Legal Documents of Maryville

The following general rights are minimum requirements for the control of pollutants from land-disturbing activities. All soil erosion prevention and sediment control measures and practices shall conform to the requirements of this chapter. The application or measures and practices shall apply to all features of the site including street, utility installations, drainage facilities and other temporary and permanent improvements. Measures shall be installed to prevent or control erosion and sediment pollution during all stages of any land-disturbing activity.

1. Requirements for best management practices. Owners and operators of land-disturbing activities shall implement appropriate erosion prevention and sediment control Best Management Practices (BMPs) in accordance with the State of Tennessee general NPDES permit for discharges of stormwater associated with construction activities and the Tennessee Erosion and Sediment Control Handbook.
2. Technical design criteria. The design of erosion prevention and sediment and pollution management controls, including BMPs, stabilization practices and structural practices, shall be performed in accordance with criteria and requirements stated in State of Tennessee general NPDES permit for discharges of stormwater associated with construction activities and the Tennessee Erosion and Sediment Control Handbook, except where more stringent criteria are required by the director of engineering and public works, or his/her designee.
3. Control measure construction and maintenance standards. The installation, inspection and maintenance of erosion prevention and sediment control practices, stabilization practices and structural practices shall be performed in accordance with the standards provided in the State of Tennessee general NPDES permit for discharges of stormwater associated with construction activities and the Tennessee Sediment and Erosion Control Handbook, latest edition, except where more stringent standards are required by the director of engineering and public works, or his/her designee. If periodic inspections or other information indicate that a control measure has been used inappropriately, or incorrectly, the owner or operator must replace or modify the control for relevant site situations.
4. More stringent criteria or standards. The director of engineering and public works, or his/her designee, may require more stringent criteria and standards where deemed necessary to reduce the potential for pollution impacts to streams, public property or adjacent property from sediment-laden stormwater runoff or discharges of other construction-related wastes.
5. Control of other construction related wastes. Owners and operators of land-disturbing activities shall control other construction-related wastes, as defined in this chapter, in accordance with the State of Tennessee general NPDES permit for discharges of stormwater associated with construction activities, except where more stringent criteria are required by the director of engineering and public works, or his/her designee. The discharge of such wastes in the stormwater discharges from a land-disturbing activity shall be prevented or minimized in accordance with the EPSC or sketch plan for the site of the activity.
6. Installation of controls before grading begins. Erosion prevention and sediment controls and measures for the control of other construction-related wastes shall be in place and functional before earth moving operations begin, and must be constructed and maintained throughout land-disturbing activities. Temporary controls and measures may be removed at the beginning of the work day, but must be replaced at the end of the work day.
7. Establishment of permanent vegetation. A permanent vegetative cover shall be established on disturbed areas not otherwise permanently stabilized. Permanent vegetation shall not be considered established until a ground cover is achieved in accordance with the final stabilization requirements of the State of Tennessee general NPDES permit for discharges of stormwater associated with construction activities and if the vegetation is, in the opinion of the director of engineering and public works, or his/her designee, mature enough to control soil erosion satisfactorily and to survive seasonal weather conditions. If it is determined by the director of engineering and public works, or his/her designee, that the vegetation will not withstand seasonal weather conditions, the release of unobligated monies or bonds shall be determined by the development standards board of appeals and may be reasonably delayed.
8. Protection of adjacent properties. Sediment controls shall be designed to retain mobilized sediment on the site of the land-disturbing activity. Properties adjacent to the site of a land-disturbance activity shall be protected from sediment deposition. If sediment escapes the construction site, off-site accumulations of sediment that have not reached a stream must be removed at a frequency sufficient to minimize off-site impacts or in accordance with the State of Tennessee general NPDES permit for discharges of stormwater associated with construction activities, whichever is more stringent. (For example, fugitive sediment that has escaped the construction site and has collected in a street must be removed so that it is not subsequently washed into storm sewers and streams by the next rain and/or so that it does not pose a safety hazard to users of public streets). Owners or operators shall not initiate remediation/restoration of a stream without first receiving approval from the City of Maryville and TDEC. Approval for remediation/restoration efforts from the City of Maryville does not authorize access to private property. Arrangements concerning removal of sediment on adjoining property must be settled by the owner or operator with the adjoining landowner.
9. Timing and stabilization of sediment trapping measures. Sediment basins and traps, perimeter dikes, and other measures intended to trap sediment on-site must be constructed as a first step in grading and be made functional before up slope land disturbance takes place. Earthen structures such as dams, dikes, and diversions must be stabilized within seven (7) days of construction or in accordance with the State of Tennessee general NPDES permit for discharges of stormwater associated with construction activities, whichever is more stringent. These measures must be maintained in good working order and must remain in place until such time as the director of engineering and public works, or his/her designee, deems the area to be stabilized or in accordance with the State of Tennessee general NPDES permit for discharges of stormwater associated with construction activities, whichever is more stringent.

