Grading Permit Policy
City of Athens, TN -- February 19, 2002
Revision 1 - September 17, 2002
Table of Contents
1.1 Purpose/Scope
1.2 Authority
3.1 Exceptions
for Grading Permits
3.2 Responsibility not Waived
3.3 Site Plan and/or Conceptual Grading Plan
Requirements
3.4 Plan Submittal, Review, and Approval Process
for Grading Permits
5.1 Control Measures
6.1 Responsibility
for Utilities - Locations and Service Arrangements
Grading Permit Policy
City of Athens, TN -- February 19, 2002
1.0 GENERAL
1.1 Purpose/Scope
The intended purpose of this
policy is to safeguard life, limb, property and public welfare
by regulating clearing, earthwork, excavation, and other land
disturbing activity and by requiring temporary and permanent
provisions for it's control. It should be used as a planning
and engineering implement to facilitate the necessary control
of grading and earthwork.
This policy sets forth standards
and rules for grading and earthwork and establishes the requirement
of a formal permitting procedure. This policy applies to all
areas within the City Limits and establishes administrative
procedures for the issuance of permits and the enforcement
thereof, requires the submission of necessary plans (Site
or Conceptual Plans) for such work, and the observation &
inspection of grading and/or earthwork operations.
1.2 Authority
This policy is developed, implemented,
and recognized as a standard practice for the City of Athens,
Tennessee. The City Council has approved this document for
the management of Grading and Earthwork Activities within
the Athens City Limits. It will be utilized in conjunction
with the existing Site Plan Ordinance, Subdivision Regulations,
Zoning Ordinance, Stormwater Management Policy, and other
such municipal codes and texts.
The City Manager has charged
the Community Development and Public Works Departments with
the administration and enforcement of this policy in regard
to the review and approval of grading, excavation, earthwork,
and related activities and such management practices as described
herein.
2.0 DEFINITIONS
" Bedrock - In-place, solid,
and undisturbed rock.
" Clearing - The removal from land of trees, shrubs,
grass, and/or other varied ground cover and vegetation useful
for windbreaks, water retention, and the maintenance of topsoil.
" Compaction - The densification of materials by mechanical
means.
" Cut - See excavation.
" Earth Material - Any rock and/or natural soil exclusive
of any decomposable matter.
" Earthwork - Excavation, fill and back fill, compaction,
and grading.
" Erosion - The wearing away of the ground surface as
a result of movement of wind, water, and/or ice.
" Excavation - The mechanical removal of earth material.
Definitions - continued
" Fill or Backfill - A deposit of earth by artificial
means.
" Finish or Final Grade - The grade of the subject site,
which conforms to the permitted plan.
" Grade - The vertical location of the ground surface
to a predetermined elevation datum.
" Grading - The operation of raising or lowering the
ground surface to a predetermined grade.
" Grading Permit - A document allowing or authorizing
the initiation of grading, excavation, or related earthwork
according to City Policies, Procedures, and Ordinances in
conformity to the approved plan(s).
" Rough Grade - The stage of construction at which the
grade approximately conforms to the permitted plan.
" Sediment - Solid material, both material and organic,
that is in suspension, is being transported, or has been moved
from its origin by air, water, gravity, or ice as a product
of erosion.
" Site - For purposes of this policy, a specific location
on which any of the following activities are underway: excavation,
cutting, or filling of earth or related earthwork.
" Soil - Naturally occurring surface deposits overlying
bedrock.
" Site Plan - The graphical plan, usually in map form,
prepared pursuant to Title 14, § 14-1, Zoning and Land
Use Control, and Chapter 3, § 14-3, Site Plans and Land
Development, of the Athens Municipal Code; and the Subdivision
Regulations of the City of Athens.
" Stormwater - The waters derived from rain falling or
snow melting within a tributary drainage basin, flowing over
the surface of the ground or collected in a stormwater drainage
system.
