(1)

Purpose. It is the purpose of this chapter to:

(a)

Protect, maintain, and enhance the environment of the City of Forest Hills and the public health, safety and the general welfare of the citizens of the city, by controlling discharges of pollutants to the city's storm water system and to maintain and improve the quality of the receiving waters into which the storm water outfalls flow, including, without limitation, lakes, rivers, streams, ponds, wetlands, and groundwater of the city.

(b)

Enable the City of Forest Hills to comply with the National Pollution Discharge Elimination System permit (NPDES) and applicable regulations, 40 CFR § 122.26 for storm water discharges.

(c)

Allow the City of Forest Hills to exercise the powers granted in Tennessee Code Annotated, § 68-221-1105, which provides that, among other powers municipalities have with respect to storm water facilities, is the power by ordinance or resolution to:

(i)

Exercise general regulation over the planning, location, construction, and operation and maintenance of storm water facilities in the municipality, whether or not owned and operated by the municipality;

(ii)

Adopt any rules and regulations deemed necessary to accomplish the purposes of this statute, including the adoption of a system of fees for services and permits;

(iii)

Establish standards to regulate the quantity of storm water discharged and to regulate storm water contaminants as may be necessary to protect water quality;

(iv)

Review and approve plans and plats for storm water management in proposed subdivisions, commercial developments, and any proposed land disturbing activities requiring a grading permit;

(v)

Issue permits for storm water discharges, or for the construction, alteration, extension, or repair of storm water facilities;

(vi)

Suspend or revoke permits when it is determined that the permittee has violated any applicable ordinance, resolution, or condition of the permit;

(vii)

Regulate and prohibit discharges into storm water facilities of sanitary, industrial, or commercial sewage or waters that have otherwise been contaminated; and

(viii)

Expend funds to remediate or mitigate the detrimental effects of contaminated land or other sources of storm water contamination, whether public or private.

(2)

Administering entity. The City of Forest Hills shall administer the provisions of this chapter through the City Manager, or his designee.

(Ord. No. 2020-01, 4-16-2020)

For the purpose of this chapter, the following definitions shall apply: Words used in the singular shall include the plural, and the plural shall include the singular; words used in the present tense shall include the future tense. The word "shall" is mandatory and not discretionary. The word "may" is permissive. Words not defined in this section shall be construed to have the meaning given by common and ordinary use as defined in the latest edition of Webster's Dictionary.

(1)

As built plans means drawings depicting conditions as they were constructed.

(2)

Best management practices or BMPs are physical, structural, nonstructural and/or managerial practices that, when used singly or in combination, prevent or reduce storm water runoff or pollution, that have been approved by the City of Forest Hills, and that have been incorporated by reference into this chapter as if fully set out therein.

(3)

BMP Manual has the meaning given in Section 14-505.

(4)

City Engineer means the City Engineer appointed by the Board of Commissioners of the City of Forest Hills, or the City Engineer's designee.

(5)

City Manager means the City Manager appointed by the Board of Commissioners of the City of Forest Hills, or the City Manager's designee.

(6)

Channel means a natural or artificial watercourse with a definite bed and banks that conducts flowing water continuously or periodically.

(7)

Community water means any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wetlands, wells and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of the City of Forest Hills.

(8)

Contaminant means any physical, chemical, biological, or radiological substance or matter in water.

(9)

Design storm event means a hypothetical storm event, of a given frequency interval and duration, used in the analysis and design of a storm water facility. The design-storm for EPSC practices shall be consistent with the Tennessee Construction General Permit. The estimated design rainfall amounts, for any return period interval (i.e., two-year, five-year, 25-year, etc.,) in terms of either 24-hour depths or intensities for any duration, can be found by accessing the following NOAA National Weather Service Atlas 14 data for Tennessee: https://hdsc.nws.noaa.gov/hdsc/pfds/orb/tn_pfds.html. Other data sources may be acceptable with prior written approval by TDEC Division of Water Resources.

(10)

Discharge means dispose, deposit, spill, pour, inject, seep, dump, leak or place by any means, or that which is disposed, deposited, spilled, poured, injected, seeped, dumped, leaked, or placed by any means including any direct or indirect entry of any solid or liquid matter into the municipal separate storm sewer system.

(11)

Disturb means to alter the natural or predeveloped ground surface in such a way that the erosion potential of the ground surface is increased.

(12)

Easement means an acquired privilege or right of use or enjoyment that a person, party, firm, corporation, municipality or other legal entity has in the land of another.

(13)

Erosion means the removal of soil particles by the action of water, wind, ice or other geological agents, whether naturally occurring or acting in conjunction with or promoted by anthropogenic activities or effects.

(14)

Erosion prevention and sediment control plan or EPSC Plan or EPSC means a written plan (including drawings or other graphic representations) that is designed to minimize the accelerated erosion and sediment runoff at a site during construction activities.

(15)

Green Infrastructure Practices or GIP means practices that maintain or restore storm water's natural flow pattern by allowing water to permeate slowly into the ground.

(16)

Hotspot means an area where land use or activities generate highly contaminated runoff, with concentrations of pollutants in excess of those typically found in storm water.

(17)

Illicit connections means illegal and/or unauthorized connections to the municipal separate storm water system whether or not such connections result in discharges into that system.

(18)

"Illicit discharge" means any discharge to the municipal separate storm sewer system that is not composed entirely of storm water and not specifically exempted under §4(3).

(19)

Land disturbing activity means any activity on property that results in a change in the existing soil cover (both vegetative and non-vegetative) and/or the existing soil topography. Land-disturbing activities include, but are not limited to, development, re-development, demolition, construction, reconstruction, clearing, grading, filling, and excavation.

