ARTICLE  4 - Section 4.100 - 4.190

 SUPPLEMENTARY PROVISIONS APPLYING TO SPECIFIC DISTRICTS

SECTION

4.100.    Development Standards for Mobile Home Parks

4.110.    Development Standards for Automobile Wrecking, Junk and
             Salvage Yards

4.120.    Development Standards for Cemeteries

4.130.    Alcohol and/or Substance Abuse Facilities

4.140.   Litter, Refuse, Garbage, Junk, Debris, Vacant Dilapidated Buildings
            or Structures Control Regulations

4.150.   Requirements for the Storage of Abandoned, Dismantled Junk Vehicles
             and Parts

4.160.    Landscape Screening & Buffering Requirements

4.170.    Storm Water Control Standards

4.180.    Erosion and Sedimentation Control

4.190    Waste Disposal Facilities Location and Design Standards

4.100.  Development Standards for Mobile Home Parks.  The following land development standards shall apply for all mobile home parks:

 

A.      No parcel of land containing less than two (2) acres and less than ten (10) mobile home spaces available at the time of first occupancy shall be utilized for a mobile home park.

 

B.       Mobile home parks shall be restricted to a maximum of fifty (50) sites per park.

 

C.       The mobile home park shall be located on a well‑drained site properly graded to insure rapid drainage and to avoid the possibility of stagnant pools of water.

 

D.     Dimensional Requirements for Parks.

 

1.  Each mobile home park shall have a front yard of fifty (50) feet exclusive of any required yards for each mobile home space extending for the full width of the parcel devoted to said use.

 

2.  Each mobile home park shall provide rear and side yards of not less than twenty‑five (25) feet exclusive of any required yards for each mobile home space from the parcel boundary.

 

3.  In instances where a side or rear yard abuts a public street, said yard shall not be less than fifty (50) feet.

 

4.  No building or structure erected or stationed in a mobile home park shall have a height greater than two (2) stories or thirty (30) feet.

 

5.  Each mobile home park shall be permitted to display on each street frontage one (1) identifying sign of a maximum size of twenty (20) square feet.  Said sign(s) shall contain thereon only the name and address of the park and may be lighted by indirect lighting only.

 

E.     Dimensional Requirements for Mobile Home Spaces:  Each mobile home space shall be of sufficient size that, in addition to the mobile home, the following space shall be provided:

 

1.  Each mobile home space shall be at least fifty (50) feet wide and such space shall be clearly defined by permanent markers.

 

2.  There shall be a front yard setback of twenty (20) feet from all access roads within the mobile home park.

 

3.  Each mobile home shall have a minimum side yard setback of not less than fifteen (15) feet and a rear yard setback of not less than fifteen (15) feet.  No mobile home shall be located closer than (20) feet from any building within the mobile home park.

 

4.  There shall be at least two (2) paved off‑street parking spaces for each mobile home space, which shall be on the same site s the trailer served, and may be located in the rear or side yard of said trailer space.

 

5.  Each mobile home space shall be provided with a paved patio of at least two hundred (200) square feet.

 

6.  Each mobile home space shall be provided with a pad which shall be a minimum of twelve (12) feet by fifty (50) feet, which shall be constructed of four (4) inches of compacted gravel.

 

7.  The mobile home park shall be developed to a density compatible with the district in which it is located; however, the minimum lot area per mobile home space with public water and sewer shall be five thousand (5,000) square feet.  For double‑wide mobile homes, the minimum lot size shall be seventy‑five hundred (7,500) square feet.  In areas without public wastewater service the minimum lot area shall be seven thousand five‑hundred (7,500) square feet for single‑wide mobile homes and ten thousand (10,000) square feet for a double‑wide mobile home unless a higher density is approved by the Loudon County Sanitarian and the Board of Zoning Appeals after appropriate soils tests have been completed and analyzed as to the capability of the soils to accommodate a septic tank and drain field.

 

No mobile home park shall be permitted unless such park is served by a

public water supply.

 

8.  The location of mobile home parks is restricted to the R‑1, Residential District.  The distance between mobile home parks shall not be less than one (1) mile measured in a straight line.

 

F.     General Requirements

 

1.  Roads within the mobile home park shall be paved to a width of not less than twenty‑four (24) feet in accordance with the procedures and standards for minor residential streets as specified in the Loudon County Subdivision Regulations and the Loudon County Road Acceptance Standards Manual; however, requirements for concrete curbs may be waived at the discretion of the board, and the right‑of‑way shall only be of sufficient width to include the road surface itself and necessary drainage facilities.  All roads within the mobile home park shall be private roads and shall not be accepted as public roads.

