Prepared by:
Sandra Knight, P.E.
Bradley
Tina Rice
Building Inspector
And
Heath Owens
Stormwater Technician
Stormwater Advisory Committee:
Jim Williams
Mike Holden
Jim Richmond
John Moore
Ed Taylor
Bill Dailey
Michael Willis
Tom Collins
Scott Lea
Barrett Painter
TABLE OF CONTENTS
PAGE
Section 1. General provisions
…………………………………………………………………. 5
(1) Purpose ……………………………………………………………………………..
5
(2) Administering entity
……………………………………………………………….. 6
Section 2. Definitions
………………………………………………………………………….. 6
Section 3. Land disturbance
permits ........................................
............................………............11
(1) When required
.......................................................
.......................................…..........11
(2) Building permit
.......................................................
.......................................….........12
(3) Exemptions
............................................................…
........................................…......12
(4) Application for a land
disturbance permit............ …......................................…......12
(5) Review and approval of
application .......................
................................................. 14
(6) Permit
duration........................................................
.........................................…..... 14
(7) Notice of
construction................................................ ......................................…....
14
(8) Performance
bonds...................................................... .........................................….
15
Section 4. Waivers
........................................................................ ..............................……….... 16
(1)
General............................................................................ .......................................… 16
(2) Conditions for
waiver..................................................... ..........................................
16
(3) Downstream damage, etc.
prohibited............................
..........................................16
(4) Land disturbance permit
not to be issued where waiver requested....
.......…...... 16
Section 5. Stormwater system
design and management standards ....................... ........…..... 17
(1) Stormwater design or
BMP manual ........................................................ ................ 17
(2) General performance
criteria for stormwater management ............... ................. 17
(3) Minimum control
requirements ............................................................. ................. 18
(4) Stormwater management plan
requirements........................................ .................. 18
(5) Sediment and erosion
control plan requirements ................................ .................. 23
Section 6. Post construction
....................................................................................... .………... 25
(1) As built
plans...............................................................................................… ........... 25
(2) Landscaping and
stabilization requirements.............................................. ..............26
(3) Inspection of
stormwater management facilities....................................... .............. 26
(4) Records of installation
and maintenance activities............................................ .......
26
(5) Failure to meet or
maintain design or maintenance standards................... ............. 27
Section 7. Existing locations
and
developments............................................................... .......... 27
(1) Requirements for all
existing locations and developments............................. ........ 27
(2) Requirements for
existing problem locations
................................................. ......... 28
(3) Inspection of existing
facilities ........................................................................ ......... 28
(4) Corrections of problems
subject to appeal ...................................................... ........ 29
PAGE
Section 8. Illicit
discharges............................................................................................... ........... 29
(1)
Scope............................................................................................................…
............ 29
(2) Prohibition of illicit
discharges..................................................................... ............ 29
(3) Prohibition of illicit
connections.................................................................. ............ 30
(4) Reduction of stormwater
pollutants by the use of best management
practices................................................................................................................ ……... 30
(5) Notification of spills
..................................................................................... ............ 30
Section 9. Enforcement
.............................................................................. ................................. 31
(1) Enforcement authority
............................................................ .................................31
(2) Notification of
violation .............................................................. ............................. 31
(3) Conflicting
standards................................................................... ............................. 32
Section 10. Penalties
...................................................................................... ............................. 32
(1) Violations
.................................................................................... ............................. 32
(2) Penalties
...................................................................................... ............................. 33
(3) Measuring civil
penalties ..........................................................
................................ 33
(4) Recovery of damages and
costs.................................................. .............................. 33
(5) Other
remedies............................................................................ ............................ 34
(6) Remedies cumulative
................................................................. .............................. 34
Section 11. Board of Appeals
………………………………………………………………….34
(1) Board Established ………………………………………………………………….34
(2) Composition; Terms; Filling Vacancies ……………………………………………34
(3) General duties of the Board ……………………………………………………… 35
(4) Election of Officers; Meetings; and Quorum ……………………………………..
