Legal Documents of Gatlinburg

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. "Agricultural operations." Activities related to the production of goods through the growing of plants and/or animals.
2. "As built plans." A drawing that depicts the site conditions as they were actually constructed.
3. "Authority." The department created by the city to administer the provisions of this ordinance.
4. "Borrow pits." Areas where material is excavated and relocated offsite, and fill sites where materials or earth is deposited by mechanized methods resulting in an increase in elevation or grade.
5. "Best Management Practices or BMPs." Physical, structural, and/or managerial practices that, when used singly or in combination, prevent or reduce pollution of water, that have been approved by the City of Gatlinburg, and that have been incorporated by reference into this ordinance as if fully set out therein.
6. "Blue line stream." Any stream, creek, lake, pond, or other body of water shown as a blue line on a 7.5 minute USGS quadrangle map, or as determined by TDEC.
7. "Buffer zone." A strip of undisturbed perennial native vegetation, either original or re-established, that borders streams and rivers, ponds and lakes, wetlands and seeps. Buffer zones are established for the purposes of slowing water runoff, enhancing water infiltration, and minimizing the risk of any nutrients or pollutants from leaving the upland area and reaching surface waters.
8. "Buffer" means, as used in this ordinance, an area parallel to the top of the bank of a stream, river, creek, pond, lake, or other body of water and which runs along the length or circumference of a body of water for the purpose of protecting a body of water from non-point source pollutants, including eroding soils.
9. "Channel" means a natural or artificial watercourse with a definite bed and banks that conducts flowing water continuously or periodically.
10. "Clearing." Typically refers to the removal of vegetation and disturbance of soil prior to grading or excavation in anticipation of construction activities. Clearing may also cover a wide variety or uses, many of which may not be regulated within the scope of stormwater management.
11. "Common plan of development or sale." This term is broadly defined as any announcement or documentation (including a sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning request, computer design, etc.) or physical demarcation (including boundary signs, lot stakes, survey markings, etc.) indicating construction activities may occur on a specific plot. A common plan of development or sale identifies a situation in which multiple areas of disturbance are occurring on contiguous areas. This applies because the activities may take place at different times, on different schedules, by different operators.
12. "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 the City of Gatlinburg.
13. "Contaminant" means any physical, chemical, biological, or radiological substance or matter in water.
14. "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.
15. "Diameter-at-Breast-Height (DBH)" means the diameter, in inches, of a tree trunk as measured four and one-half feet (4 1/2') above the ground. If the tree splits into multiple trunks below four and one-half feet (4 1/2'), the trunk is measured at its most narrow point beneath the split. Diameter-at-breast-height is used as a measurement standard for relatively large trees.
16. "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.
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. "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.
19. "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.
20. "Exceptional and mature tree" means a tree consistent with one (1) of the following characteristics:
    
    1. Any hardwood tree which has a DBH of ten inches (10") or greater, any evergreen tree which has a DBH of fifteen inches (15") or greater, and/or any Dogwood (Ornus florida) or Redbud (Ceris canadensis) which has a caliper of more than four inches (4");
    2. Any specimen tree; and
    3. Any public tree.

21. "Hotspot (priority area)" means an area where land use or activities may generate highly contaminated runoff with concentrations of pollutants in excess of those typically found in stormwater. Hotspots include, but are not limited to: garages, repair shops, junk yards, detailing shops, car wash waste water, restaurants (where grease traps are maintained), commercial properties

    with large paved parking areas, factories, retail facilities, manufacturing plants, storage lots, maintenance areas, sanitary waste water, effluent from septic tanks and alternative sewer systems, carpet cleaning waste water, laundry waste water/gray water and household toxics;

22. "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.
23. "Illicit discharge" means any discharge to the municipal separate storm sewer system that is not composed entirely of stormwater and not specifically exempted under § 18-403.
24. "Improved sinkhole." A natural surface depression that has been altered in order to direct fluids into the hole opening. Improved sinkhole is a type of injection well regulated under the Underground Injection Control (UIC) program. Underground injection constitutes an intentional disposal of waste waters into natural depression, open fractures, and crevices (such as those commonly associated with weathering limestone).
25. "Land-disturbing activity" means any activity on property that result 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, and excavation.