(20)

Maintenance means any activity that is necessary to keep a storm water facility in good working order so as to function as designed. Maintenance shall include complete reconstruction of a storm water facility if reconstruction is needed in order to restore the facility to its original operational design parameters. Maintenance shall also include the correction of any problem on the site property that may directly impair the functions of the storm water facility.

(21)

Maintenance agreement means a document recorded in the land records that acts as a property deed restriction, and which provides for long-term maintenance of storm water management practices.

(22)

Municipal separate storm sewer system or MS4 means the conveyances owned or operated by the municipality for the collection and transportation of storm water, including the roads and streets and their drainage systems, catch basins, curbs, gutters, ditches, man-made channels, and storm drains.

(23)

National Pollutant Discharge Elimination System permit or NPDES permit means a permit issued pursuant to 33 U.S.C. § 1342.

(24)

Off-site facility means a structural BMP located outside the subject property boundary described in the permit application for land development activity.

(24)

On-site facility means a structural BMP located within the subject property boundary described in the permit application for land development activity.

(26)

Peak flow means the maximum instantaneous rate of flow of water at a point resulting from a storm event.

(27)

Person means any and all persons, natural or artificial, including any individual, firm or association and any municipal or private corporation organized or existing under the laws of this or any other state or country.

(28)

Priority Construction Activity means those construction activities discharging directly into, or immediately upstream of, waters the state recognizes as unavailable parameters (for siltation or habitat alteration) or Exception Tennessee Waters (ETW).

(29)

Runoff means that portion of the precipitation on a drainage area that is discharged from the area into the municipal separate storm water system.

(30)

Runoff Reduction Measures or RRM means post construction measures that reduce storm water runoff volumes from a developed parcel of property.

(31)

Sediment means solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water, gravity, or ice and has come to rest on the earth's surface either above or below sea level.

(32)

Site means a particular lot of piece of property

(33)

Sedimentation means soil particles suspended in storm water that can settle in stream beds and disrupt the natural flow of the stream.

(34)

Stabilization means providing adequate measures, vegetative and/or structural, that will prevent erosion from occurring.

(35)

Storm water means storm water runoff, snow melt runoff, surface runoff, street wash waters related to street cleaning or maintenance, infiltration and drainage.

(36)

Storm water management means the programs to maintain quality and quantity of storm water runoff to pre-development levels.

(37)

Storm water management facilities means the drainage structures, conduits, ditches, combined sewers, sewers, best management practices, and all device appurtenances by means of which storm water is collected, transported, pumped, treated or disposed of.

(38)

Storm water management plan means the set of drawings and other documents that comprise all the information and specifications for the programs, drainage systems, structures, BMPs, concepts and techniques intended to maintain or restore quality and quantity of storm water runoff to pre-development levels.

(39)

Storm water runoff means flow on the surface of the ground, resulting from precipitation.

(40)

Stream or Streams means natural or man-made lakes, ponds, streams, creeks, or other watercourses that discretely convey flowing water, as opposed to sheet-flow.

(41)

Structural BMPs means devices that are constructed to provide control of storm water runoff.

(42)

Surface water includes waters upon the surface of the earth in bounds created naturally or artificially including, but not limited to, streams, other water courses, lakes and reservoirs.

(43)

Tennessee Construction General Permit means a permit issued by TDEC to operators of construction sites involving clearing, grading or excavation that result in an area of disturbance of one or more acres, and activities that result in the disturbance of less than one acre if it is part of a larger common plan of development or sale.

(44)

TDEC means the Tennessee Department of Environment and Conservation.

(45)

Tennessee Department of Environment and Conservation Level I & Level II Trained Individual means an individual who has successfully completed the Level I Fundamentals course and the Level II Design Principles for Erosion Prevention and Sediment Control at Construction Sites course conducted by the Tennessee Water Resources Research Center.

(46)

Watercourse means a permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water.

(47)

Watershed means all the land area that contributes runoff to a particular point along a waterway.

(Ord. No. 2020-01, 4-16-2020)

(1)

All land disturbing activities shall employ adequate erosion and sediment control measures to minimize erosion and prevent off-site sedimentation in conformance with the provisions of this chapter and guidance materials referenced herein. Land disturbing or construction activities that do not employ erosion and sediment controls in conformance with this chapter and that cause off-site sedimentation or sediment discharges to Waters of the State or onto adjacent properties shall be in violation of this chapter.

(2)

All previously disturbed areas shall be permanently stabilized with groundcover sufficient to restrain erosion.

(Ord. No. 2020-01, 4-16-2020)

(1)

When required.

(a)

Every person shall obtain a land disturbance permit from the City of Forest Hills in the following cases:

(i)

Land disturbing activity disturbs 2,500 square feet of land or more; or

(ii)

Land disturbing activity disturbs less than 2,500 square feet of land if such activity is part of a larger common plan of development that affects 2,500 square feet of land or more; or

(iii)

The creation and use of borrow pits; or

(iv)

Other comparable activities as determined by the City Manager.

(b)

Land disturbance permit applications shall not be approved unless the following conditions are met:

(i)

For residential and non-residential developments disturbing 10,000 square feet of land or more, an Erosion Prevention and Sediment Control Plan and a Storm Water Management Plan shall be required. This includes residential and non-residential developments disturbing less than 10,000 square feet or land if such activity is part of a larger common plan of development that affects 10,000 square feet of land or more.

(2)

Building permit. No building permit shall be issued until the applicant has obtained a land disturbance permit where the same is required by this chapter.

(3)

Exemptions. The following activities are exempt from obtaining a land disturbance permit:

(a)

Any emergency activity that is immediately necessary for the protection of life, property, or natural resources.

(b)

Existing nursery and agricultural operations conducted as a permitted main or accessory use.