3.0 PERMITTING PROCEDURES
Unless otherwise stated, no person(s)
shall perform any clearing, excavation, or earthwork within
the City of Athens without first having obtained a Grading
Permit from the Public Works Department. A separate permit
will be required for each and every individual site.
This section explains the procedure
for applying for Grading Permits and the process by which
the Public Works Department reviews and approves permits.
This policy is applicable but
is not limited to the following activities:
" Excavating, cutting, filling,
grading, draining, or paving of lots, parcels, or other areas
" Altering, rerouting, deepening, widening, obstructing,
or changing in any way an existing drainage system or feature
" Development for: residential (greater than one (1)
lot or other subdivisions), commercial, institutional, industrial,
utility or other activities
" Commencing any other development or excavation which
may: significantly increase or decrease the rate and/or quantity
of surface water runoff; degrade the quality of water; adversely
affect any sinkhole, water course, or water body
3.1 Exceptions for Grading Permits
The following described activities
shall not require a Grading Permit in order to perform clearing,
excavation, or related earth work:
" Basement or footer excavations
for single or two family (duplex) residential dwellings
" Cemetery graves
" Sanitary landfill or refuse disposal sites controlled
by other regulations
" Excavations for wells or tunnels (unless performed
on the public right-of way)
" Mining operations controlled by other regulations
" Temporary stockpiling or storing of materials provided
that such operations do not affect adjacent properties and
all drainage and erosion control requirements. Temporary stockpiling/storage
shall be defined as ninety (90) days or less.
" Exploratory excavations/drilling under the direction
and/or supervision of a licensed soils engineer or geologist
" Excavation for any structure(s) located within an approved
subdivision for which there exists an approved, current, Grading
or Site Plan with which the developer/ owner/builder intends
to comply
" Accepted agricultural practices such as plowing, cultivation,
construction of agricultural structures, nursery operations,
tree cutting, logging operations leaving the stump and root
mat intact, and cultivated sod operations
" Construction, repair, or rebuilding of rail tracks
or related facilities belonging to and located on railroad
property
" Installation, repairs, and maintenance of utilities
by the utility owner/operator or their contractor or representative.
" Grading associated with general maintenance, landscaping,
excavation, or placement of fill so long as 50 cubic yards
or less of soil is disturbed on one (1) lot AND the existing
contours are not altered in excess of two (2) feet AND all
work is in compliance of all requirements for Erosion and
Sedimentation Control AND the proposed work does not impact
or obstruct a natural drainage course
3.2 Responsibility not Waived
The Grading Permit exceptions
listed in Section 3.1 do not relieve the owner, developer,
contractor, or other legal representative of the responsibility
of installing and properly maintaining the proper erosion/sedimentation
control measures or other liability resulting from such activities.
3.3 Site Plan and/or Conceptual Grading Plan Requirements
Title 14, Zoning and Land Use
Control, Chapter 3, Site Plans and Land Development, of the
Athens Municipal Code requires an approved Site Plan for the
activities listed below unless excepted as described in §14-402
Exceptions.
" Erecting any building
or structure
" Enlarging or altering any building or structure
" Disturbing land (Alter the grade of any land as to
change the contours in excess of two (2) feet)
" Construction of any streets, alleys, sidewalks, curbs,
gutters, retaining walls, drain or sewer, or off street parking
lots
" Changing or diverting the flow of stormwater or natural
water courses
If the site plan is inadequate in detail for stormwater management,
a separate drainage plan will be required. A licensed civil
engineer may be required to design stormwater systems and
plans. These plans shall contain, as a minimum, the following
items or information. (In addition to basic information such
as owner name and address, date, scale, north indication,
and etc., other information is required aside from drainage
requirements. These requirements are listed in § 14-309
of the ordinance.)