35
(5) Variances …………………………………………………………………………. 36
Section 12.
Appeals............................................................................................. ........................ 38
(1) Appeals to be in writing
.................................................................. .........................
38
(2) Public hearing
..................................................................................... ..................... 38
(3) Appealing decisions of the
municipality’s governing body ................................... 38
Section 13. Severability 38
Section 14. Effective Date 38
Appendix A –
Appendix B – Water Quality Buffer Zone Policy
Appendix C – Land
Disturbance Permit Policy
STORMWATER
ORDINANCE
This resolution shall be known as the “Stormwater
Management Policy” for Bradley County, Tennessee. MS4 Permit Section 4.3.4.2
Section 1.
General provisions.
(1). Purpose. It is the purpose of this ordinance
to:
(a) Protect, maintain, and
enhance the environment of Bradley County
and the public health, safety and the general welfare of the citizens of the
county, by controlling discharges of pollutants to the county’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 county.
(b) Enable the
Discharge Elimination System permit (NPDES) and
applicable regulations, 40 CFR '122.26
for stormwater discharges.
(c) Allow Bradley County to
exercise the powers granted in Tennessee
Code Annotated '68-221-1105, which provides that, among other powers
municipalities and counties have with respect to stormwater facilities, is the
power by ordinance or resolution to:
(1) Exercise general
regulation over the planning, location, construction, and operation and
maintenance of stormwater facilities in the municipality, whether or not owned
and operated by the municipality;
(2) 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) Establish standards to
regulate the quantity of stormwater discharged and to regulate stormwater
contaminants as may be necessary to protect water quality;
(4) Review and approve
plans and plats for stormwater management in proposed subdivisions,
re-subdivisions, commercial developments or redevelopments;
(5) Issue permits for
stormwater discharges, or for the construction, alteration, extension, or
repair of stormwater facilities or land disturbing activity;
(6) Suspend or revoke
permits when it is determined that the permittee has violated any applicable
ordinance, resolution, or condition of the permit;
(7) Regulate and prohibit
discharges into stormwater facilities of sanitary, industrial, or commercial
sewage or waters that have otherwise been contaminated; and
(8) Expend funds to
remediate or mitigate the detrimental effects of contaminated land or other
sources of stormwater contamination, whether public or private.
(2). Administering entity. The Bradley County
Engineering & Storm Water Departments shall administer the provisions of
this ordinance.
Section 2. Definitions.
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)
“As
built plans” means drawings depicting
conditions as they were actually constructed.
2)
“Best
management practices” or “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 resolution as if fully set
out therein. [NOTE: See Section 5 subsection (1) for recommended BMP
manuals.]
3) “Certified Erosion Control Contractor” or “Qualified
Contractor” means a person who has received training and is certified by the
Tennessee Department of Environment and Conservation (TDEC) to inspect and
maintain erosion and sediment control practices.
4)
“Channel”
means a natural or artificial watercourse with
a definite bed and banks that conducts flowing water continuously or
periodically.
5)
“Clearing” means any
activity that removes the vegetative surface cover.
6)
“Community
water” means any and all rivers, streams,
creeks, branches, lakes, reservoirs, ponds, drainage systems, springs,
wetlands, wells and other bodies of surface or subsurface water, natural or
artificial, lying within or forming a part of the boundaries of
7)
“Contaminant”
means any physical, chemical, biological, or
radiological substance or matter in water.
8)
“County” means Bradley
County, Tennessee.
9)
“
10)“Design
storm event” means a hypothetical storm event,
of a given frequency interval and duration, used in the analysis and design of
a stormwater facility.
11)“Detention”
means the temporary delay of storm runoff to discharge into the natural
receiving waters.
12)“Developer”
means any individual, firm, corporation, association, partnership, or trust
authorized as an owner, corporate officer to obtain permits, whether federal,
state, or local whose plan or intent is to alter or modify land characteristics
or attributes.