(c)

Any logging or agricultural activity that is consistent with an approved farm conservation plan or a timber management plan prepared or approved by the appropriate federal or state agency.

(d)

Additions or modifications to existing single family structures provided that the land to be disturbed measures less than 10,000 square feet of land and poses no unique threat to water, or public health or safety.

(e)

Limited disturbances to remove and/or plant trees or vegetation, as required to maintain the overall health of vegetation in the buffer area, including, but not limited to, routine mowing and trimming of grass, weeds, and limbs.

(f)

Removal of individual trees that are in danger of falling, causing damage to dwellings or other structures, are dead or diseased, or have been heavily damaged by storms, provided that root wads or stumps should be left in place, where feasible, to maintain soil stability.

(g)

Removal of trees or plants listed in the current edition of Invasive Exotic Pest Plants, published by the Tennessee Exotic Pest Plant Council.

(h)

Disturbances necessary for the construction of utility access areas and approved stream crossings as long as the crossings are perpendicular or as near to perpendicular as possible to the channel.

(i)

Disturbances as required to establish and/or restore buffer areas.

(j)

Other comparable activities as determined by the City Manager.

(4)

Review and approval of application.

(a)

The City of Forest Hills and/or its designated consultant shall review each application for a land disturbance permit to determine its conformance with the provisions of this chapter and technical standards located in the Tennessee Construction General Permit. Within a reasonable time after receiving an application, the City of Forest Hills or its designated engineering consultant shall provide one of the following responses in writing:

(i)

Approval of the permit application;

(ii)

Approval of the permit application, subject to such reasonable conditions as may be necessary to secure substantially the objectives of this chapter, and issue the permit subject to these conditions; or

(iii)

Denial of the permit application, indicating the reason(s) for the denial.

(b)

If the City of Forest Hills has granted conditional approval of the permit, the applicant shall submit a revised plan that conforms to the conditions established by the City of Forest Hills within the timeframe designated in the conditional approval. However, the applicant shall be allowed to proceed with his land disturbing activity so long as it conforms to conditions established by the City of Forest Hills.

(c)

The City will not be obligated to issue any building permit, or approve any subdivision of land, unless and until it has first approved the land disturbance permit.

(5)

Permit duration. Every land disturbance permit shall expire and become null and void if the work authorized by such permit is not complete within 18 months from the date of permit issuance.

(6)

Notice of construction. The applicant must notify the City of Forest Hills ten business days in advance of the commencement of construction.

(7)

Inspections and Maintenance.

(a)

The City Manager may enter upon any property which discharges or contributes, or is believed to discharge or contribute, to storm water runoff or the storm water system, stream(s), natural drainageway(s) or via any other private or public storm water management system during all reasonable hours to monitor, remove foreign objects or blockages, and to inspect for compliance with the provisions of this chapter.

(b)

EPSC inspections. At least every two weeks, the land disturbance permit holder shall perform inspections as follows:

(i)

Disturbed areas shall be inspected in conformance with the conditions of the Tennessee Construction General Permit.

(ii)

Inspections shall be documented and the documentation provided to the City of Forest Hills when requested.

(iii)

All erosion prevention and sediment control measures shall be inspected to ensure that they are functioning as designed.

(c)

All erosion prevention and sediment control measures shall be maintained by the land disturbance permit holder to ensure that they are functioning as designed. Failure to maintain measures constitutes a violation of this chapter.

(d)

Permanent storm water management facilities inspections. Permanent storm water management facilities shall be inspected by the land disturbance permit holder on a regular basis, but not less than every two weeks, during construction and by the landowner on a regular basis, but not less than annually, after construction has been completed to ensure that they are functioning as designed.

(i)

Inspections shall be documented and documentation provided to the City of Forest Hills when requested.

(ii)

Permanent storm water facilities shall be maintained by the land disturbance permit holder during construction and by the landowner after construction has been completed to ensure that they are functioning as designed.

(8)

Performance bonds.

(a)

The City of Forest Hills may, at its discretion, require the submittal of a performance security or performance bond prior to issuance of a permit in order to ensure that the storm water practices are installed by the permit holder as required by the approved storm water management plan. The amount of the installation performance security or performance bond shall be the total estimated construction cost of the structural BMPs approved under the permit plus any reasonably foreseeable additional related costs, e.g., for damages or enforcement. The performance security shall contain forfeiture provisions for failure to complete work specified in the storm water management plan. The applicant shall provide an itemized construction cost estimate complete with unit prices which shall be subject to acceptance, amendment or rejection by the City of Forest Hills. Alternatively, the City of Forest Hills shall have the right to calculate the cost of construction cost estimates.

(b)

The performance security or performance bond shall be released in full only upon (1) submission of as-built plans, (2) written certification by a registered professional engineer licensed to practice in Tennessee that the structural BMP(s) have been installed in accordance with the approved plan and other applicable provisions of this chapter, and (3) the structural BMPs have been in place and operational for at least one full calendar year. The City of Forest Hills will make a final inspection of the structural BMP(s) to ensure that they are in compliance with the approved plan and the provisions of this chapter. Provisions for a partial pro-rata release of the performance security or performance bond based on the completion of various development stages can be made at the discretion of the City of Forest Hills.

(Ord. No. 2020-01, 4-16-2020)

(1)

Storm water design or BMP manual.

(a)

Adoption. The City of Forest Hills adopts as its storm water design and best management practices (BMP) manual the following publications, which are incorporated by reference in this chapter as is fully set out herein (each a "BMP Manual" and altogether the "BMP Manuals"):

(i)

Tennessee Erosion & Sediment Control Handbook, as published by TDEC.

(ii)

TDEC Manual for Post Construction (also referred to as "Guide to the Selection & Design of Storm Water Best Management Practices (BMPs)").