" Total land area
" Existing and proposed topography of existing land and
impervious areas shown in five (5) foot intervals (two (2)
foot intervals may be required)
" Elevations of all existing and proposed streets, alleys,
utilities, sanitary and stormwater sewers, and existing buildings
and structures
" All existing and proposed impervious areas
" Natural or artificial watercourses
" Limits of flood plains (if applicable)
" Existing and proposed slopes, terraces, or retaining
walls
" All existing and proposed stormwater drainage structures
or features
" All stormwater structures/features immediately upstream
and downstream of the site
" Erosion and siltation control plans
" Drainage calculations when required
" Drainage easements when required
If the proposed grading is for
purposes of other than actual building construction, a Conceptual
Grading Plan may be submitted. This plan will contain all
of the above requirements with the exception of any buildings
or paving details.
If the proposed work is for grading
only, this should be indicated on the Conceptual Plan. A permit
will be issued for "Grading Only". Any future or
additional work to include building construction, paving,
etc. will require that a Site Plan be submitted and approved
and the necessary permits obtained.
3.4 Plan Submittal, Review, and Approval Process for Grading
Permits
Site, Drainage, Conceptual Grading,
and Erosion Control Plans for the purpose of obtaining a Grading
Permit shall be submitted to the Public Works Department.
They are to be submitted in such time that the Public Works
Director is to receive the submitted plans no less than five
(5) working days prior to the intended date to begin site
alterations. These plans can be submitted to the Public Works
Director at the Public Works Service Center located at 219
Alford Street.
An Application for a Grading
Permit shall be submitted along with the necessary plans.
For all other purposes, the Community
Development Department is the central point for receiving
preliminary, revised, and final submittals. The issuance of
all other permits is based upon approvals of submitted plans.
All Site, Drainage, Conceptual
Grading, and Erosion Control Plans and specifications are
to be approved by the Public Works Director, the City Engineer,
or the City Manager's designee.
A licensed civil engineer may
be required to design Site, Drainage, Conceptual Grading,
and Erosion Control Plans when required by the Public Works
Director, the City Engineer, or the City Manager's designee.
Such requirements will be based upon the complexity of the
conditions, the adjacent properties, and the site itself.
If an applicant determines that
his/her plan has been unjustly disapproved or that the Public
Works Director or City staff has made requests that are considered
above and beyond this policy, he/she may appeal the decision
to the City Manager.
" Once the necessary plans
and application have been submitted and approved and the necessary
fees have been received, a Grading Permit will be issued.
" The necessary fees can be paid and the permit issued
at the Public Works Service Center located at 219 Alford Street.
" The Permit is valid for a period of six (6) months
from the date of issue. Extensions will be considered based
on the circumstances.
" The Permit and copies of the approved drawings are
to be present on site at all times when work is underway.
The City's representative may ask to see these at any time.
" A Grading Permit can be suspended or revoked for violation
of this or other related policies, procedure, or City Ordinances.
A Stop Work Order may be issued if work continues after the
Grading Permit has been revoked. Further action can and will
be taken if necessary to insure compliance with this policy.
4.0 GRADING PERMIT FEES
The fee for the Grading Permit
is intended to assist the City of Athens in recovering some
of the expenses associated with the permit process. These
costs consist primarily of administration, inspection, and
enforcement activities and shall be approved and set by the
Athens City Council. Fees are due upon submission of the permit
application.
The fee schedule for Grading
Permits is as follows:
Grading/Excavation/Earthwork
Projects
Areas </= 5 acres - $25.00
Areas > 5 acres - $25.00 per each additional acre
5.0 EROSION & SEDIMENTATION CONTROL
Developers and/or property owners
shall use appropriate erosion and sedimentation control measures
to ensure that erosion, or adverse conditions caused by erosion
or sedimentation, is eliminated or held to an acceptable minimum
and does not cross to an adjoining property, R.O.W., street,
or stream.
When deemed necessary, the Public
Works Director, Community Development Director, City Manager,
and /or the Planning Commission may require that a separate,
detailed erosion and sedimentation control plan be submitted
along with the Site Plan. Otherwise, control measures should
be indicated on the Site Plan.
All control measures will be
approved in the field by the appropriate city staff, typically
the Public Works Director or his designee, and maintained
by the developer.