13)“Development”
means any alteration or modification to land, improved or unimproved, including
but not limited to, buildings or other structures, mining, dredging, filling,
grading, paving, excavating, drilling operation, or permanent storage of
materials (“materials” of like nature stored in whole or in part for more than
6 months).
14)“Discharge”
means dispose, deposit, spill, pour, inject,
seep, dump, leak or place by any means, or that which is disposed, deposited,
spilled, poured, injected, seeped, dumped, leaked, or placed by any means
including any direct or indirect entry of any solid or liquid matter into the
municipal separate storm sewer system.
15)“Disturbance”
means any activity that alters the existing ground or vegetative surface cover.
16)“
17)“Easement”
means an acquired privilege or right of use or
enjoyment that a person, party, firm, corporation, municipality or other legal
entity has in the land of another.
18)“Engineer”
or Professional Engineer” means person licensed by the State of
19)“Erosion” means the removal of soil particles by the action of water,
wind, ice or other geological agents, whether naturally occurring or acting in
conjunction with or promoted by anthropogenic activities or effects.
20)
“Erosion Control” means a measure that prevents erosion.
21)“Erosion and sediment
control plan” means a written plan (including
drawings or other graphic representations) that is designed to minimize the
accelerated erosion and sediment runoff at a site during construction
activities. A set of plans prepared by or under the direction of a professional
engineer licensed in the state of
22)“Grading”
means the excavation or fill of material, including the resulting conditions
thereof.
23)“Hotspot” (“priority
area”) means an area where land use or
activities generate or have the potential to generate highly contaminated
runoff, with concentrations of pollutants in excess of those typically found in
stormwater.
24)“Illicit
connections” means illegal and/or unauthorized connections to the municipal
separate stormwater system whether or not such connections result in discharges
into that system.
25)“Illicit
discharge” means any discharge to the municipal separate storm sewer system
that is not composed entirely of stormwater and not specifically exempted under
Section 3(3) of this policy.
26)“Impaired
Waters” means 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.
27)“Land
Disturbance Permit” means a permit issued by
28)“Land disturbing activity” means any activity on property that results in a change in
the existing soil cover (both vegetative and non-vegetative) and/or the
existing soil topography. Land-disturbing activities include, but are not
limited to, development, re-development, demolition, construction,
reconstruction, clearing, grading, filling, excavation, and borrow pits.
29)“Maintenance” means any activity that is necessary to keep a stormwater
facility in good working order so as to function as designed. Maintenance shall
include complete reconstruction of a stormwater facility if reconstruction is
needed in order to restore the facility to its original operational design
parameters. Maintenance shall also include the correction of any problem on the
site property that may directly impair the functions of the stormwater
facility.
30)“Maintenance agreement”
means a document recorded in the land records
that acts as a property deed restriction, and which provides for long-term
maintenance of stormwater management practices.
31)“Municipality”
means any incorporated city or town, county, metropolitan or consolidated
government, or special district of this state empowered to provide storm water
facilities
32)“Municipal separate
storm sewer system (MS4)” means the
conveyances owned or operated by the municipality for the collection and
transportation of stormwater, including the roads and streets and their
drainage systems, catch basins, curbs, gutters, ditches, man-made channels, and
storm drains.
33)“National Pollutant
Discharge Elimination System permit” or “NPDES
permit” means a permit issued pursuant to 33
U.S.C. 1342.
34)“Off-site facility” means a structural BMP located outside the subject property
boundary described in the permit application for land development activity.
35)“On-site facility” means a structural BMP located within the subject property
boundary described in the permit application for land development activity.
36)“Peak flow” means the maximum instantaneous rate of flow of water at a
particular point resulting from a storm event.
37)“Perimeter
Control” means a barrier that prevents sediment from leaving a site by
filtering sediment-laden runoff or diverting it to a sediment trap or basin.