(iii)

Metro Nashville Stormwater Management Manual, Volume 5 — Low Impact Development, as published by the Metropolitan Government of Nashville and Davidson County.

(b)

These manuals include a list of acceptable BMPs including the specific design performance criteria and operation and maintenance requirements for each storm water practice. These manuals may be updated and expanded from time to time, at the discretion of the City of Forest Hills, based on improvements in engineering, science, monitory and local maintenance experience. Storm water facilities that are designed, constructed and maintained in accordance with these BMP criteria will be presumed to meet the minimum water quality performance standards.

(2)

General performance criteria for permanent storm water quality management. Unless granted a waiver or judged by the City of Forest Hills to be exempt, the following performance criteria shall be addressed in the Site design for permanent storm water management at all new and redevelopment sites:

(a)

The Site design for all new and redevelopment sites shall provide, in combination or alone, management measures (i.e. Runoff Reduction Measures of Green Infrastructure Practices) that are designed, built and maintained to infiltrate, evapotranspire, harvest and/or use, at a minimum, the first inch of every rainfall event preceeded by 72 hours of no measureable precipitation. This first inch of rainfall must be 100 percent managed onsite with no discharge to Streams or the City's drainage infrastructure.

(b)

Pre-development soil types for the Site and their infiltrative capacity must be taken into account in the selection of RRM or GIP.

(c)

The City of Forest Hills may approve alternative measures to meet infiltration requirements in lieu of RRM or GIP when site limitations exist. Criteria to determine the circumstances under which alternatives are available shall not be based on the difficulty or cost of implementing RRM or GIP to meet the stated requirements, but shall be based on actual Site limitations, which may include, but are not limited to:

(i)

Where a potential for introducing pollutants into the groundwater exists, unless pretreatment is provided;

(ii)

Where pre-existing soil contamination is present in areas subject to contact with infiltrated runoff;

(iii)

Where sinkholes or other karst features are shown to exist;

(iv)

Where there is a lack of land area availability onsite to meet infiltration requirements.

(d)

All site designs requiring a storm water management plan according to §14-504(1)(b)(i) of this chapter or as otherwise required by the City of Forest Hills shall control the peak flow rates of storm water discharge associated with design storms specified in the State of Tennessee's Construction General Permit and reduce the generation of post construction storm water runoff to pre-construction levels. These practices should seek to utilize pervious areas for storm water treatment and to infiltrate storm water runoff from driveways, sidewalks, rooftops, parking lots, and landscaped areas to meet minimum performance criteria stated in this Section and provide treatment for both water quality and quantity.

(e)

To protect stream channels from degradation, specific channel protection criteria shall be provided as prescribed in the BMP manual.

(f)

Storm water discharges to critical areas with sensitive resources (such as Streams included on TDEC's 303(d) list) may be subject to additional performance criteria or may need to utilize or restrict certain storm water management practices.

(g)

Storm water discharges from priority construction activities as defined in Section 14-502 shall be subject to additional performance criteria as outlined in the Tennessee Construction General Permit.

(h)

Storm water discharges into streams impaired by sediment or into streams with an approved TMDL may be subject to additional performance criteria.

(i)

Storm water discharges from "hot spots" may require the application of specific structural BMPs and pollution prevention practices.

(j)

Prior to or during the site design process, applicants for land disturbance permits shall consult with the City of Forest Hills to determine if they are subject to additional storm water design requirements.

(k)

The calculations for determining peak flows as found in the BMP manual shall be used for sizing all storm water facilities. Other hydrological methods of determining peak runoff may be substituted; however, they will be subject to the City of Forest Hills's engineering consultant's review for appropriateness.

(3)

General performance criteria for permanent storm water quality management.

(a)

Storm water designs shall meet the multi-stage storm frequency storage requirements as identified in the State of Tennessee's Construction General Permit unless the City of Forest Hills has granted the applicant a full or partial waiver for a particular BMP under § 14-506(6).

(b)

If hydrologic or topographic conditions warrant greater control than that provided by the minimum control requirements, the City of Forest Hills may impose any and all additional requirements deemed necessary to control the volume, timing, and rate of runoff.

(4)

Storm water management plan requirements. The storm water management plan shall include sufficient information to allow the City of Forest Hills to evaluate the environmental characteristics of the project site, the potential impacts of all proposed development of the site, both present and future, on the water resources, and the effectiveness and acceptability of the measures proposed for managing storm water generated at the project site. To accomplish this goal the storm water management plan shall include the following:

(a)

Topographic base map: Topographic base map of the Site which extends a minimum of 100 feet beyond the limits of the proposed development and indicates:

(i)

Existing surface water drainage including Streams, ponds, culverts, ditches, sink holes, wetlands; and the type, size, elevation, etc., of nearest upstream and downstream drainage structures;

(ii)

Current land use including all existing structures, locations of utilities, roads, and easements;

(iii)

All other existing significant natural and artificial features;

(iv)

The overall watershed drainage boundary broken down into appropriately sized sub-basins and showing locations of hydrologic computation points (i.e. nodes);

(v)

Proposed land use with tabulation of the percentage of surface area to be adapted to various uses; drainage patterns; locations of utilities, roads and easements; the limits of clearing and grading.