 

2.  All mobile home spaces within the park shall abut the access road as described in subsection F.1 of this article.

 

3.  Each mobile home space shall be provided with a connection to the sanitary sewer line or to a sewer system approved by the Loudon County Sanitarian and Board of Zoning Appeals.

 

4.  Trailers, with or without toilet facilities, that cannot be connected to an approved sewer system shall not be permitted in a mobile home park.

 

5.  Cabanas, travel trailers, and other similar enclosed structures are prohibited.

 

6.  Mobile homes shall not be used for commercial, industrial, or other nonresidential uses within the mobile home park, except that one (1) mobile home in the park may be used to house a rental office.

7.  Ground anchors shall be installed at each mobile home space to permit tie-downs of mobile homes.

 

G.      Plans and Schedules Required.  The following information shall be shown on the required site plan.

 

1.  The location and legal description of the proposed mobile home park.

 

2.  The location and size of all building, improvements, and facilities constructed or to be constructed within the mobile home park.

 

3.  The proposed use of buildings shown on the site plan.

 

4.  The location and size of all mobile home spaces.

 

5.  The location of all points of entry and exit for motor vehicles and the internal circulation pattern.

 

6.  The location of all off‑street parking facilities.

 

7.  The location of park and recreation areas.

 

8.  The name and address of the applicant.

 

9.  Such other architectural, engineering, and topographic data as may be required to permit the local health department, the Loudon County Building Commissioner, staff planner, and the Board of Zoning Appeals to determine if the provisions of these regulations are being complied with shall be submitted with the site plan.

 

10.     The location and name of the nearest mobile home park(s).

 

11.     A time schedule for development shall be prepared, which shall demonstrate the applicant's readiness and ability to provide the proposed services.  Said time shall be for a period of not more than one (1) year.

 

H.     Application for Mobile Home Park Building Permit.  An application for a permit to develop and construct a mobile home park shall be filed in accordance with Article 7, Section 7.060 of this resolution and shall be accompanied by all site plans, schedules, and other information herein required.  Said application shall be processed in the following manner:

 

1.  The written application, plans, and schedules herein required, and a statement of approval of the proposed sewage disposal system from the Loudon County Sanitarian will be submitted to the Loudon County Building Commissioner and staff planner shall duly review these materials and shall coordinate and review with other affected agencies and departments.

 

2.  The Loudon County Building Commissioner and staff shall, after review, recommend approval or disapproval of the proposed mobile home park to the board of zoning appeals which then may authorize the issuance of a permit for construction of the park as approved, or state the conditions under which approval for construction may be granted.

 

              4.110.  Development Standards for Automobile Wrecking, Junk and Salvage Yards.  Because of the nature and character of their operations, automobile wrecking and salvage yard, junk yards, and similar uses of land can have a decidedly detrimental affect upon surrounding properties.  Salvage and wrecking yards tend to create problems of noise, dust, traffic and health hazards, and may adversely affect property values by their general appearance. The following standards shall be used as a guide in evaluating whether proposed land uses such as those outlined above, will have properly minimized their objectionable characteristics:

 

A.      All motor vehicles stored or kept in such yards shall be so kept that they will not catch and hold water in which mosquitoes may breed and so that they will not constitute a place or places in which rats, mice, or other vermin may be harbored, reared, or propagated.

 

B.     Because of the tendency for salvage yards to promote the breeding of vermin, no such operation shall be permitted closer than three hundred (300) feet from any established residential zone.

 

C.       All outdoor storage of salvage and wrecking operations shall be conducted entirely within an enclosed opaque fence, screen, or wall, excepting driveway areas, from eight (8) to twelve (12) feet in height.  Storage between the road or street and such fence, screen, or wall is expressly prohibited.  Any fence, screen, or wall for concealment shall be maintained in good condition.

 

D.      All such yards shall be so maintained as to be in a sanitary condition and so as not to be a menace to public health and safety.

 

E.     Off‑Road Parking:  As regulated in Article 4, Section 4.010.

 

F.     Ingress and Egress:  The number of vehicular access driveways permitted on any single street frontage shall be limited to:

 

1.  One (1) driveway where the parcel to be used has a maximum road or street frontage of one hundred (100) feet or less.