26. "Linear project." A land disturbance activity as conducted by an underground/overhead utility or highway department, including but not limited to any cable line or wire for transmission of electrical energy; and conveyance pipeline for transportation of gaseous or liquid substance; any cable line or wire or communications, or any other energy resource transmission ROW or utility

    infrastructure, e.g., roads and highways. Activities include the construction and installation of these utilities within a corridor. Linear project activities also include the construction of access roads, staging areas, and borrow/spoil sites associated with the linear project. Land disturbance specific to the development of residential and/or commercial subdivision or high-rise structures is not considered a linear project.

27. "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.
28. "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.
29. "Manager or inspector." The person appointed by the city to lead the authority.
30. 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, storm drains, and all other outfall points into community waters.
31. "National Pollutant Discharge Elimination System permit or NPDES permit" means a permit issued pursuant to 33 U.S.C. 1342. Nursery means a place where young trees or other plants are raised for transplanting, for sale, or for experimental study.
32. "Off-site facility" means a structural BMP located outside the subject property boundary described in the permit application for land development activity.
33. "On-site facility" means a structural BMP located within the subject property boundary described in the permit application for land development activity.
34. "Peak flow" means the maximum instantaneous rate of flow of water, at a particular point, that results from a storm event.
35. "Person or owner" 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.
36. "Priority area" means hot spot as defined herein.
37. "Quality assurance site assessment." A documented site inspection to verify the functionality and performance of the SWPPP and for determining if construction, operation and maintenance accurately comply with permit requirements, as presented in the narrative, engineering specification, maps, plans, drawing, and details for erosion prevention, sediment control and stormwater management.
38. "Runoff" means that portion of the precipitation on a drainage area that is discharged from the area into the municipal separate stormwater system.
39. "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.
40. "Sedimentation" means soil particles suspended in stormwater that can settle in streambeds and disrupt the natural flow of the stream.
41. "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.
42. "Stabilization" means providing adequate measures, vegetative and/or structural, that will prevent erosion from occurring.
43. "Steep slope." A natural or created slope of thirty percent (30%) grade or greater.
44. "Stormwater" means stormwater runoff, snow melt runoff, surface runoff, street wash waters related to street cleaning or maintenance, infiltration and drainage.
45. "Stormwater management" means the programs to maintain quality and quantity of stormwater runoff to pre-development levels.
46. "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.
47. "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.
48. "Stormwater Pollution Prevention Plan (SWPPP)." A written plan that includes site map(s) identifying construction/contractor activities that could cause pollutants in stormwater runoff, and a description of the measures or best management practices to be used to prevent and control pollution from the site.
49. "Stormwater runoff" means the flow on the surface of the ground, resulting from precipitation.
50. "Stormwater utility" means the public works department of the city to administer the stormwater management ordinance, and other stormwater rules and regulations adopted by the municipality.
51. "Structural BMPs" means devices that are constructed to provide control of stormwater runoff.
52. "Surface water" includes waters upon the surface of the earth in bounds created naturally or artificially including, but not limited to, streams, other watercourses, lakes and reservoirs.
53. "Tennessee Department of Environment and Conservation (TDEC)" is the state agency having water pollution control oversight.
54. "TDEC manuals." Current sediment and erosion control and post construction manuals approved by TDEC for stormwater system design and installation.
55. "Turbidity." The term refers to the cloudiness or haziness of fluid caused by individual particles (suspended solids) that are generally invisible to the naked eye, similar to smoke in the air.
56. "Waters or waters of the state.'' Any and all water, public or private, on or beneath the surface of the ground, which are contained within, flow through, or border upon Tennessee or any portion thereof except those bodies of water confined to and retained within the limits of private property in single ownership which do not combine or effect a junction with natural surface or underground waters.
57. "Watercourse" means a permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water.
58. "Watershed" means all the land area that contributes runoff to a particular point along a waterway.
59. "Wetlands." Those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted to life in saturated soil conditions. Wetlands include, but are not limited to, swamps, marshes, bogs and similar areas.
60. "Wet weather conveyances." Man-made or natural watercourses including natural watercourses that have been modified by channelization, that flow only in direct response to precipitation runoff in their immediate locality and whose channels are above the groundwater table and which do not support fish or aquatic life and are not suitable for drinking water supplies. (as added by Ord. #2331, June 2005, and replaced by Ord. #2387, June 2008, and Ord. #2467, Sept. 2013)