APPENDIX B

WATER QUALITY BUFFER ZONE POLICY

Water Quality Buffer Zone Policy

Section I - Description

A water quality buffer zone is a strip of undisturbed native vegetation, either original or re-established, that borders streams and rivers, ponds and lakes, wetlands, and seeps. Buffers zones are most effective when stormwater runoff is flowing into and through the buffer zone as shallow sheet flow, rather than in concentrated form such as in channels, gullies, or wet weather conveyances. Therefore, it is critical that the design of any development include management practices, to the maximum extent practical, that will result in stormwater runoff flowing into and through the buffer zone as shallow sheet flow.

Buffer zones protect the physical and ecological integrity of water bodies from surrounding upland activities in the following ways:

· filtering excess amounts of sediment, organic material, nutrients and other chemicals;

· providing flood protection;

· reducing storm runoff velocities;

· protecting channel bank areas from scour and erosion;

· providing shade for cooling adjacent water; which allows waters to hold a greater level of dissolved oxygen; and

· providing leaf litter and large woody debris important to aquatic organisms.

Section II – Intent

The intent of this policy is to protect and maintain the native vegetation in riparian areas by implementing specifications for the establishment, protection and long-term maintenance of water quality buffers zones along all intermittent and perennial stream waterways and wetlands, in or adjacent to new development and significant redevelopment within our jurisdictional authority. This policy serves to clarify the requirements for streamside water quality buffers.

Section III - Design Standards for Water Quality Buffer Zones

A water quality buffer zone is required along all perennial and intermittent stream waterways and wetlands as identified on a 7.5-minute USGS quadrangle map, or as determined by the Tennessee Department of Environment and Conservation. The buffer width shall be calculated as follows:

A) In areas where a floodway profile has been computed as part of an approved flood study, the buffer zone shall be the width of the floodway plus at least fifty (50) feet perpendicular from the edge of the floodway on each side of the waterway, or one hundred (100) feet perpendicular from the top of bank on each side of the waterway, whichever is greater.

B) In areas where a floodway profile has not been computed as part of an approved flood study, the buffer zone shall be at least fifty (50) feet perpendicular from the top of bank on each side of the waterway.

C) When delineated wetland or critical areas extend beyond the edge of the required buffer zone width, the buffer zone shall be adjusted so that the buffer zone consists of the extent of the delineated wetland plus 25 feet extending perpendicular beyond the wetland edge.

Water quality buffer zone width adjustment:

A) If there are 15% to 24% slopes which are within the required buffer zone width, the buffer width must be adjusted to include an additional 20 feet.

B) If there are 25% or greater slopes which are within the required buffer zone width, the buffer width must be adjusted to include an additional 50 feet.

C) If the adjacent land use involves drainfields from on-site sewage disposal and treatment system (i.e., septic systems), subsurface discharges from a wastewater treatment plant, or land application of biosolids or animal waste, the buffer zone width must be adjusted to include an additional 50 feet.

D) If the land use or activity involves the storage of hazardous substances or petroleum facilities, the buffer zone width must be adjusted to include an additional 100 feet.

E) If the land use or activity involves raised septic systems or animal feedlot operations, the buffer zone width must be adjusted to include an additional 200 feet.

F) If the land use or activity involves solid waste landfills or junkyards, the buffer zone width must be adjusted to include an additional 250 feet.

Section III - Water Quality Buffer Zone Management and Maintenance

The function of the water quality buffer zone is to protect the physical and ecological integrity of the waterway, to reduce flooding potential, and to filter runoff from residential and commercial development. The buffer zone vegetative target is undisturbed native vegetation.

A) Management of the water quality buffer zone includes specific limitations on alteration of the natural conditions. The following practices and activities are restricted within the water quality buffer zone, except with prior approval by the Bradley County Engineering/Stormwater Department:

1) Clearing or grubbing of existing vegetation;

2) Soil disturbance by grading, stripping, or other practices;

3) Filling or dumping; and

4) Use, storage, or application of pesticides, herbicides, and fertilizers.

B) The following structures, practices, and activities are permitted in the water quality buffer zone, subject to the prior approval of the Bradley County Engineering/Stormwater Department and the following specific design or maintenance features:

1) Stream crossings, paths, and utilities

a) An analysis needs to be conducted to ensure that no economically feasible alternative is available;

b) The right of way should be the minimum width needed to allow for maintenance access and installation;

c) The angle of a crossing shall be perpendicular to the stream or buffer in order to minimize clearing requirements;

d) The minimum number of crossings should be used within each development, and no more than one crossing is allowed for every 1,000 linear feet of buffer zone. Where possible, the design of roadways and lots within a development should be aligned such that all streams are either to the rear or the side of individual lots, never along the front. The requirements in Section 5(4)(b)(10) of The Bradley County Stormwater Management Policy shall be followed for the placement of structures.