 

2.  Two (2) driveways where the road or street frontage exceeds one hundred (100) feet.  Driveways used for ingress and egress shall be limited to twenty‑five (25) feet in width maximum, exclusive of curb returns.

 

G.      Except for nonconforming yards, no automobile wrecking, junk or salvage yard shall be permitted within three hundred (300) feet of any public road in Loudon County except where a more stringent state or federal law applies.

 

H.     Application for Automobile Wrecking, Junk, or Salvage Yard Permit.  No person shall own or maintain an automobile wrecking, junk, or salvage yard within Loudon County until he has secured a permit from the Loudon County Board of Zoning Appeals. An application for said permit shall be filed in accordance with Article 7, Section 7.060 of this resolution and shall be accompanied by a detailed site plan, a schedule for construction, and any other information herein required.  Said application shall be submitted along with any plans, schedules and a statement of approval of the site percolation and drainage characteristics from the Loudon County Sanitarian.  The board shall vote to approve or disapprove the application in accordance with the time schedule in Section 7.060.

 

4.120.  Development Standards for Cemeteries.

 

          A.     The following standards shall be imposed upon the development and construction of cemeteries in Loudon County.

 

     1. The site proposed for a cemetery shall not interfere with the development of a system of collector and larger streets in the vicinity of such site.  In addition, such site shall have direct access to a thoroughfare.

 

     2. Any new cemetery shall be located on a site containing not less than twenty (20) acres.

 

     3. All structures, including but not limited to mausoleums, permanent monuments, or maintenance buildings shall be set back not less than twenty‑five (25) feet from any property line or street right‑of‑way line.

 

     4. All graves or burial lots shall be set back not less than twenty‑five (25) feet from any property line or street right‑of‑way line.

 

     5. All required yards shall be landscaped and maintained in good order in accordance with state and local regulations.

 

          B.     Application for Cemetery Permit.  No person shall develop, construct, or maintain a cemetery in Loudon County until he has secured a permit from the Loudon County Board of Zoning Appeals.  Any application for said permit shall be filed in accordance with Article 7, Section 7.060, of this Resolution, and shall be accompanied by a detailed site plan, a schedule for construction and other information herein required.  Said application shall be considered by the Board and shall be approved or not approved within sixty (60) days from the date of submission.  The Board of Zoning Appeals may require such additional information from the applicant as it feels is necessary to properly review the proposed development.

 

4.130.  Alcohol and/or Substance Abuse Facilities.  The development of Alcohol and/or substance abuse facilities shall be prohibited in the A‑1, Agriculture Forestry District, A‑2, Rural Residential District and R‑1, Suburban Residential District.

 

4.140.  Litter, Refuse, Garbage, Junk and Debris, Vacant Dilapidated Buildings or Structures Control Regulations.

 

          A.     General Provisions:  The following requirements shall apply to all zoning districts for the purpose of controlling the storage, placement, collection of junk, garbage, litter, refuse, rubbish or discarded material, and vacant and dilapidated buildings and structures which are unsafe.  These regulations are promulgate under authority of Tennessee Code Annotated 39‑3‑1010 and 5‑1‑115.

 

     1. No owner, occupant, or resident of any real property (land and/or building) shall permit or allow garbage, litter, rubbish, or refuse to accumulate upon or in such real property.

 

     2. The owner, occupant, or resident of real property, where refuse accumulates or has accumulated in violation of these regulations, shall take appropriate measures to gather up or otherwise collect and remove the refuse.

 

     3. Removal of the refuse in accordance with these regulations shall include the transfer of the refuse to an appropriate and lawful landfill or dump site, whether public or private.

 

     4. During or after the removal of refuse in accordance with these regulations, if it becomes necessary to store the refuse while it awaits transfer or further collection, the refuse shall be stored in a lawful manner consistent with the nature of the refuse that does not further endanger the inhabitants of the county.  Temporary storage of such collected refuse shall be permitted; however, such refuse shall be removed within five (5) days.

