Legal Documents of Gatlinburg

Code of Gatlinburg

Table of Contents » Title 18 Water and Sewers » Chapter 4 Stormwater Ordinance » § 18-405 Post construction.
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18
Title 18
18-1
Title 18, Chapter 1
18-101
§ 18-101
Gatlinburg
Title 18 : Water and Sewers
Chapter 4 : Stormwater Ordinance

18-405 : Post construction.

  1. As built plans. A final inspection by the City of Gatlinburg Public Works Department is required before any performance security or performance bond will be released. The City of Gatlinburg Public Works Department shall have the discretion to adopt provisions for a partial pro-rata release of the performance security or performance bond on the completion of various stages of development. In addition, certificate of occupancy permits shall not be granted until connections to all BMPs have been made and accepted by the City of Gatlinburg Public Works Department.
  2. Landscaping and stabilization requirements.
    1. Any area of land from which the natural vegetative cover has been either partially or wholly cleared by development activities shall be re-vegetated according to a schedule approved by the City of Gatlinburg Public Works Department. The following criteria shall apply to re-vegetation efforts:
      1. Reseeding must be done with an annual or perennial cover crop accompanied by placement of straw mulch or its equivalent of sufficient coverage to control erosion.
      2. Replanting with native woody and herbaceous vegetation must be accompanied by placement of straw mulch or its equivalent of sufficient coverage to control erosion until the plantings are established and are capable of controlling erosion.
      3. Any area of re-vegetation must exhibit survival of a minimum of seventy-five percent (75%) of the cover crop throughout the year immediately following re-vegetation. Re-vegetation must be repeated in successive years until the minimum seventy-five percent (75%) survival for one (1) year is achieved.
    2. In addition to the above requirements, a landscaping plan must be submitted with the final design describing the vegetative stabilization and management techniques to be used at a site after construction is completed. This plan will explain not only how the site will be stabilized after construction, but who will be responsible for the maintenance of vegetation at the site and what practices will be employed to ensure that adequate vegetative cover is preserved.
  3. Inspection of stormwater facilities.
    1. Periodic inspection of facilities shall be performed by the city.
    2. In order to ensure that all stormwater BMPs are operating correctly and being properly maintained, the city shall, at a minimum, require owners and/or operators of stormwater systems to:
      1. Perform routine inspection to ensure that the BMPs are properly functioning. These inspections shall be conducted on an annual basis, at a minimum. These inspections shall be conducted by a person familiar with control measures implemented at a site. Owners or operators shall maintain documentation of these inspections.
      2. Perform comprehensive inspections of all stormwater management facilities and practices. These inspections shall be conducted once every five (5) years, at a minimum. Such inspections must be conducted by either a professional engineer or landscape architect. Complete inspection reports for these five (5) year inspections shall include:
        1. Facility type;
        2. Inspection date;
        3. Latitude and longitude and nearest street address;
        4. BMP owner information (e.g. name, address, phone number, fax, and email);
        5. A description of BMP conditions including: vegetation and soils, inlet and outlet channels and structures, embankments, slopes, safety benches, spillways, weirs, and other structures as well as any sediment and debris accumulation;
        6. Photographic documentation of BMPs;

        7. Specific maintenance items or violations that need to be corrected by the BMP owner along with deadlines and reinspection dates.

          Owners and/or operators shall maintain documentation of these inspections. The city may require submittal of this documentation.

  4. Records of installation and maintenance activities. Parties responsible for the operation and maintenance of a stormwater management facility shall make records of the installation of the stormwater facility, and of all maintenance and repairs to the facility, and shall retain the records for at least two (2) years. These records shall be made available to the City of Gatlinburg Public Works Department during inspection of the facility and at other reasonable times upon request.
  5. Failure to meet or maintain design or maintenance standards. If a property owner fails or refuses to meet the design or maintenance standards required for stormwater facilities under this ordinance, the City of Gatlinburg Public Works Department, after reasonable notice, may correct a violation of the design standards or maintenance needs by performing all necessary work to place the facility in proper working condition. In the event that the stormwater management facility becomes a danger to public safety or public health, the City of Gatlinburg Public Works Department shall notify in writing the property owner or party responsible for maintenance of the stormwater management facility. Upon receipt of that notice, the property owner or responsible person shall repair the facility in an approved manner. In the event that corrective action is not completed within the time specified by the city, the City of Gatlinburg Public Works Department may take necessary corrective action. The cost of any action by the City of Gatlinburg Public Works Department under this section shall be charged to the property owner and/or responsible party/owner of land, shall run with the land and be recorded in the Sevier County Register of Deeds Office. (as added by Ord. #2331, June 2005, and replaced by Ord. #2387, June 2008, and Ord. #2467, Sept. 2013)
Date Last Updated: 03/23/2022
Codification Date: 03/01/2000

Officials at Date of Last Codification:

Mayor - Mike Werner

Vice Mayor - Mark McCown

Commissioner - Ryan DeSear

Commissioner - Chad Reagan

Commissioner - Kirby Smith

City Manager - Cindy Cameron Ogle

City Attorney - Ronald E. Sharp

Date Last Updated: 03/23/2022
Codification Date: 03/01/2000

Officials at Date of Last Codification:

Mayor - Mike Werner

Vice Mayor - Mark McCown

Commissioner - Ryan DeSear

Commissioner - Chad Reagan

Commissioner - Kirby Smith

City Manager - Cindy Cameron Ogle

City Attorney - Ronald E. Sharp