(b)

Proposed structural and non-structural BMPs;

(c)

A written description of the Site Plan and justification of proposed changes in natural conditions may also be required;

(d)

Calculations: Hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in the State of Tennessee's Construction General Permit. These calculations must show that the proposed storm water management measures are capable of controlling runoff from the site in compliance with this Chapter, the State of Tennessee's Construction General Permit, and the guidelines of the BMP Manual. The stricter regulations shall govern. Such calculations shall include:

(i)

A description of the design storm frequency, duration, and intensity;

(ii)

Time of concentration calculations;

(iii)

Soil curve numbers or runoff coefficients including assumed soil moisture conditions;

(iv)

Peak runoff rates, method used along with basis for selected method, and total runoff volumes for each sub-basin area;

(v)

Infiltration rates, where applicable and source of rates;

(vi)

Culvert, storm sewer, ditch and/or other stormwater conveyance capacities for each storm event, along with methodology used;

(vii)

Flow velocities for applicable storm events;

(viii)

Data on the increase/decrease in rate and volume of runoff for the design storms referenced in the State of Tennessee's Construction General Permit or BMP Manuals; and

(ix)

Documentation of sources for all computation methods used (i.e. computer program input/output, hand calculations, etc.).

(e)

Soils information: If a storm water management control measure depends on the hydrologic properties of soils (e.g., infiltration basins), then a soils report shall be submitted. The soils report shall be based on on-site boring logs or soil pit profiles and soil survey reports. The number and location of required soil borings or soil pits shall be determined based on what is needed to determine the suitability and distribution of soil types present at the location of the control measure.

(f)

The applicant must demonstrate to the satisfaction of the City of Forest Hills that the proposed design will not lead to any of the following conditions downstream:

(i)

Deterioration of existing roadway or driveway culverts, bridges, dams, and other structures;

(ii)

Degradation of biological functions or habitat;

(iii)

Accelerated streambank or streambed erosion or siltation;

(iv)

Increased threat of flood damage to public health, life or property.

(g)

Maintenance and repair plan: The design and planning of all permanent storm water management facilities shall include detailed maintenance and repair procedures to ensure their continued performance. These plans will identify the parts or components of a storm water management facility that need to be maintained and the equipment and skills or training necessary. Provisions for the periodic review and evaluation of the effectiveness of the maintenance program and the need for revisions or additional maintenance procedures shall be included in the plan.

(5)

Erosion Prevention and Sediment Control Plan requirements. The Erosion Prevention and Sediment Control (EPSC) Plan shall accurately describe the potential for soil erosion and sedimentation problems resulting from land disturbing activity and shall explain and illustrate the measures that are to be taken to control these problems. The length and complexity of the plan is to be commensurate with the size of the project, severity of the site condition, and potential for off-site damage. The plan shall be prepared by an individual who has successfully completed the TDEC Level II training course or a Certified Professional in Erosion and Sediment Control (CPESC). Plans and specifications for any building or structure, including the design of sediment basins or other sediment controls involving structural, hydraulic, hydrologic or other engineering calculations shall be prepared by a licensed professional engineer or landscape architect and stamped and certified in accordance with TCA, Title 62, Chapter 2 and the rules of the Tennessee Board of Architectural and Engineering Examiners. Engineering design of sediment basins and other sediment controls must be included for construction sites involving drainage to an outfall totaling ten or more acres or five or more acres if draining to an impaired or exceptional quality waters. The plan shall address all items on the EPSC Plan checklist. Failure to fully complete the EPSC checklist could be considered an incomplete submittal and result in plan disapproval.

(Ord. No. 2020-01, 4-16-2020)

(1)

As-built plans. All applicants are required to submit actual as-built plans for any structures located on-site after final construction is completed. The plan must show the final design specifications for all storm water management facilities and must be sealed by a registered professional engineer licensed to practice in Tennessee. A final inspection by the City of Forest Hills is required before any performance security or performance bond will be released. The City of Forest Hills 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, occupation permits shall not be granted until corrections to all BMPs have been made and accepted by the City of Forest Hills

(2)

Landscaping and stabilization requirements.

(a)

Any area of land from which the natural vegetative cover has been either partially or wholly cleared by development activities shall be revegetated according to a schedule approved by the City of Forest Hills.

(b)

Stabilization measures shall be initiated as soon as possible in portions of the Site where construction activities have temporarily or permanently ceased. Temporary or permanent soil stabilization at the construction site (or a phase of the project) must be completed no later than 15 days after the construction activity in that portion of the Site has temporarily or permanently ceased. In the following situations, temporary stabilization measures are not required:

(i)

where the initiation of stabilization measures is precluded by snow cover or frozen ground conditions or adverse soggy ground conditions, stabilization measures shall be initiated as soon as practicable; or

(ii)

where construction activity on a portion of the site is temporarily ceased, and earth disturbing activities will be resumed within 15 days.

(c)

Permanent stabilization with perennial vegetation (using native herbaceous and woody plants where practicable) or other permanently stable, non-eroding surface shall replace any temporary measures as soon as practicable. Unpacked gravel containing fines (silt and clay sized particles) or crusher runs will not be considered a non-eroding surface.

(d)

The following minimum criteria shall apply to re-vegetation efforts:

(i)

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 until such time as the cover crop is established over 90 percent of the seeded area.

(ii)

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.

(iii)

Any area of revegetation must exhibit survival of a minimum of 75 percent of the cover crop throughout the year immediately following revegetation. Revegetation must be repeated in successive years until the minimum 75 percent survival for one year is achieved.

(iv)

Prior to releasing the performance bond, a permanent ground cover must be established over the entire site.

(v)

In addition to the above requirements, a landscaping plan may be required to 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 storm water management facilities. Periodic inspections of facilities shall be performed as provided for in § 14-504(7)(d).

(4)

Records of installation and maintenance activities. Parties responsible for the operation and maintenance of a storm water management facility shall make records of the installation of the storm water facility, and of all maintenance and repairs to the facility, and shall retain the records for at least three years. These records shall be made available to the City of Forest Hills during inspection of the facility and at other reasonable times upon request.

