Legal Documents of Gatlinburg

Buffer requirements (construction and post

construction).

1. Construction buffers: whenever a development or redevelopment site has a blue line stream, free-flowing waters of the state, or other body of water (perennial and intermittent streams, rivers, ponds, creeks, lakes and wetlands) on such site, flowing through such site, or bordering such site, a buffer of natural and/or man made vegetation shall be maintained and/or installed which is at least thirty feet (30') in width, as measured from the top of the bank of such stream or body of water. The buffer of thirty feet (30') can be established on an average basis at a project, as long as the minimum width of the buffer is no less than fifteen feet (15') at any measured location. The buffer should be a vegetated, preferably native, water quality buffer to protect water bodies by providing structural integrity and canopy, as well as stormwater infiltration, filtration and evapotranspiration. Buffer zones are not primary sediment control measures and should not be relied upon as such.

   Every effort should be made of construction activities not to take place within the buffer and the buffer should remain in its undisturbed state of vegetation. BMPs providing equivalent protection to a receiving stream as a natural riparian buffer zone may be used at a construction site. Such BMPs shall be designed to be effective in protecting the receiving water from effects of stormwater runoff as a natural riparian zone. A justification for use and a design of equivalent BMPs shall be included in the SWPPP. Such equivalent BMPs are expected to be routinely used at a construction project typically located adjacent to surface waters. These projects include, but are not limited to: sewer line construction, roadway construction, utility line or equipment installation, greenway construction, construction of a permanent outfall or a velocity dissipating structure, etc. Enhancements, restoration and re-establishment may be allowed with proper permit(s). Except as may be in conflict with the intent of this ordinance, provisions of the zoning ordinance, flood damage prevention ordinance, or other ordinances and regulations of the city, buffer areas may be occupied by non-polluting uses and areas such as grassed or landscaped yards, park and picnic areas, greenways, walking trails, and/or undisturbed native vegetation. The City of Gatlinburg Public Works Department may allow driveway and road construction to occur through a buffer upon finding that the integrity of the buffer will not be compromised. Permits for stream crossings may also require permits from federal, state and other local agencies.

2. Water quality buffer (post construction): buffer width depends on the size of the drainage area. Streams or other waters with drainage areas less than one (1) square mile upstream will require buffer widths of thirty feet (30') of buffer zone. Streams or other waters with drainage areas greater than one (1) square mile upstream will require buffer widths of sixty foot (60') minimum. In instances where a sixty foot (60') buffer width has been established for sites that contain or are adjacent to a receiving stream designated as impaired or exceptional waters, the sixty foot (60') buffer can be established on an average width basis at a project, as long as the minimum width of the buffer is more than thirty feet (30') at any measured location.
3. Buffer variance. The city may allow a variance to the water quality buffer requirements. A variance may be obtained by application under § 18-411 of this ordinance. When a variance is allowed by the city, mitigation must be at least as protective of the natural resources and the environment as the undisturbed buffer. A determination that standards cannot be met may not be based solely on the difficulty or cost associated with implementation.
4. Integrity of existing stormwater system. Any alteration to existing drainage channels, pipes or other stormwater systems that convey public water is prohibited without authorization from the city. Any alteration must maintain the intended performance of the drainage channel.
5. Existing locations and developments. The city may, when conditions warrant, conduct inspections to verify that existing stormwater management facilities are functioning within design limits. These inspections shall be based on violations and complaints which identify developments, businesses, or industries of a type associated with higher than usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of the municipalities NPDES stormwater permit. Inspections may include, but are not limited to: reviewing maintenance and repair records, sampling discharges, surface water, groundwater, and material or water in drainage control facilities, and evaluating the condition of drainage control facilities and other BMPs. (as added by Ord. #2331, June 2005, and replaced by Ord. #2387, June 2008, and Ord. #2467, Sept 2013)