 

     5. If the Building Commissioner determines that a violation of these regulations exists, the Commissioner shall provide notice to the owner of record of the property upon which the conditions creating the violation is located to remedy the condition immediately within twenty (20) days.  The notice shall be by personal service on the owner or by mailing by United States mail (certified, return receipt requested) to the owner of record at the last known address.  If the whereabouts of such person(s) is unknown and the same cannot be ascertained by the Building Commissioner in the exercise of reasonable diligence, then the Building Commissioner shall serve notice by publishing the same in a newspaper of general circulation in the County once each week for three (3) consecutive weeks.  The above notices whether by mail or published in a newspaper, shall contain but not be limited to the following items:

 

a. A brief statement identifying these regulations.

 

b. The person, office, address, and telephone number of the department or person giving notice.

 

c. A cost estimate for remedying the noted conditions which shall be in conformity with standards of cost in the County.

 

d. A brief statement informing the recipient of the notice that an appeal to the Loudon County Board of Zoning Appeals may be requested, said request to be received by the Building Commissioner in writing within twenty (20) days of receipt of the notice to the owner or date of last publication of said notice.  Appeals before the Board shall conform to Section 7.070 of the Zoning Resolution.

 

e. The place where the recipient of the notice can return a copy of the notice indicating a request for hearing.

 

f. A brief description of the property including the property's location utilizing street address, if available, street name, and tax map and parcel numerical designations.

 

          B.     Failure to Comply

 

     1. If a violation of these regulations is not remedied within twenty (20) days following personal service receipt of notice or completion of public notice within the newspaper, or if a hearing is not requested as stated in A.5(d), or if such violation continues for twenty (20) days following a hearing before the Board, wherein the decision of the Building Commissioner is sustained by the Board, then the Building Commissioner shall commence the process to remedy the condition causing the violation by one of the following methods:

 

a. By contracting with a private party for the job in accordance with any purchasing laws in effect; or

 

b. By reaching agreement with the chief administrative officer of the County Highway Department for that department to remedy the condition.  If this option is used, the highway fund shall be reimbursed for the cost of the job from the general fund.

 

     2. If the County remedies a condition causing a violation, the County shall file a certified and acknowledged copy of the Notice of Lien affecting the owners property with the County Register of Deeds after the work is completed.  At the same time, the Building Commissioner shall send a statement by certified mail (return receipt requested) to the property owner, or if the whereabouts of the owner is unknown, publish a notice once in a newspaper of general circulation, itemizing the cost of remedying the condition causing the violation.  If the owner fails to reimburse the County for the cost of removal (including publication and recording expenses) within sixty (60) days from the date of notification or publication, the monetary amount shown on the statement shall constitute a lien upon the property as of the date the notice is filed with the Register of Deeds.

 

     3. The cost of all remedies effected by the Building Commissioner shall be defrayed from general fund appropriations for this purpose, but the general fund shall be reimbursed by the property owner in accordance with these regulations.  Such lien shall be satisfied to the extent of the value of the consideration received at the time of any transfer of ownership of said property, and if the lien is not fully satisfied at the time of transfer, it shall remain a lien on the property until fully satisfied.  If the property is not transferred within one year from the date notice is filed with the Register of Deeds, the property shall be sold by the County to satisfy the lien, following the procedure set by law for the satisfaction of other liens.  The lien shall remain in effect until the sale is completed or until all appeals have been heard.

 

          C.     Appeals

 

     1. The property owner may request a hearing to the Board as permitted in A. 5(d).  Such hearing shall be held at the next meeting of the Board of Zoning Appeals after the request is made unless a later date is agreed to by the owner.  Failure to make the demand for a hearing within the time limit specified shall constitute a waiver of the right to a hearing.  Following the hearing, the Board may modify, dismiss, or confirm the notice. After the Notice of Lien is filed with the Register of Deeds, if such property owner is aggrieved by the amount of the lien filed, such owner may submit the matter to the chancery court for Loudon County to determine the appropriate amount of the lien.  The decision of the court may be appealed according to the Tennessee Rules of Appellate Procedure.

 

          D.     Exceptions

 

          No provision of these regulations shall be construed as applying to any business being operated pursuant to Tennessee Code Annotated, Section 68‑31‑101, et seq.

 

          E.     Other Proceedings

 

          Any proceedings, other than those listed herein, also shall conform to the provisions of Tennessee Code Annotated, Section 39‑3‑1010 (as amended, August 7, 1989).

 

4.150.  Requirements for the Storage of Abandoned, Dismantled Junk Vehicles and Parts.  The following requirements shall apply to the storage or placement of the above mentioned vehicles or parts thereof:

 

1.  Within any residential district no commercial vehicle engine repair or body repair operation shall be permitted except those businesses operating under the nonconforming provisions of this Resolution.  The repair of vehicles titled to persons residing on the premises or for immediate members of the family shall be permitted; however, exterior storage of dismantled, abandoned or junk vehicles or parts thereof is prohibited.

