(a) All land disturbing, construction or construction support activities that cause off-site sedimentation or sediment discharges to the municipal separate storm sewer system or waters of the state shall be in violation of this chapter.
(b) No owner or operator of any property within the city shall commence land disturbing activities unless he has obtained all applicable federal, state and city permits.
(c) The issuance of either QLP Permit coverage or a Grading Permit shall be conditioned upon the approval of all plan requirements, for the applicable permit, by the Public Works Director. The city shall serve as the plan approval agency only, and in no instance are its regulations construed as designing the stormwater pollution prevention plan or other stormwater systems.
(d) No building permit shall be issued until the owner or operator has obtained either QLP Permit coverage or a Grading Permit and is in compliance with the permit, where the same is required by this chapter.
(e) All land disturbing activities shall employ adequate erosion and sediment control best management practices.
(f) Federal and state agencies (e.g. Tennessee Valley Authority and Tennessee Department of Transportation) are required by TDEC to obtain their Permit for stormwater runoff from construction sites from TDEC. In those instances, the federal and state agencies are required to obtain a Grading Permit (regardless of the size of the disturbed area) from the City of Cookeville as well as their Construction General Permit from TDEC so that City requirements and approvals are also met.
(2) Exemptions from plans submittal. The following activities shall not require submittal and approval of a stormwater pollution prevention plan, a small lot erosion and sediment control plan, or a Grading Permit:
(a) For single family residence construction resulting in less than one acre of disturbed area a grading permit will not be required in addition to the Building Permit unless the proposed construction is part of a larger common plan of development. Such construction shall remain responsible for controlling erosion and for protecting adjacent properties and drainage facilities from sedimentation in accordance with these regulations.
(b) Minor land disturbing activities such as home gardens and individual home landscaping, repairs or maintenance work that are less than one acre and are not part of a larger common plan of development;
(c) Additions or modifications to existing, individual, single-family structures that are less than one acre and are not part of a larger common plan of development;
(d) Emergency work to protect life, limb or property, and emergency repairs, provided that the land area disturbed shall be shaped and stabilized in accordance with the requirements of this chapter;
(e) Existing nursery and agricultural operations conducted as a permitted main or accessory use;
(f) State and federal projects subject to the submission requirements of TDEC; and
(g) Public utility installations, less than one acre in disturbed area, as follows: lateral sanitary sewer lines, water lines, storm sewer lines, telephone lines, cable television lines, electrical lines and gas lines. Although exempt, public agencies are required to notify the public works department prior to starting any construction and to submit plans, if requested, to allow coordination with other activities.
(3) All other provisions of this chapter shall apply to the exemptions noted in subsection (2) above.
(4) Responsibility not waived. Although the activities listed in § 14-502 (2) may be undertaken without a permit, the persons conducting these excluded activities shall remain responsible for controlling erosion and for protecting adjacent properties and drainage facilities from sedimentation in accordance with the provisions of these regulations.
(5) Hazardous conditions must be rectified. Whenever the Building Official or the Public Works Director, or his designee, is made aware of and determines that any existing land condition or exposed surface created or caused by means of clearing, earthwork or other land disturbing activity has:
(a) Become a hazard to life and limb;
(b) Endangered property;
(c) Affected the safety, use or stability of a public way or drainage channel, or
(d) Caused erosion, the owner, upon receipt of notice in writing from the Building Official or Public Works Director, or his designee, shall rectify or eliminate the stated hazardous condition within the time period specified therein to bring the property into conformance with the requirements with these regulations.
It shall be a violation of these regulations for the owner to fail to eliminate the hazardous condition within that time.
(6) Soil Engineering Report. A soil engineering report will be required if deemed necessary by the owner's architect, landscape architect, or civil engineer. A soil engineering report may also be required by either the Public Works Director or the Building Official. This report will include data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures and design criteria for corrective measures when necessary, and opinions and recommendations covering the adequacy of sites to be developed by the proposed grading.
(7) Engineering Geology Report. An engineering geology report shall be required if deemed necessary by the owner's architect, landscape architect or civil engineer. An engineering geology report may also be required by either the Public Works Director or the Building Official. This report will include adequate description of the geology of the site, conclusions and recommendations regarding the effect of geological conditions of the proposed development, and opinions and recommendations covering the adequacy of sites to be developed by the proposed grading.