(5)

Failure to meet or maintain design or maintenance standards. If a responsible party fails or refuses to meet the design or maintenance standards required for storm water facilities under this chapter, the City of Forest Hills, 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 storm water management facility becomes a danger to public safety or public health, the City of Forest Hills shall notify in writing the party responsible for maintenance of the storm water management facility. Upon receipt of that notice, the responsible person shall have ten days to effect maintenance and repair of the facility in an approved manner. In the event that corrective action is not undertaken within that time, the City of Forest Hills may take necessary corrective action. The cost of any action by the City of Forest Hills under this section shall be charged to the responsible party.

(6)

Waivers.

(a)

General. Every applicant required to submit a storm water management plan as stated in § 14-504(1)(b)(i) or as otherwise required by the City of Forest Hills shall provide for post-construction storm water management as required by this chapter. Requests to waive the storm water management plan requirements shall be submitted to the City of Forest Hills for approval.

(b)

Conditions for waiver. The minimum requirements for storm water management may be waived in whole or in part upon written request of the applicant, provided that at least one of the following conditions applies:

(i)

It can be demonstrated that the proposed development is not likely to impair attainment of the objectives of this chapter.

(ii)

Alternative minimum requirements for on-site management of storm water discharges have been established in a storm water management plan that has been approved by the City of Forest Hills.

(iii)

Provisions are made to manage storm water by an off-site facility. The off-site facility must be in place and designed to provide the level of storm water control that is equal to or greater than that which would be afforded by on-site practices. Further, the facility must be operated and maintained by an entity that is legally obligated to continue the operation and maintenance of the facility.

(c)

Downstream damage, etc. prohibited. In order to receive a waiver, the applicant must demonstrate to the satisfaction of the City of Forest Hills that the waiver will not lead to any of the following conditions downstream:

(i)

Deterioration of existing roadway or driveway culverts, bridges, dams, and other structures;

(ii)

Degradation of biological functions or habitat;

(iii)

Accelerated streambank or streambed erosion or siltation;

(iv)

Increased threat of flood damage to public health, life or property.

(d)

Land disturbance permit not to be issued where waiver requested. No land disturbance permit shall be issued where a waiver has been requested until the waiver is granted. If no waiver is granted, the plans must be resubmitted with a storm water management plan.

(7)

Post-construction Maintenance Agreement:

(a)

The owner of property to be served by an on-site storm water management facility must execute an inspection and maintenance agreement that shall operate as a deed restriction binding on the current property owner and all subsequent property owners.

(b)

The maintenance agreement shall:

(i)

Assign responsibility for the maintenance and repair of the storm water facility to the owner of the property upon which the facility is located and be recorded as such on the plat for the property by appropriate notation.

(ii)

Provide for a periodic inspection by the property owner for the purpose of documenting maintenance and repair needs and ensure compliance with the purpose and requirements of this chapter. The agreement shall also provide that the City of Forest Hills may require additional inspections to be conducted by a registered professional engineer licensed to practice in the State of Tennessee who will submit a sealed report of the inspection to the City of Forest Hills, and that the cost of such inspections shall be paid by the property owner. It shall also grant permission to the city and its agents to enter the property at reasonable times and to inspect the storm water facility to ensure that it is being properly maintained.

(iii)

Provide that the minimum maintenance and repair needs include, but are not limited to: the removal of silt, litter and other debris, the cutting of grass, grass cuttings and vegetation removal, and the replacement of landscape vegetation, in detention and retention basins, and inlets and drainage pipes and any other storm water facilities. It shall also provide that the property owner shall be responsible for additional maintenance and repair needs consistent with the needs and standards outlined in the BMP manual.

(iv)

Provide that maintenance needs must be addressed in a timely manner, on a schedule subject to the review and/or amendment by the City of Forest Hills.

(c)

If the property or BMP owner fails to maintain or repair the storm water management system within a schedule prescribed by the City, the City of Forest Hills shall perform the maintenance and repair at its expense, and bill the same to the property owner. The City of Forest Hills's cost of performing the maintenance shall be a lien against the property.

(Ord. No. 2020-01, 4-16-2020)

(1)

Right of Entry. The City Manager, or his designee, may enter upon any property which discharges or contributes, or is believed to discharge or contribute, to storm water runoff or the storm water system, stream(s), natural drainageway(s) or via any other private or public storm water management system during all reasonable hours to monitor, remove foreign objects or blockages, and to inspect for compliance with the provisions of this chapter.

(2)

Inspection of storm water facilities. The City of Forest Hills may, to the extent authorized by state and federal law, establish inspection programs to verify that all storm water management facilities, including those built before as well as after the adoption of this chapter, are functioning within design limits. These inspection programs may be established on any reasonable basis, including but not limited to: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants; inspections of 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 municipality's NPDES storm water permit; and joint inspections with other agencies inspecting under environmental or safety laws. 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.

(3)

Storm Water Facilities.

(a)

Denuded areas must be vegetated or covered under the standards and guidelines specified in the BMP manual and on a schedule acceptable to the City of Forest Hills.

(i)

Cuts and slopes must be properly covered with appropriate vegetation and/or retaining walls constructed.

(ii)

Drainage ways shall be properly covered in vegetation or secured with rip-rap, channel lining, etc., to prevent erosion.

(iii)

Trash, junk, rubbish, etc. shall be cleared from drainage ways.

(iv)

Storm water runoff shall be controlled to the extent reasonable to prevent pollution of local waters.

(b)

Requirements for existing problem locations. The City of Forest Hills shall in writing notify the owners of existing locations and developments of specific drainage, erosion or sediment problem affecting such locations and developments, and the specific actions required to correct those problems. The notice shall also specify a reasonable time for compliance.

(c)

Appeals. Corrective measures imposed by the City Manager under this section are subject to appeal under § 14-512 of this chapter.