38)“Person” means any and all persons, natural or artificial, including
any individual, firm or association and any municipal or private corporation
organized or existing under the laws of this or any other state or country.
39)
“Phasing” means clearing a parcel of land in distinct phases or planning land
disturbance activities in segments or increments, with the stabilization of
each phase completed before land disturbance of the next phase or segment. Phasing
should be used to minimize the area of exposed erodiable material and is an
erosion control measure that is to be used with each segment of the
construction or land disturbance project.
40) “Priority
area” means “hot spot” as defined in Section 2
#23 of this policy.
41)“Priority
construction activity” means land disturbance activity in the drainage basin of
an impaired stream as defined by the Tennessee Department of Environment and
Conservation 303d list (see MS4 permit
Section 3.1.1.1).
42)
“Retention Pond” means artificial pond used to store or detain stormwater
runoff to allow for settlement of suspended solids and biological treatment.
43)“Runoff” means that portion of the precipitation on a drainage area
that is discharged from the area into the municipal separate stormwater system.
44)“Sediment” means solid material, both mineral and organic, that is in
suspension, is being transported, or has been moved from its site of origin by
air, water, gravity, or ice and has come to rest on the earth's surface either
above or below sea level.
45)
“Sediment Control” means measures that prevent eroded sediment from leaving the
site.
46)“Sedimentation” means soil particles suspended in stormwater that can
settle in stream beds and disrupt the natural flow of the stream.
47)
“Site” means a parcel or a portion of a parcel of land or a contiguous
combination thereof, where grading work is performed as a single unified
operation.
48)“Soils Report” means a study of soils on a subject property with the
primary purpose of characterizing and describing the soils. The soils report
shall be prepared by a qualified soils engineer, who shall be directly involved
in the soil characterization either by performing the investigation or by
directly supervising employees.
49)“Stabilization” means providing adequate measures, vegetative and/or
structural, that will prevent erosion from occurring. The use of practices that
prevent erosion from occurring.
50)“Start
of Construction” means the first land-disturbing activity associated with a
development, including land preparation such as clearing, grading, and filling;
installation of streets and walkways; excavation for basements, footings,
piers, or foundations; erection of temporary forms; installation of accessory
buildings such as garages.
51)“Stormwater” means the waters derived from rainfall or other forms of
precipitation, snow melt runoff, surface runoff, street wash waters related to
street cleaning or maintenance, infiltration and drainage within a tributary
drainage basin, flowing over the surface of the ground or collected in a
stormwater drainage system.
52)“Stormwater management”
means the programs to maintain quality and
quantity of stormwater runoff to pre-development levels taking into
consideration both quantity and quality.
53)“Stormwater management
facilities” means the drainage structures,
conduits, ditches, combined sewers, sewers, and all device appurtenances by
means of which stormwater is collected, transported, pumped, treated or
disposed of.
54)“Stormwater management
plan” means the set of drawings and other
documents that comprise all the information and specifications for the
programs, drainage systems, structures, BMPs, concepts and techniques intended
to maintain or restore quality and quantity of stormwater runoff to
pre-development levels.
55)“Stormwater runoff” means flow on the surface of the ground, resulting from
precipitation.
56)“Stormwater utility” means the stormwater utility created by resolution of the
county to administer the stormwater management ordinance, and other stormwater
rules and regulations adopted by the municipality.
57)“Structural BMPs” means devices that are constructed to provide control of
stormwater runoff.
58)“Surface water” includes waters upon the surface of the earth in bounds
created naturally or artificially including, but not limited to, streams, other
water courses, lakes and reservoirs.
59)“Urbanized
area” means a land area comprising one or more places and the adjacent densely
settled surrounding area that together have a residential population of at
least 50,000 and an overall population density of at least 1,000 people per
square mile as determined by the census.