 

2.  Within any commercial district any vehicle engine repair or body repair operation permitted to operate within the district shall conform to the following:

 

     Any dismantled, partially dismantled, junk vehicle or parts of same, shall be located within an enclosed area and completely screened from view to adjoining properties and/or from any public road, street, highway or thoroughfare (as amended (5/6/91).

 

4.160  Landscape Screening & Buffering Requirements.  The following requirements shall apply to all multi‑family, office and commercial developments:

 

          A.     Landscaping

 

          Landscaping shall be integrated into building arrangements, topography, parking, and buffering requirements.  Landscaping shall include trees, shrubs, ground cover, perennials, annuals, art, and the use of building and construction materials in a manner that respects the natural topographic features and natural resources of the site.  A detailed landscape plan shall be submitted with the site plan when requesting a building permit.

 

          For each acre, or fraction thereof, the following minimum standards shall apply:

 

          Canopy Trees:  Three (3) canopy trees with a minimum five (5) inch caliper; or six (6) canopy trees with a minimum three (3) inch caliper; or eight (8) canopy trees with a minimum two (2) inch caliper.

 

          Shrubs:     Thirty‑five (35) shrubs with a minimum height of 18 inches.

 

          Minimum Area: There shall be a minimum of ten (10) square feet of landscaping for each parking space provided within the development.  Retail automobile sales establishments shall conform to one‑half the minimum requirements.

 

          Location:     Landscaping shall be integrated into parking areas, buffer areas and open spaces.  The design shall maximize the visual effect to motorists and adjacent properties. Consideration will be given to mature trees which remain on the site following completion of construction.  Trees with a caliper size less than the minimum stated above will not be calculated as mature trees.


B.     Screening & Buffering

 

          Parking areas in commercial areas shall be adequately screened/buffered so as not to be visible from contiguous residential areas and shall have limited visibility from adjoining streets.  The impacts of headlight glare, noise, and traffic movement shall be mitigated by utilizing berms, evergreens, shrubs, deciduous trees or any combination to achieve the stated objective.  Screening shall not be less than six (6) feet in height, shall be provided from the grade of the property upward and shall be permanently maintained.  The screening/buffer area shall be fifteen (15) feet wide and shall be located along the front perimeter of the property between the roadway and parking areas of the development.  The area shall not be utilized for parking or structures.  If plant materials are used for screening, they shall cover a minimum of ten (10) feet in width along the property line.

 

          C.     Alternative Design Proposals

 

          The Board of Zoning Appeals is granted the authority to consider & approve alternative design proposals which meet or exceed the intent of these requirements.

 

4.170 Storm Water Control Standards

 

          A.     Purpose:  To effectively control the discharge of storm water resulting from urban development and to protect public and private properties from inundation of storm water.

 

          B.     Definitions:

 

          Ten‑year frequency flood ‑ a flood with a ten percent (10%) chance of being equaled or exceeded in any given year.

 

          Detention Basin:  A permanent basin constructed to protect downstream facilities by providing temporary storage of peak discharges from surface water runoff on a developed site and releasing the stored water at controlled rates not to exceed pre‑development discharges under specified storm frequencies.

 

          Pre‑development Discharge:  The present or natural peak storm water discharge from a site generally before significant development occurs and within a specified storm duration and frequency.

 

          Post‑development Discharge:  The present or natural peak storm water discharge from a fully developed site within a specified storm duration and frequency.

 

          Watercourse:  Any natural or artificial stream, river, creek, channel, ditch, canal, conduit, culvert, drain, waterway, gully, ravine, street, roadway, or wash in which water flows in a definite direction or course, either continuously or intermittently, and which has a definite channel, bed or banks, and shall include any area adjacent thereto subject to inundation by reason of overflow of surface water.

 

          C.     Watercourse Protection:  Watercourses shall be maintained in order to carry storm water from adjacent properties or public rights‑of‑way.  The filling of any watercourse is prohibited unless the property owner/developer can successfully demonstrate that an alternative approach will meet the intent of this section.  The county engineer shall approve any alternative plan and the filling of any existing watercourse, not within a designated floodplain.

