, or vice-president of the corporation or other person who performs similar policy – or decision-making functions for the corporation.
b) Partnership or sole proprietorship: by general partner or proprietor.
c) Public facility: a principal executive officer or the chief executive officer of the agency or a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency
The
following described activities shall not require a Land
Disturbance Permit in order to perform clearing, excavation, or related
earth work:
· Any emergency activity that is immediately necessary for the protection of life, property, or natural resources.
· Septic repair and/or alteration
· Cemetery graves
· Sanitary landfill or refuse disposal sites controlled by other regulations
· Excavations for wells or tunnels (unless performed on the public right-of way)
· Mining operations controlled by other regulations
· Temporary stockpiling or storing of materials provided that such operations do not affect adjacent properties and all drainage and erosion control requirements. Temporary stockpiling/storage shall be defined as ninety (90) days or less.
· Exploratory excavations/drilling under the direction and/or supervision of a licensed soils engineer or geologist
· 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
· Minor landscaping and sprinkler installation
The
Land
Disturbance Permit exceptions listed in Section 3.2 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.
An
approved site sketch (see
definition) for disturbance is required
for the following activities:
Erecting,
enlarging or altering any residential building or structure with less
than an acre of land disturbance.
The
site
sketch shall contain in addition to such basic information as owner
name and address, date, tax map and parcel number, the following:
· The actual shape, location, and dimensions of the lot to be built upon
· The shape, size and location of all existing and proposed buildings or other structures
· The location and approximate dimension of all points of access to a public street or road
· The location of all driveways and entrances
· Location of areas subject to flooding (if applicable)
An
approved site plan (see
definition) is required for the following activities:
·
Disturbing an acre of land or more
·
Alter the grade of any land as to change the
contours in excess of two (2) feet
·
Construction of any road or streets (public
or private), alleys, sidewalks, curbs, gutters, retaining walls, drain or
sewer, or off street parking lots
·
Changing or diverting the flow of stormwater
or natural water courses
If the site plan is inadequate in detail for stormwater
management, a separate drainage plan will be required. A licensed civil
engineer shall be required to design stormwater systems and plans for
sites.
The site plan shall contain, as a minimum, the following
items or information. (In addition to basic information such as owner name and
address, date, scale, north indication, tax map and parcel number, and etc.).
· Total land area
·
Existing and proposed topography of existing
land and impervious areas shown in five (5) foot intervals (two (2) foot
intervals may be required)
·
Elevations of all existing and proposed
streets, alleys, utilities, sanitary and stormwater sewers, and existing
buildings and structures
·
All existing and proposed impervious areas
·
Natural or artificial watercourses
·
Limits of flood plains (if applicable)
·
Existing and proposed slopes, terraces, or
retaining walls
·
All existing and proposed stormwater drainage
structures or features
·
All stormwater structures/features
immediately upstream and downstream of the site
·
Erosion and siltation control plans
·
Drainage calculations when required
·
Drainage easements when required
If
the proposed land disturbance 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.
If
the proposed land disturbance 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.
If
Site, Drainage, Conceptual Grading, and Erosion Control Plans for the purpose
of obtaining a Land Disturbance Permit are required they shall be submitted to
the Engineering and/or Stormwater Department.
They are to be submitted no less than ten (10) working days prior to the
intended date to begin site alterations. These plans can be submitted to the
Engineering and/or Stormwater Department located at
An
Application for a Land Disturbance Permit shall be submitted along with the
necessary plans.
The
issuance of all other permits is based upon approvals of submitted plans.
All
Site, Drainage, Conceptual Grading, and Erosion Control Plans and
specifications are to be approved by the
A
licensed civil engineer shall be required to design Site, Drainage,
Conceptual Grading, and Erosion Control Plans when required by the
If an
applicant determines that his/her plan has been unjustly disapproved or that
staff has made requests that are considered above and beyond this policy,
he/she may appeal the decision to the Stormwater Administrative Board
appointed by the
Once
the application for a Land Disturbance Permit has been
submitted, along with the plans (if required) and the necessary fees, the
application will be reviewed by the Engineering and Stormwater Department and
upon approval the appropriate permit will be issued.
The necessary fees can be paid and the permit
issued at the Department of Planning, Engineering, Stormwater and Building
Inspections located at 155 Broad Street, NW Cleveland, TN 37311.
The Land Disturbance Permit is valid for
a period of one (1) year from the date of issue. Extensions will be
considered based on the circumstances. Every Land Disturbance Permit shall
expire and become null and void if substantial work authorized by such permit
has not commenced within one hundred eighty (180) calendar days of issuance.
The
Land
Disturbance Permit and copies of the approved drawings are to be
present on site at all times when work is underway. The County’s representative
may ask to see these at any time.
A Land
Disturbance Permit can be suspended or revoked for violation of this or
other related policies, procedure, or County Ordinances or adopted codes. A
Stop Work Order may be issued if work continues after the Land Disturbance Permit
has been revoked. Further action can and will be taken if necessary to insure
compliance with this policy.
The
fee for the Land Disturbance Permit is intended to assist
The
fee schedule for Land Disturbance Permits is as follows:
Application
fee $50.00. (Non-refundable) This
fee will be applied toward the permit issued.
- Building lot – Residential or commercial
1 (one) lot up to or one acre $50.00
Each additional acre disturbed as per site sketch or site plan $25.00
- Subdivision developments – Road
and utility construction, stormwater management related items
Actual
acreage disturbed as per approved site plans $50.00 per acre
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, R.O.W., street, or stream. All erosion and
sedimentation control measures shall conform to the
Storm Water Policy adopted by
The
All
control measures will be approved in the field by the appropriate staff,
typically the Stormwater Inspector, Building Inspector, the County Engineer or
his/her designee, and maintained by the developer, builder or property owner.