60)“Watercourse” means a permanent or intermittent stream or other body of
water, either natural or man-made, which gathers or carries surface water,
including, but not limited to lakes, ponds, streams, wet weather conveyance,
and bodies of water delineated by Bradley County.
61)“Watershed” means all the land area that contributes runoff to a
particular point along a waterway.
62)“Waterway”
means a channel that directs surface runoff to a watercourse or to the public
storm drain.
Section 3. Land disturbance permits.
(1). When required.
(a) Every person will be required to obtain a land disturbance
permit from the Bradley County Storm Water office for all land disturbing
activities in accordance with the Bradley County Land Disturbance Permit Policy.
(Appendix C) In addition, a separate permit must be obtained from the
Department of Environment and Conservation for the following cases: (MS4
permit section 4.2.4.1)
1. Land disturbing activity disturbs one (1) or
more acres of land;
2. Land disturbing activity of less than one (1)
acre of land if such activity is part of a larger common plan of development
that affects one (1) or more acre of land;
3. Land disturbing activity of less than one (1)
acre of land, if such activity is located so that any runoff from the site
impacts a stream defined as “impaired waters” or “priority construction
activity” or where the activity poses a unique threat to water, or where public
health and safety should be considered; (MS4 permit section 4.2.4.1.9)
4.
The creation and use
of borrow pits (movement of material for offsite development).
The tracking number
assigned by TDEC will be required to obtain a land disturbance permit.
(2). Building permit. No building permit shall be issued until the
applicant has applied for a land disturbance permit and has read, understood
and initialed the Erosion Control Pre-Construction Checklist. (Appendix C)
(3). Exemptions. The following activities are exempt from the permit
requirement:
(a) Any emergency activity that is immediately
necessary for the protection of life, property, or natural resources.
(b) Existing nursery and
agricultural operations conducted as a permitted main or accessory activity
under the State of Tennessee NPDES program.
(c) Any agricultural
activity that is consistent with an approved farm conservation plan or a timber
management plan prepared or approved by the USDA Natural Resources Conservation
Service.
(d) Others as addressed in
the Land
Disturbance Permit Policy
(4). Application for a land disturbance permit shall be in accordance
with the Land Disturbance Permit Policy.
(a) Each application shall include the following:
(1) Name of applicant;
(2) Business or residence
address of applicant;
(3) Name, address and
telephone number of the owner of the property of record in the office of the
assessor of property;
(4) Address and legal
description of subject property including the tax reference number and parcel
number of the subject property;
(5) Name, address and
telephone number of the contractor and any subcontractor(s) who shall perform
the land disturbing activity and who shall implement the erosion and sediment
control plan;
(6) A statement indicating the nature, extent and
purpose of the land disturbing activity including the size of the area for
which the permit shall be applicable and a schedule for the starting and
completion dates of the land disturbing activity.
(7) The drainage basin and receiving waters to
identify the frequency of MS4 inspections. (MS4 permit section 4.2.4.1.9)
(8) Where the property includes a sinkhole and/or
waters defined as “state waters” or a “blue line stream,” and the proposed land
disturbance activity will alter or impact state waters, the applicant shall
obtain from the Tennessee Department of Environment and Conservation
appropriate permits or authorization to proceed prior to the issuance of a land
disturbing permit under authority of this ordinance. (MS4 rational D-3)
(9) The applicant shall
obtain from any other state or federal agency any other appropriate
environmental permits that pertain to the property. However, the inclusion of
those permits in the application shall not foreclose Bradley County from
imposing additional development requirements and conditions, commensurate with
this ordinance, on the development of property covered by those permits.
(b) Each application shall be accompanied by:
(1) A
sediment and erosion control plan as described in Section 5(5)of this Policy.
(2) A stormwater management
plan as described in Section 5(4) of this Policy, providing for
stormwater management during the land disturbing activity and after the
activity has been completed.
(3) Each application for a land disturbance permit
shall be accompanied by payment of land disturbance permit fee as outlined in
the Land Disturbance Permit Policy and other stormwater management fees as
applicable.