 

          D.     Drainage System Design Criteria:  The following criteria shall be followed in the design and installation of storm water drainage systems:

 

     1. The installation of drainage pipe is required for all driveways which connect into a County road.  This requirement and specifications herein noted, is applicable on any roadway section which does not have curbing.

 

     2. Driveway side drains shall be a minimum of 16 gauge for corrugated metal pipe (CMP), or class III concrete for pipe diameters to 18".  For pipe 24" in diameter or larger, the CMP shall be 14 gauge or class III concrete.  Pipe shall extend beyond the edges of the driveway and shall terminate with a concrete flared headwall (see illustrations 1 & 2).  No pipe shall be installed which is less than 15" in diameter.  For single family driveway permits, the county engineer shall determine the need for or minimum size pipe for installation.  The engineer shall also have the authority to approve an alternative headwall design which is suitable for the site.

 

     3. Catch Basins shall be integrated into any new roadway construction where curbing will be installed.  Catch basins shall be TDOT 12‑32 (standard drawing D‑CB‑12‑32) modified to accept the frame and grate as shown on standard drawing D‑CBB‑12A or other designs of comparable quality as approved by the county.  Total casting weight shall be a minimum of 730 lbs. per catch basin.  Castings shall be aligned using plan normal gutter elevations which shall be adjusted to allow for a 2' sump at face of curb.

 

     4. Enclosed storm drains which collect and convey drainage on, across, and through public rights‑of‑way shall comply with standards for driveway side drains.  Pipe shall extend beyond the ROW and shall terminate with a flared concrete headwall (see illustration 1).  Rip rap/quarry or field stone 4" to 8" shall be placed a minimum of 6' beyond the headwall and laid over erosion control matting material equal to Erosion Control Fabric 955 by Synthetic Industries Inc.

 

     5. Standards for enclosed systems:  The minimum design criteria used for calculating the size of enclosed drainage systems shall be based on a ten‑year (10) flood frequency, 24 hour duration storm.  For major system designs, the county engineer and development engineer shall determine other appropriate criteria which is consistent with the intent of this section.

 

     6. All hydrologic and hydraulic computations utilized in the design of storm water appurtenances and detention facilities must be prepared by a registered engineer proficient in the field of hydrology and hydraulics and licensed in the state of Tennessee.  An acceptable method for calculating runoff and detention facilities is outlined in "Urban Hydrology For Watersheds", 2nd. Edition, U.S. Soil Conservation Service, Technical Release #55.

 

          E.     Permits:  No driveway shall be constructed onto a County road until a permit is obtained and approved by the county road engineer or representative.  A permit can be obtained at the County Highway Department

 

          F.     Storm Water Detention

 

          Storm water detention shall be required for any road construction, commercial, industrial, educational, institutional, and recreational developments of one (1) acre or more.  Multi-family residential developments of two (2) acres or more and single-family residential developments of five (5) acres or ten (10) lots shall comply with these standards.  The Board of Zoning Appeals may waive these requirements if the applicant can demonstrate that compliance is unnecessary or not feasible.

 

          Standards:  The engineer will be required to use generally accepted standards and procedures for calculating the release of storm water from the site before and after development, and institute control measures on site so that downstream peak discharges at post‑development are generally reduced to pre‑development conditions.  The design criteria for the sizing of detention basins and drain pipes is based on a 24‑hour storm of a ten‑year frequency under the pre‑development conditions of the site (4.8 inches), and a 24‑hour storm of 25‑year frequency under the post‑developed condition (5.5 inches)

 

          G.     Storm Water Plan

 

          Storm water drainage and detention plans must be submitted to the County five (5) days prior to the issuance of a permit.  The plan can be integrated into the site plan when requesting a building permit, or as part of a subdivision plat.


H.     Erosion Control

 

          Effective erosion control measures shall be required during construction to eliminate sedimentation on public rights‑of‑way or watercourses.  The use of straw bales or silt fencing is typically the most prevalent, however other suitable methods will be permitted.

 

          I.     Exemptions

 

          The requirement for detention, hydrologic or hydraulic computations, plans and preparation by an engineer are not applicable for single family residences or duplexes on individual lots.

 

     4.180.  EROSION AND SEDIMENTATION CONTROL

 

          A.     Purpose.  The purpose of these regulations is to empower the appropriate officials of Loudon County to control any land-disturbing activity that is determined by such officials to cause contamination of water supplies and water resources, clogging of watercourse, ditches, sinkholes or natural drainageways; or erosion of land which may jeopardize existing structures, roadways, or adjacent property.  This Section shall apply to all districts within Loudon County, Tennessee.

