Legal Documents of Gatlinburg

Residential gardening and landscaping activities.

The owner or developer whose land disturbing activity has been exempted from requirements for registration shall nevertheless be responsible for otherwise conducting such activity in accordance with the provisions of this ordinance and other applicable laws including the responsibility for controlling erosions and sedimentation. Where individual lots or sections in a subdivision are being developed by different property owners, all earth disturbing activities related to the subdivision shall be covered by the approved Stormwater Pollution Prevention Plan (SWPPP); such developments are subject to the terms of the requirements therein, including but not limited to: gravel construction entrances/exits, necessary erosion controls, concrete washout restrictions, etc.

1. Name of applicant;
2. Business or residence address of applicant;
3. Name, address and telephone number of the owner of the property of record in the office of the assessor of property;
4. Address and legal description of subject property including the tax reference number and parcel number of the subject property;
5. Name, address and telephone number of the contractor and any subcontractor(s) who shall perform the land disturbing activity and who shall implement the erosion and sediment control plan;
6. A statement indicating the nature, extent and purpose of the land disturbing activity including the size of the area for which the permit shall be applicable and a schedule for the starting and completion dates of the land disturbing activity.
7. Where the property includes a sinkhole, the applicant shall obtain from the Tennessee Department of Environment and Conservation appropriate permits.
8. The applicant shall obtain from any other state or federal agency any other appropriate environmental permits that pertain to the property. If Aquatic Resource Alteration Permit (ARAP) is required for a site in areas proposed for active construction, the NOC will not be issued until ARAP application(s) are submitted and deemed by TDEC to be complete. The treatment and disposal of waste water (including but not limited to sanitary waste water) generated during and after the construction must also be addressed. However, the inclusion of those permits in the application shall not foreclose the City of Gatlinburg from imposing additional development requirements and conditions, commensurate with this ordinance, on the development of property covered by those permits.

Each application shall be accompanied by:

a. A sediment and erosion control plan as described in §18-404(5).

b. A stormwater management plan as described in § 18-404(4), providing for stormwater management during the land disturbing activity and after the activity has been completed.

c. Each application for a land disturbance permit shall be accompanied by payment of a land disturbance permit and other stormwater management fees, which will be established by a separate ordinance.

1. Approval of the permit application;
2. Conditional approval of the permit application, subject to such reasonable conditions as may be necessary to secure substantially the objectives of this ordinance, and issue the permit subject to these conditions; or
3. Denial of the permit application, indicating the reason(s) for the denial.

1. A licensed professional engineer or landscape architect;
2. A Certified Professional in Erosion and Sediment Control (CPESC); or

3. A person that has successfully completed the "Level II Design Principles for Erosion Prevention and Sediment Control for Construction Sites" course.

   At a minimum, a site assessment should be performed to verify the installation, functionality and performance of the erosion prevention and sediment control measures described in the SWPPP. The site assessment findings shall be documented and the documentation kept with the SWPPP on site. The site assessment should be performed with the site inspector, and should include a review and update (if applicable) of the SWPPP. Modifications of plans and specifications for any building or structure, including the design of sediment basin or other sediment controls involving structural, hydraulic, hydrologic or other engineering calculations shall be performed by a licensed engineer or landscape architect and stamped and certified in accordance with state law. The site assessment can take the place of one of the twice weekly inspections.