(Ord. No. 2020-01, 4-16-2020)

(1)

Scope. This section shall apply to all water generated on developed or undeveloped land entering the municipality's separate storm sewer system.

(2)

Prohibition of illicit discharges. No person shall introduce or cause to be introduced into the municipal separate storm sewer system any discharge that is not composed entirely of storm water. The commencement, conduct or continuance of any non-storm water discharge to the municipal separate storm sewer system is prohibited except as described as follows:

(a)

Uncontaminated discharges from the following sources:

(i)

Water line flushing or other potable water sources,

(ii)

Landscape irrigation or lawn watering with potable water,

(iii)

Diverted stream flows,

(iv)

Rising ground water,

(v)

Groundwater infiltration to storm drains,

(vi)

Pumped groundwater,

(vii)

Foundation or footing drains,

(viii)

Crawl space pumps,

(ix)

Air conditioning condensation,

(x)

Springs,

(xi)

Non-commercial washing of vehicles,

(xii)

Natural riparian habitat or wet-land flows,

(xiii)

Swimming pools (if dechlorinated - typically less than one PPM chlorine),

(xiv)

Fire fighting activities, and

(xv)

Any other uncontaminated water source.

(b)

Discharges specified in writing by the City of Forest Hills as being necessary to protect public health and safety.

(c)

Dye testing is an allowable discharge if the City of Forest Hills has so specified in writing.

(3)

Prohibition of illicit connections.

(a)

The construction, use, maintenance or continued existence of illicit connections to the separate municipal storm sewer system is prohibited.

(b)

This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.

(4)

Reduction of storm water pollutants by the use of best management practices. Any person, company, or facility responsible for a property or premises, which is, or may be, the source of an illicit discharge, may be required to implement, at the person's expense, the BMPs necessary to prevent the further discharge of pollutants to the municipal separate storm sewer system. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of storm water associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this section.

(5)

Notification of spills. Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting in, or may result in, illicit discharges or pollutants discharging into storm water, the municipal separate storm sewer system, the person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials the person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, the person shall notify the City of Forest Hills in person or by telephone or facsimile no later than the next business day. Notifications in person or by telephone shall be confirmed by written notice addressed and mailed to the City of Forest Hills within three business days of the telephone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years.

(Ord. No. 2020-01, 4-16-2020)

(1)

Scope. A water quality buffer shall be established, protected, and maintained along all "Community Waters" in areas of new development and redevelopment for which a land disturbance permit, as defined in § 14-504, is required. All water quality buffers shall be clearly marked on site development plans, Grading Permit applications, plats, and/or concept plans. "Community waters" means and includes: (i) Intermittent and perennial streams (and their source springs), (ii) Lakes and ponds with hydrologic connectivity (stream leading into/out of the pond or obvious spring input, (iii) Wetlands that have been identified by the U.S. Army Corps of Engineers, TDEC, or City of Forest Hills or Metro staff, and (iv) Wet weather conveyances,

(2)

Buffer Widths. Widths shall be either (i) as described in Metropolitan Nashville-Davidson County Stormwater Management Manual, Volume 1 — Regulations, Section 6.9.2, (ii) as described in NPDES Construction Stormwater General Permit, Section 4.1.2, or (iii) The buffer shall measure 30 feet perpendicular from the top of bank on each side of the community water channel; 30 feet around the perimeter of a pond or lake identified as a community water measured as perpendicular to the contour at which normal pool is located around; and 30 feet around the perimeter of a wetland identified as a community water, whichever is more restrictive.

(a)

The water quality buffer is to remain undisturbed except for the following disturbances which are allowed subject to approval by the City Manager including the approval of an erosion prevention and sediment control plan:

(i)

Limited disturbances to remove and/or plant trees or vegetation, as required to maintain the overall health of vegetation in the buffer area.

(ii)

Removal of individual trees that are in danger of falling, causing damage to dwellings or other structures, are dead or diseased, or have been heavily damaged by storms. The root wad or stump should be left in place, where feasible, to maintain soil stability.

(iii)

Disturbances necessary for the construction of utility access areas and approved stream crossings as long as the crossings are perpendicular or as near to perpendicular as possible to the channel.

(iv)

Disturbances as required to establish and/or restore buffer areas in accordance with an approved Buffer Enhancement Plan.

(b)

Any approved disturbance of the water quality buffer shall be revegetated in kind and/or enhanced subject to the requirements of § 14-506(2)(a) of this chapter and approval of the City Manager. The vegetative target for the inner zone is mature, moderately dense forest (i.e., trees) with woody shrubs and understory vegetation. Where forest vegetation has the potential to impact traffic safety or limit access, areas immediately surrounding approved stream crossings and utility access areas may be vegetated with dense grasses.

(Ord. No. 2020-01, 4-16-2020)

(1)

Enforcement authority. The City Manager shall have the authority to issue notices of violation and citations, to issue cease and desist orders, and to impose the civil penalties provided in this section.

(2)

Notification of violation.

(a)

Written Notice. Whenever the City Manager finds that any permittee or any other person discharging storm water has violated or is violating this chapter or a permit or order issued hereunder, the City Manager may serve upon such person written notice of the violation. Within ten days of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted to the City Manager. Submission of this plan in no way relieves the discharger of liability for any violations occurring before or after receipt of the notice of violation.

(b)

Consent Orders. The City Manager is empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the person responsible for the noncompliance. Such orders will include specific action to be taken by the person to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as administrative orders issued pursuant to paragraphs (d) and (e) below.

(c)

Show Cause Hearing. The City Manager may order any person, company, or facility who violates this chapter or permit or order issued hereunder, to show cause why a proposed enforcement action should not be taken. Notice shall be served on the person specifying the time and place for the meeting, the proposed enforcement action and the reasons for such action, and a request that the violator show cause why this proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten days prior to the hearing.

