§ 26-172. Stormwater management plan requirements.

(a)

General requirements.

(1)

The owner or operator of land development activities not exempted under section 26-171 must submit a stormwater management plan.

(2)

No building permit shall be issued until the required stormwater management plan is approved by the department of engineering and public works.

(3)

The stormwater management plan shall include the specific required elements that are listed and/or described in the county stormwater management manual, as amended. Additional information shall be provided as necessary to allow an adequate review of the site conditions.

(4)

Stormwater management plans, including stormwater pollution prevention plans (SWPPP) shall be prepared and stamped by an engineer, landscape architect, or architect competent in civil and site design and licensed to practice in the state with the following conditions:

a.

Portions of the stormwater management plan, including portions of the stormwater pollution prevention plan (SWPPP), that require hydraulic or hydrology calculations and design shall be prepared and stamped by a professional engineer competent in civil and site design and licensed to practice in the state.

b.

The SWPPP shall be prepared and stamped in accordance with the State of Tennessee General NPDES Permit for Discharges of Stormwater Associated with Construction Activities.

c.

All roads and joint permanent easements that are required to be designed and built to public road standards shall be prepared and stamped by a professional engineer competent in civil and site design and licensed to practice in the state.

(5)

The stormwater management plan shall be subject to any additional requirements set forth in the minimum subdivision regulations, zoning ordinance, or other county regulations.

(6)

When existing or documented flooding problems are present, the director has authority to condition the approval of a grading or building permit upon the compliance with additional requirements, including but not limited to detention, conveyance facilities, or other stormwater management solutions required to reduce the adverse impact of the proposed development on other properties or on the subject development.

(b)

Conformity to plans.

(1)

The approved stormwater management plan, upon which subsequent permits may be issued by the county, shall be adhered to during grading and construction activities.

(2)

The approved SWPPP, upon which a notice of coverage under the State of Tennessee General NPDES Permit for Discharges of Stormwater Associated with Construction Activities may be issued by the county, shall be adhered to during grading and construction activities.

(3)

Under no circumstance is the owner or operator allowed to deviate from the approved stormwater management plan or SWPPP without prior approval of a plan amendment by the director.

(4)

The director shall require that an approved stormwater management plan be amended if it is determined that the approved plan is inadequate.

(c)

Additional requirements for grading permits.

(1)

The owner or operator of land development activities not exempted by section 26-171 must obtain a grading permit prior to commencing land disturbing activities.

(2)

Land disturbing activities performed in accordance with the approved plan shall commence within one year from the issue date of the grading permit, or the grading permit will become null and void and the plan must be resubmitted for approval.

(3)

The grading permit application shall contain a SWPPP, prepared in accordance with the State of Tennessee General NPDES Permit for Discharges of Stormwater Associated with Construction Activities. The SWPPP can be included with the overall stormwater management plan or can be a stand-alone plan.

(4)

The SWPPP shall include a listing of any legally protected state or federally listed threatened or endangered species and/or critical habitat (if applicable) located in the area of land disturbing activities, and a description of the measures that will be used to protect them during grading.

(5)

The director may request additional information as deemed necessary to protect streams and adjacent properties from erosion and off-site sedimentation.

(d)

Pre-construction meeting.

(1)

Attendance at a pre-construction meeting with the county department of engineering and public works prior to issuance of a grading permit is required for owners and operators of developments or redevelopments that are:

a.

New subdivisions or condominium developments;

b.

Non-residential land developments that require coverage under the state general NPDES permit for discharges of stormwater associated with construction activities; or

c.

A priority construction activity, as defined in this article.

(2)

Owners and operators of land development activities not listed in subsection (d)(1) may be required to attend a pre-construction meeting when coordination with adjacent construction activities is needed or when conditions indicate a higher than normal risk for pollutant discharges.

(Ord. No. O-07-12-101, § 2(§ 4.2), 1-28-08; Ord. No. O-12-11-102, §§ 2—4, 12-17-12)