10. Sediment basins. Temporary sediment basins shall be designed in accordance with the State of Tennessee general NPDES permit for discharges of stormwater associated with construction activities, except where more stringent criteria are required by the director of engineering and public works, or his/her designee. Any equivalent control measure that is substituted for a temporary sediment basin must be justified and approved by the director of engineering and public works, or his/her designee. 

    Permanent detention ponds that will be used as sediment basins during construction shall be designed so that the permanent detention pond outlet structure serves as the outlet structure of the sediment basin. All permanent detention ponds used as sediment basins shall be cleaned of loose sediments, re-graded to ensure design capacity, and stabilized prior to conversion. Converted detention ponds must be approved by the director of engineering and public works, or his/her designee, prior to release of bond. In addition, sod shall be used as the stabilization method on sediment basins that must remain in place for an indefinite period of time, such as during residential subdivision development. Sod shall be installed from the permanent pool elevation to the top of the berm. Stabilization measures other than sod may be approved by the director of engineering and public works, or his/her designee.

11. Sodding detention ponds, ditches and draining swales. Sod shall be used on detention ponds, ditches and drainage swales, or if velocities warrant stabilization. Stabilization methods other than sod may be approved by the director of engineering and public works, or his/her designee. The owner or operator shall maintain sodded areas until vegetation is permanently established.

12. Cut and fill slopes. Cut and fill slopes must be designed and constructed in a manner which will prevent erosion. Consideration must be given to the length and steepness of the slope, the soil type, up slope drainage area, groundwater conditions, and other applicable factors. Slopes which are found to be eroding excessively within one (1) year of project completion must be provided with additional slope stabilizing measures until the problem is corrected.

    The following guidelines shall be utilized to prepare and implement an adequate design for cut and fill slopes:

    1. Topsoil for the area should be stockpiled and then used for replacement on the graded area.
    2. Roughened soil surfaces are generally preferred to smooth surfaces on slopes.
    3. Diversions should be constructed at the top of long steep slopes which have significant drainage areas above the slope. Diversions or terraces may also be used to reduce slope length.
    4. Concentrated stormwater should not be allowed to flow down cut or fill slopes unless contained within an adequate temporary or permanent channel, flume, or slope drain structure.
    5. Wherever a slope face crosses a water seepage plane which endangers the stability of the slope, adequate drainage or other protection should be provided.
    6. Slopes three to one (3:1) or greater shall be stabilized with erosion control matting or other method(s) approved by the director of engineering and public works, or his/her designee. The owner or operator shall maintain matted areas until permanent vegetation is established.
13. Working in or crossing watercourses. Construction vehicles shall be kept out of watercourses. The channel (including bed and banks) must always be re-stabilized immediately after in-channel work is completed. Where a live watercourse must be crossed by construction vehicles regularly during construction, a temporary stream crossing must be provided, the design of which must be approved by the director of engineering and public works, or his/her designee, and the State of Tennessee where appropriate.
14. Underground utility construction. The construction of underground utility lines shall be subject to the following criteria:
    
    
    
    1. Where consistent with safety and space considerations, excavated material shall be placed on the uphill side of trenches.
    2. Trench dewatering devices shall discharge in a manner which will not adversely affect flowing streams, drainage systems, or off-site property.
15. Temporary stone construction entrance. Wherever construction access routes intersect paved public roads, provisions must be made to minimize the transport of sediment by runoff or vehicle tracking onto the paved surface by installation of a temporary stone construction exit in accordance with the Tennessee Erosion and Sediment Control Handbook. The temporary construction exit shall be maintained for the duration of the project or until a permanent access drive is constructed. The stone layer shall be replaced or overlain with new stone when necessary to ensure that sediment is not transported off the site of the land-disturbing activity. Where sediment is transported onto a public road surface, the roads shall be cleaned thoroughly at the end of each day or more often if deemed necessary. Sediment shall be removed from roads by shoveling or sweeping and be transported to a sediment-controlled disposal area. Street washing shall be allowed only after sediment is removed in this manner.
16. Disposition of temporary measures. All temporary erosion prevention and sediment control measures shall be disposed of within thirty (30) days after final site stabilization is achieved, or after the temporary measures are no longer needed, unless otherwise authorized by the director of engineering and public works, or his/her designee. Trapped sediment and other disturbed soft areas resulting from the disposition of temporary measures shall be properly disposed of and/or permanently stabilized to prevent further erosion and off-site sediment deposition.
17. Stripping, clearing and grading to be minimized. Stripping of vegetation, re-grading, and other development activities shall be conducted so as to minimize erosion. Clearing and grubbing must be held to the minimum necessary. Pre-construction vegetative cover shall not be destroyed, removed, or disturbed more than ten (10) calendar days prior to grading or earth moving. Construction must be sequenced to minimize the exposure time of cleared areas. (1999 Code, § 19-317)