(A) When required.
(1) Every person disturbing less than one acre of land and not part of a larger development must address land disturbance permit as a part of their building permit. Any land disturbance less than 4,000 square feet is exempt. The individual will be required to follow the policy on disturbances less than one acre and not part of a larger common plan of development.
(2) Every person disturbing more than one acre of land or if the site is part of a larger common plan of development will be required to obtain a land disturbance permit from the city. The individual will be required to follow the storm water regulations and the policy for disturbances greater than one acre of land or if the site is part of a larger common plan of development.
(B) Building permit. No building permit shall be issued until the applicant has obtained a land disturbance permit where the same is required by this chapter.
(C) Exemptions. The following activities are exempt from the permit requirement:
(1) Any emergency activity that is immediately necessary for the protection of life, property or natural resources;
(2) Existing nursery and agricultural operations conducted as a permitted main or accessory use; and
(3) Any logging or 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) Application for a land disturbance permit.
(1) Each application less than an acre and greater than 4,000 square feet shall include all of the information on the application as mandated by the city.
(2) Each application of one acre or larger shall include:
(a) A copy of TDEC Notice of Intent (NOI) § 4(3)with a TDEC tracking number;
(b) A Storm Water Pollution Prevention Plan (SWPPP) § 4(2), providing for storm water management during the land disturbing activity and after the activity has been completed; and
(c) Each application for a land disturbance permit shall be accompanied by payment of land disturbance permit and other storm water management fees, which shall be established by the city.
(E) Review and approval of application.
(1) The city will review each application for a land disturbance permit to determine its conformance with the provisions of the chapter. Within 30 days after receiving an application, the city shall provide one of the following responses in writing:
(a) Approval of the permit application;
(b) Approval of the permit application, subject to reasonable conditions as may be necessary to secure substantially the objectives of this chapter and issue the permit subject to these conditions; or
(c) Denial of the permit application, indicating the reason(s) for the denial.
(2) If the city has granted conditional approval of the permit, the applicant shall submit a revised plan that conforms to the conditions established by the city. However, the applicant shall be allowed to proceed with his or her land disturbing activity so long as it conforms to conditions established by the city.
(F) Permit duration. Every land disturbance permit shall expire and become null and void within one year of issuance. Extensions may be requested.
(G) Notice of construction. The applicant must notify the city in advance of the commencement of construction. Regular inspections of the storm water management system construction may be conducted by the city.
(H) Performance bonds.
(1) The city may, at its discretion, require the submittal of a performance security, performance bond or irrevocable letter of credit prior to issuance of a permit in order to ensure that the storm water practices are installed by the permit holder as required by the approved storm water management plan. The amount of the installation performance security or performance bond shall be the total estimated construction cost of the structural BMPs approved under the permit plus any reasonably foreseeable additional related costs (e.g., for damages or enforcement) [or plus a certain percentage of the total estimated costs]. The performance security shall contain forfeiture provisions for failure to complete work specified in the storm water 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 city. Alternatively, the city shall have the right to calculate the cost of construction cost estimates.
(2) The performance security, performance bond or irrevocable letter of credit shall be released once final stabilization has been achieved.
(I) Easement to property. The city has the right to ingress and egress on project site to inspect, enforce and mitigate on the site.
(Ord. 1167, passed 4-24-2008)