The
following control measures should be used as a minimum for erosion
control. Control measures should
implement Best Management Practices (BMPs) referenced in
The smallest practical area of land should be exposed at any one time during
development. Best Management Practices as referenced by the Bradley County
Storm Water Policy should be used to protect exposed areas.
Perimeter erosion and sediment control
measures must be in place and functional before any land disturbance activity begins.
Sites
shall contain a temporary stone construction entrance. The stone shall be ¾ - 3 ½ inch in diameter and shall be kept
clean by adding stone if needed. The
depth shall be a minimum of 6 inches with a width of 20 feet and minimum length
of 50 feet or as per approved site sketch. The property owner or his/her developer or
contractor shall maintain this construction entrance throughout the
construction process.
Sediment
that has escaped the construction site and has collected in the street or
drainage structures must immediately be
physically removed.
Water
Quality Buffer Zones with Vegetative buffers or other protection must
be provided along streams, rivers, lakes and ponds to avoid erosion of banks
and must comply with the Water Quality Buffer Zone Policy.
Stabilization
measures must be performed within seven (7) days in portions of the site where
construction activities have temporarily or permanently ceased, and within
fifteen (15) days after final grading.
Excavated
topsoil to be reused must be stockpiled and encircled with properly installed
silt fencing.
Temporary
furrows, terraces, sediment or debris basins should be installed to prevent
washing and erosion during construction.
Building
and waste materials, and non-storm water discharges, such as concrete, paint
wash water, or machinery leakage or spillage must be managed to prevent them
from entering the stormwater system, ground water or nearby water body.
Erosion
prevention and sediment controls must be inspected before a rain event, weekly
and 24 hours after 0.50” rain event.
The permitee or general contractor shall maintain record of such checks
and repairs. These records must be kept
on-site or in the office of the responsible person and available for review at
any time by County staff. You may use
the Monthly Inspection Report and Certification Form for
Best
Management Practices (BMPs) must be inspected by a person who has received
training and is certified by the Tennessee Department of Environment and
Conservation to inspect and maintain erosion and sediment control practices.
This
policy is adopted by the
Inspection
and enforcement of the conditions described in this policy are the
responsibility of, but not limited to, the Bradley County Engineer, or his/her
designee, the Bradley County Stormwater Department, the Bradley County Building
Inspectors Office, or other person(s) as designated by the County Commission.
Any
stockpiling, clearing, earthwork, excavation, and other land disturbing
activity not meeting the requirements of this policy will be stopped at the
direction of the Bradley County Engineer/Stormwater Administrator, or his/her
designee, the Bradley County Building Inspector, his/her designee, or the
County Mayor, or his/her designee. Such work may not resume until such time
that all provisions are adequately met.
Intentional
or continued violation of this policy is considered a civil penalty under
Section 10 of the Stormwater Management Policy and is punishable according to
the following guidelines:
6.1
ENFORCEMENT
MEASURES
Work
Without a Land Disturbance Permit
First Offense Stop Work Order, Notice
of Violation Issued
If work continues Administrative fine of not less than $50 and
not
more than $5,000 for each day
work continues without permit. Each day of violation shall constitute a
separate violation. (SWMP Section 10)
Fill sites in residential areas In
addition to above, the permit fees are automatically
doubled
Failure
to Install, Maintain or Use Proper Construction Entrance
First Project Offense Written
Warning
Second Offense Notice of Violation issued; Suspension of all County
inspections until violations corrected
Each Additional Offense Administrative
fine per each entrance
point per day
Failure to Clean Up Mud Bill
for three times the cost of County clean up starting on
First Offense
Failure
to Install, Maintain or Use Proper Structural Erosion or Sediment Control
First Project Offense Written
Warning
Second Offense Notice
of Violation, Suspension of all
until Violations
corrected, TDEC notification
Each Additional Offense In
addition to above, Administrative Fine
Civil Penalty, Land Disturbing Permit
Suspension
Failure to Clean Up Discharge Bill
for three times the cost of County clean up starting on
first Offense
Non-Storm
Water Discharges
First Project Offense Notice
of Violation, TDEC Notification
Each Additional Offense Administrative
fine for each violation
Failure
to Conduct Self Inspections and Maintain Inspection Log Including Updating
Erosion Control Plan
First Project Offense Notice
of Violation, Required to submit self-inspection
forms monthly
Each additional Offense Administrative
fine
Failure to submit monthly report
By 10th of next month Administrative fine for each day past 10th
Failure to submit second monthly
Report by 10th of next month Administrative fine Civil Penalty
NOTE: Each day of violation shall constitute a
separate violation and shall be punishable by enforcement measures.
6.2 RESPONSIBILITY for UTILITIES– Locations and Service
Arrangements
Neither
the Land
Disturbance Permit nor the Permit Application address utility services
(public or private). The property owner, developer, excavator, and/or
contractor are solely responsible for notifying any applicable utility
providers of the intent to excavate or commence new construction.
Tennessee
State Law requires that the Tennessee One Call service be utilized for all
excavations. This number is to be called 72 hours prior to the planned
excavation. This number is toll free: 800-351-1111.
The
issuance of a Land Disturbance Permit by
Bradley
(423) 728-7107
Sandra Knight.
Bradley County Stormwater Department
(423) 728-7102
Heath Owens, Stormwater Inspector
(423) 728-7106
Tina Rice, Building Inspector
Don Wyatt, Building Inspector