(8) Federal and State Permits. Approval by the City of Cookeville does not relieve the applicant of responsibility for obtaining any permits required by the U.S. Army Corps of Engineers, Tennessee Department of Environment and Conservation - Division of Water Resources, Region IV of the U.S. Environmental Protection Agency, or by any other federal or state agencies. Following is a non-inclusive list of permits that may be required:
(a) U.S. Army Corps of Engineers. Section 301 of the Clean Water Act prohibits the discharge of dredged or fill materials into waters of the United States unless the work has been previously authorized by a permit pursuant to Section 404 of the same Act. Placement of dredged or fill material below ordinary high water of any water in conjunction with drainage improvements (e.g., channel realignments, concrete slope paving) will require a Department of the Army permit prior to construction.
The placement of dredged or fill material or any grading activities within a wetland must also be in compliance with Section 404 of the Clean Water Act.
If a permit is required, approximately sixty (60) days would normally be required for permit processing. Depending on the nature and location of the work, it is possible that the work has been previously approved under authority of the nationwide permit and individual processing would not be required.
(b) Tennessee Department of Environment and Conservation - Division of Water Resources. In accordance with the Tennessee Water Quality Act, Tennessee Code Annotated, § 69-3-108, any activity which alters a course or physical character of a stream, requires an Aquatic Resource Alteration Permit (ARAP). This permit is required for activities such as stream channelization, stream enlargement, dredging, or diversion in box culverts.
(9) Adoption of Standards.
(a) The design, installation, operation, maintenance, inspection, record keeping and reporting of construction site runoff best management practices intended for erosion prevention and the control of sediment and other construction related wastes or pollutants shall be performed in accordance with the requirements of the Tennessee Construction General Permit that is effective at the time the stormwater pollution prevention plan is approved. Where the provisions of this section conflict or overlap with the Tennessee Construction General Permit or the Tennessee Erosion & Sediment Control Handbook, the regulation which is more restrictive or imposes higher standards or requirements shall prevail.
(b) The City adopts as its erosion and sediment control design standards and best management practices manual the Tennessee Erosion & Sediment Control Handbook which is incorporated herein by reference. This handbook includes a list of acceptable BMPs, including the specific design performance criteria, operation and maintenance requirements for each BMP.
(c) The requirements set forth in the Tennessee Construction General Permit and in the handbook may be updated and expanded at the discretion of the Public Works Director, based on improvements in engineering, science, monitoring and local maintenance experience.
(d) Erosion and sediment control BMPs that are designed, constructed and maintained in accordance with the BMP criteria set forth in the Tennessee Construction General Permit and the handbook shall be presumed to meet the minimum water quality performance standards required by the city.
(e) Additional requirements for discharges into impaired or exceptional Tennessee waters that are set forth in the Tennessee Construction General Permit shall be implemented for all priority construction activities. The Public Works Director, at his discretion, may require BMPs that conform to a higher than minimum standard for priority construction activities, or for exceptional Tennessee waters or where deemed necessary.
(10) Stormwater Pollution Prevention Plan (SWPPP).
(a) The SWPPP is required for obtaining QLP Permit coverage for sites with a disturbed area greater than one acre. A SWPPP shall present in detail the best management practices that will be employed to minimize erosion and control sedimentation.
(b) The plan shall be sealed in accordance with the Tennessee Construction General Permit.
(c) Best management practices presented in the plan shall conform to the requirements found in the Tennessee Erosion & Sediment Control Handbook, and shall meet or exceed the requirements of the Tennessee Construction General Permit.
(d) The plan shall include measures to protect legally protected state or federally listed threatened or endangered aquatic fauna or flora or critical habitat (if applicable).
(e) The plan submitted shall be subject to any additional requirements set forth in the city's subdivision regulations, zoning ordinance, erosion and sediment control policy and any other applicable city regulations.
(f) Riparian buffer zones shall meet the requirements both in accordance with the Tennessee Construction General Permit and with the Buffer Zone Ordinance for the City of Cookeville.
(g) Construction of the site in accordance with the approved plan must commence within one year from the approval date of the stormwater pollution prevention plan, or the stormwater pollution prevention plan will become null and void and the plan must be resubmitted for approval.
(h) Stormwater pollution prevention plans shall include the components required by the Tennessee Construction General Permit and any other information deemed necessary by the Public Works Director. See the Erosion and Sediment Control Policy for additional plan requirements.
(11) Small lot erosion and sediment control plan contents.
(a) Land disturbing activities that affect less than one acre and are not exempt from obtaining a Grading Permit, shall submit and obtain approval of a small lot erosion and sediment control plan and obtain a Grading Permit prior to obtaining a building permit.
(b) The plan shall include such information as may be required by the Public Works Director consistent with this chapter. See the Erosion and Sediment Control Policy for additional plan requirements.
(c) The Public Works Director has the discretion to require a fully engineered stormwater pollution prevention plan. (Ord. #O13-01-01, January 2013, as amended by Ord. #O18-01-01, March 2018, and by Ord. #O24-06-18, July 2024)