(4) Each application shall contain the NOI Tracking
# assigned by the TDEC review office.
(5). Review and approval of application.
(a) The Bradley County Engineering/Storm Water staff
will review each application for a land disturbance permit to determine its
conformance with the provisions of this ordinance. Within 14 days after
receiving an application, the Bradley County Engineering/Storm Water staff
shall provide one of the following responses in writing:
(1) Approval of the permit
application;
(2) Approval of the permit
application, subject to such reasonable conditions as may be necessary to
secure substantially the objectives of this ordinance, and issue the permit
subject to these conditions (Bradley County in accordance with the Phase II MS4
General Permit will hold County permit approvals in abeyance until state
coverage under the NPDES permit program is applied for by the applicant and a
NOI tracking number is received)(MS4 Rational D-3); or
(3) Denial of the permit
application, indicating the reason(s) for the denial. Permit denials may be
appealed to the Stormwater Administrative Board.
(b) If the Bradley County
Engineering/Storm Water Office has granted conditional approval of the permit,
the applicant shall submit a revised plan that conforms to the conditions
established by Bradley County. However, the applicant may be allowed to proceed
with his land disturbing activity so long as it conforms to conditions
established by the Bradley County.
(c) No development plans
will be released until the land disturbance permit has been approved.
(6). Permit duration.
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 guidelines of the Land Disturbance Permit Policy
shall be followed.
(7). Notice of construction.
The applicant must notify the
Bradley County Engineering/Storm Water office ten (10) working days in
advance of the commencement of construction. All erosion prevention and sediment control measures shall be installed
and approved before any land disturbing activity begins. Regular inspections
of the stormwater management system for the construction will be conducted by
the Bradley County Engineering/Storm Water personnel. The applicant shall maintain
and provide regular inspection reports of the applicants site development and
construction. All inspections and reports shall be conducted and submitted by a
Certified Erosion Control Contractor or
Qualified Contractor. All inspections shall be documented and written
reports prepared that contain the following information:
(1) The date and location
of the inspection;
(2) Whether construction is
in compliance with the approved stormwater management plan;
(3) Variations from the
approved construction specifications;
(4) Any violations that
exist.
(8). Performance bonds.
(a) The Bradley County Engineering/Storm Water
office may, at its discretion, require the submittal of a performance security,
performance bond or undated Letter of Credit prior to issuance of a
permit in order to ensure that the stormwater practices are installed by the
permit holder as required by the approved stormwater management plan. The
amount of the installation performance security, or performance bond,
or undated letter of credit shall be the total estimated construction cost
of the structural BMPs approved under the permit plus 25% for any
reasonably foreseeable additional related costs, e.g., for damages or
enforcement. The performance security shall contain forfeiture provisions for
failure to complete work specified in the stormwater management plan. The applicant shall provide
an itemized construction cost estimate complete with unit prices which
shall be subject to acceptance, amendment or rejection by the Bradley County
Engineering/Storm Water office. Alternatively the Bradley County Engineering/Storm Water office shall
have the right to calculate the cost of construction cost estimates.
(b) The performance security, performance bond or
undated letter of credit shall be in force at all times and shall be released
in full only upon submission of as-built plans and written certification by a
registered professional engineer licensed to practice in Tennessee that the
structural BMP has been installed in accordance with the approved plan and
other applicable provisions of this ordinance. The Bradley County Engineering/Storm
Water will make a final inspection of the structural BMPs to ensure that they
are in compliance with the approved plan and the provisions of this ordinance.
Section 4. Waivers.
(1). General. Every applicant shall provide for stormwater management as
required by this ordinance, unless a written request is filed to waive this
requirement. Requests to waive the stormwater management plan requirements
shall be submitted to the Bradley County Engineering/Storm Water office for
approval.
(2). Conditions for waiver. The minimum requirements for stormwater management may be waived in whole or in part upon