2) Individual trees within the water quality buffer zone may be removed if in danger of falling, causing damage to dwellings or other structures, or causing blockage of the stream. The root wad or stump should be left in place, where feasible, to maintain soil stability.

C) All final site development plans and plats prepared for recording shall:

1) Show the extent of any water quality buffer zone on the subject property by metes and bounds and be labeled as “Water Quality Buffer Zone”;

2) Provide a note to reference any water quality buffer zone stating, "There shall be no clearing, grading, construction or disturbance of soil and/or native vegetation except as permitted by the Bradley County Engineering/Stormwater Department"; and

3) Provide a note to reference any protective covenants governing all water quality buffer zones stating, "Any water quality buffer zone shown hereon is subject to protective covenants which may be found in the land records and which restrict disturbance and use of these areas."

D) All water quality buffer zones must be protected during development activities. Prior to the initiation of development activities, ensure adequate visibility of the water quality buffer zones by staking and flagging. Permanent boundary markers, in the form of signage approved by the Bradley County Engineering/Stormwater Department, shall be installed prior to the completion of the development activities.

E) Streambanks and other areas within the water quality buffer zone must be left in a stabilized condition upon completion of the development activities. The vegetative condition of the entire streamside water quality buffer must be monitored, and landscaping or stabilization performed to repair erosion, damaged vegetation, or other problems identified. Only native vegetation may be used in conjunction with stabilization activities. A guide to selecting native vegetation can be found at www.tva.com/river/landandshore/stabilization/plantsearch.htm .,

All landscaping or stabilization activities within the water quality buffer zone must have prior approval by the Bradley County Engineering/Stormwater Department. In addition, performing work in and around waters of the state may require coverage under a state and possibly a federal permit. Contact the nearest Tennessee Department of Environment and Conservation, Division of Water Pollution Control environmental assistance center for more information on whether a proposed activity requires a permit.

F) All water quality buffer zones shall be maintained through a declaration of protective covenant, which is required to be submitted for approval by the Bradley County Engineering/Stormwater Department. The covenant shall be recorded in the land records and shall run with the land and continue in perpetuity.

G) All lease agreements must contain a notation regarding the presence and location of protective covenants for water quality buffer zones, and which shall contain information on the management and maintenance requirements for the water quality buffer zones for the new resident.

Section IV - Waivers/Variances

A) This water quality buffer zone policy shall apply to all proposed development except for a development which prior to the effective date of this ordinance:

1) Is covered by a valid, unexpired plat in accordance with development regulations;

2) Is covered by a current, executed public works agreement;

3) Is covered by a valid, unexpired building permit; or

4) Has been granted a waiver in accordance with current development regulations.

B) The Bradley County Engineering/Stormwater Department may grant a variance for the following:

1) Those projects or activities where it can be demonstrated that strict compliance with the ordinance would result in practical difficulty or financial hardship; or

2) Those projects or activities serving a public need where no feasible alternative is available; or

3) The repair and maintenance of public improvements where avoidance and minimization of adverse impacts to wetlands and associated aquatic ecosystems have been addressed.

C) Waivers for development may also be granted in two additional forms, if deemed appropriate by the Bradley County Engineering/Stormwater Department:

1) The water quality buffer zone width may be relaxed and permitted to become narrower at some points as long as the width is not reduced to less than (35) feet perpendicular from the top of bank, and the overall average width of the buffer meets the minimum requirement.

2) The Engineering/Stormwater Department may offer credit for additional density elsewhere on the site in compensation for the loss of developable land due to the requirements of this ordinance. This compensation may increase the total number of dwelling units on the site up to the amount permitted under the base zoning.

D) The applicant shall submit a written request for a variance to the Bradley County Engineering/Stormwater Department. The application shall include specific reasons justifying the variance and any other information necessary to evaluate the proposed variance request. The Bradley County Engineering/Stormwater Department may require an alternative analysis that clearly demonstrates that no other feasible alternatives exist and that minimal impact will occur as a result of the project or development.

E) When considering a request for a variance, the Bradley County Engineering/Stormwater Department may require additional information such as, but not limited to, site design, landscape planting, fencing, the placement of signs, and the establishment of water quality best management practices in order to reduce adverse impacts on water quality, streams, and wetlands.

Section V - Conflict with Other Regulations

Where the standards and management requirements of this buffer ordinance are in conflict with other laws, regulations, and policies regarding streams, steep slopes, erodible soils, wetlands, floodplains, timber harvesting, land disturbance activities or other environmental protective measures, the more restrictive requirements shall apply.