(d)

Compliance Order. When the City Manager finds that any person has violated or continues to violate this chapter or a permit or order issued there under, he may issue an order to the violator directing that, following a specific time period, adequate structures, devices, be installed or procedures implemented and properly operated. Orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including the construction of appropriate structures, installation of devices, self-monitoring, and management practices.

(e)

Cease and Desist Orders. When the City Manager finds that any person, company, or facility has violated or continues to violate this chapter or any permit or order issued hereunder, the director may issue an order to cease and desist all such violations and direct those persons in noncompliance to:

(i)

Comply forthwith; or

(ii)

Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating the discharge.

(3)

Conflicting standards. Whenever there is a conflict between any standard contained in this chapter and in the BMP manual adopted by the municipality under this chapter, the strictest standard shall prevail.

(Ord. No. 2020-01, 4-16-2020)

(1)

Violations. Any person, company, or facility who shall commit any act declared unlawful under this chapter, who violates any provision of this chapter, who violates the provisions of any permit issued pursuant to this chapter, or who fails or refuses to comply with any lawful communication or notice to abate or take corrective action by the City of Forest Hills, shall be guilty of a civil offense.

(2)

Penalties. Under the authority provided in Tennessee Code Annotated, § 68-221-1106, the municipality declares that any person, company, or facility violating the provisions of this chapter may be assessed a civil penalty by the City of Forest Hills of not less than $50.00 and not more than $5,000.00 or such lesser amount as may be allowed by law per day for each day of violation. Each day of violation shall constitute a separate violation. The penalty may increase by a multiplier for every subsequent but separate offense made by the same person, company, or facility. The penalty shall be additional to other enforcement actions of this section. The penalty may be assessed by the City Manager, or designee, for each day beyond schedules applied in compliance orders or other schedules issued to the property owner or other person responsible for unauthorized activity defined in this chapter.

(3)

Measuring civil penalties. In assessing a civil penalty, the City Manager may consider:

(a)

The harm done to the public health or the environment;

(b)

The duration and gravity of the violation;

(c)

Whether the violation was committed willfully or intentionally;

(d)

Whether the civil penalty imposed will be a substantial economic deterrent to the illegal activity;

(e)

The economic benefit gained by the violator;

(f)

The amount of effort put forth by the violator to remedy this violation;

(g)

Any unusual or extraordinary enforcement costs incurred by the municipality;

(h)

The amount of penalty established by chapter or resolution for specific categories of violations; and

(i)

Any equities of the situation which outweigh the benefit of imposing any penalty or damage assessment.

The maximum civil penalties shall be determined by the City Manager, or designee, based on the type of offense. This indicates the maximum that may be imposed for a first offense and does not reflect the increases described above for repeat offenses.

Development without permit—$5,000.00. To engage in any development, use, construction, remodeling, or other activity of any nature upon land or improvements thereon subject to the jurisdiction of this title without all required permits, certificates, or other forms of authorization as set forth in this title.

Development inconsistent with permit—$2,500.00. To engage in any development, use, construction, remodeling, or other activity of any nature in any way inconsistent with any approved plan, permit, certificate, or other form of authorization granted for such activity.

Violation by act or omission—$5,000.00. To violate, by act or omission, any term, variance, modification, condition, or qualification placed by the city or its agent departments upon any required permit, certificate, or other form of authorization of the use, development, or other activity upon land or improvements thereon.

Illicit discharge—$5,000.00. Any person, company, or facility who is found to have improperly disposed of any substance that causes the city to be in noncompliance with any applicable environmental permit.

(4)

Recovery of damages and costs. In addition to the civil penalty in subsection (2) above, the municipality may recover:

(a)

All damages proximately caused by the violator to the municipality, which may include any reasonable expenses incurred in investigating violations of, and enforcing compliance with, this chapter, or any other actual damages caused by the violation; and

(b)

The costs of the municipality's maintenance of storm water facilities when the user of such facilities fails to maintain them as required by this chapter.

(5)

Other remedies. The municipality may bring legal action to enjoin the continuing violation of this chapter, and the existence of any other remedy, at law or equity, shall be no defense to any such actions.

(6)

Remedies cumulative. The remedies set forth in this section shall be cumulative, not exclusive, and it shall not be a defense to any action, civil or criminal, that one or more of the remedies set forth herein has been sought or granted.

(Ord. No. 2020-01, 4-16-2020)

Pursuant to Tennessee Code Annotated, § 68-221-1106(d), any person, company, or facility aggrieved by the imposition of a civil penalty or damage assessment as provided by this chapter may appeal said penalty or damage assessment to the municipality's governing body.

(1)

Appeals to be in writing. The appeal shall be in writing and filed with the municipal recorder within 15 days after the civil penalty and/or damage assessment is served in any manner authorized by law.

(2)

Public hearing. Upon receipt of an appeal, the municipality's governing body shall hold a public hearing within 30 days. Ten days prior notice of the time, date, and location of said hearing shall be published in a daily newspaper of general circulation and on the City's website. Ten days notice by registered mail shall also be provided to the aggrieved party, such notice to be sent to the address provided by the aggrieved party at the time of appeal.

(3)

Appealing decisions of the municipality's governing body. Any alleged violator may appeal a decision of the municipality's governing body pursuant to the provisions of Tennessee Code Annotated, title 27, chapter 8.

(Ord. No. 2020-01, 4-16-2020)

This ordinance [comprising this chapter] shall take effect 15 days after its passage on Second Reading, the welfare of the City of Forest Hills requiring it.

(Ord. No. 2020-01, 4-16-2020)