5.1 Control Measures
The following control measures
should be used as a minimum for erosion control:
" The smallest practical area of land should be exposed
at any one time during development. Mulching or other protective
measures should be used to protect exposed areas.
" Areas that will be exposed
for more than three (3) months shall be seeded and mulched
or landscaped.
" Temporary furrows, terraces,
sediment or debris basins should be installed to prevent washing
and erosion during construction.
" In areas where soil may
wash onto the roadway or into a drainage basin, the developer
will be required to install and maintain a silt fence, hay
bales, or both.
" Final vegetation should
be installed as soon as practical in the development after
the land is exposed.
" A gravel construction
entrance shall be constructed prior to any site work. The
owner or his/her contractor throughout the construction process
will maintain this construction entrance.
" Sediment washed onto roadways
or into drainage ditches or basins, and soil tracked onto
roadways by construction equipment/vehicles or daily ingress
and egress onto the site shall be removed at the end of each
working day by the contractor, developer, or property owner.
6.0 RESPONSIBILITY and ENFORCEMENT of POLICY
This policy is adopted by the
City Council of the City of Athens and by the Athens Regional
Planning Commission.
Inspection and enforcement of
the conditions described in this policy are the responsibility
of, but not limited to, the Public Works Director, or his
designee, or the City Building Inspector, or other person(s)
as designated by the City Manager.
Any clearing, earthwork, excavation,
and other land disturbing activity not meeting the requirements
of this policy will be stopped at the direction of the Public
Works Director, his designee, the City Building Inspector,
his designee, or the City Manager, or his designee. Such work
may not resume until such time that all provisions are adequately
met.
Intentional or continued violation
of this policy is considered a civil offense, and each separate
violation shall be deemed punishable by a civil penalty in
accordance with City of Athens Ordinance No. 802, § 5
entitled "Penalty Clause," of the Athens Municipal
Code.
6.1 RESPONSIBILITY for UTILITIES– Locations and Service
Arrangements
Neither the Grading Permit nor
the Permit Application address utility services (public or
private). The property owner, developer, excavator, and/or
contractor are solely responsible for notifying any applicable
utility providers of the intent to excavate or commence new
construction.
Tennessee State Law requires
that the Tennessee One Call service be utilized for all excavations.
This number is to be called 72 hours prior to the planned
excavation. This number is toll free: 800-351-1111.
The issuance of a Grading Permit
by the City of Athens does not in anyway address the provision
or availability of utility service to the subject site. The
owner, developer, and/or contractor is responsible for making
any and all arrangements for requesting utility services in
a timely manner. In certain circumstances, utility services
may not be readily available to the subject site. In such
cases, it will be up to the utility provider and the property
owner/requestor to make arrangements for the installation
of utility services.
7.0 CITY OF ATHENS CONTACTS
Community Development Department
City Hall, 815 N. Jackson St., Athens, TN 37303
Planning Commission, Board of Zoning Appeals, Subdivisions,
Development, Zoning, Codes Enforcement, Inspections, Permits,
and related areas
Harold Hunter, Community Development
Director - 423/744-2750
Gene McConkey, Building Inspector - 423/744-2752
Gayle Petitt, Codes Enforcement Officer - 423/744-2751
Athens Utilities Board
100 New Englewood Road, Athens, TN 37303
Water, Wastewater, Natural Gas,
and Electric Services - 423/745-4501
Public Works Department
219 Alford Street, P.O. Box 849, Athens, TN 37371-0849
Streets, Sidewalks, Drainage,
Traffic Control, Right of Way Maintenance, Sanitation, Animal
Control, Fleet Maintenance, and related areas
Shawn Lindsey,
Public Works Director - 423/744-2745
Harvel Henry, Street Superintendent - 423/744-2746
Lee Cook, Street Construction Foreman - 423/744-2746
8.0 ORDINANCE Number 894 - Ordinance Defining and Adopting
Policy
9.0 REVISIONS
1. September 17, 2002 - Added sections 6.1
and 9.0