 

          B.     Permits.  Any site of three (3) acres or more which may be exposed or disturbed of earth shall have a valid grading permit issued by the Building Commissioner for that particular site before commencement of any grading/excavation work.  Any site with less than three (3) acres shall not be required to obtain a permit, however, such tracts are not excluded from the general requirements of this Resolution.

 

     1. Permit Requirements.  The developer shall submit the following information for the entire tract of land to be graded/excavated before a permit is to be released:

 

a. A boundary line and topographic survey of the site on which the work is to be performed.

 

b. Plans and specifications of soil erosion and sedimentation control measures conforming to the requirements as outlined in this Resolution.

 

c. The development sequence of construction as related to the control of soil erosion and sedimentation.

 

          C.     Exclusions.  No grading/excavation permit shall be required for:

 

     1. Nursery operations, such as the removal and/or transplanting of cultivated soil, shrubs and trees.

 

     2. Garden plots; lawn preparation or landscaping activities on existing lots or parcels unless the possibility for erosion and sedimentation or alteration of drainage is such to necessitate a grading permit as determined by the administrator.

 

     3. Agricultural land management practices such as plowing, cultivating, grading or clearing.

 

     4. Projects owned by a government agency.

 

     5. Strip and surface mining regulated by State and Federal statutes.

 

     6. Sanitary landfills operated and conducted in accordance with the requirements and rules adopted by Loudon County or municipalities and State of Tennessee.

 

          D.     Acceptable Measures.  Silt traps or other acceptable methods, as determined by the County, shall be erected on any graded site and located on the toe of any slope, if part of a proposed or existing public right-of-way or if such slope is adjacent to any stream, creek, or body of water.  Silt fencing shall also be placed on any downward slope which adjoins property which is not being disturbed.

 

          E.     Site Entrances/Driveways.  During construction of a site, driveways or entrances shall be maintained to avoid excess dirt or rock from being deposited on a public road.  A minimum of 4" of gravel shall be placed on the driveway prior to any activity on the site.  Upon completion of construction, driveway/entrances shall be paved for a minimum of 50' measured from the connection to the road.  Driveways with upward grades in excess of 6% to the road shall be paved the entire length or until the grade declines below 6%.

 

          F.     Maintenance.  Any person, firm or entity engaged in or conducting any land disturbing activity shall be responsible for maintaining all temporary and permanent erosion and sedimentation measures and facilities during development of the site and for a period of one (1) year thereafter.  If, during the one (1) year period, repairs or maintenance are required to said measures and facilities, then there shall be a further period of responsibility of one (1) year.  thereafter such responsibility shall be with the landowner except for those improvements which have been accepted by the Commissioner/Inspector.

 

1.  Maximum slope permissible.

 

i. The finished slope of any excavation on private property shall not exceed a slope greater than 2:1, while slopes for public improvements (i.e., proposed roadways, etc.) shall not exceed a slope greater than 3:1.  The slope is calculated as the slope or degree of inclination from the horizontal.

 

ii. Slopes left exposed will, within thirty (30) working days of completion of any phase of grading, be planted or otherwise provided with a ground cover, devices or structures sufficient to restrain erosion.

 

          G.     Ground Cover.

 

     a. Whenever land disturbing activity is undertaken on a tract, a vegetative ground cover sufficient to restrain erosion must be planted or otherwise provided within thirty (30) working days on that portion of the tract upon which further active construction is not being undertaken.  Periodic or intermittent land disturbing activity does not preclude the intent of the Section.  Activity must be of a weekly nature.

 

     b. On angles or graded slopes constant efforts must be undertaken to restrain erosion during and after excavation.

 

          H.     Drainage/Runoff.

 

     a. No land disturbing activity shall be permitted in proximity to a lake or any watercourse or drainageway unless:

 

i. A 10' buffer zone is provided along the margin of the watercourse of sufficient width to confine visible salutation or sediment deposits.

 

ii. Sufficient drainage and/or a runoff plan has been submitted to the Building Commissioner and approval received.  This approval is contingent on the plans intent on preserving the character of the land and preserving the drainage course.

 

     b. Any land disturbing activity shall be so conducted to eliminate unnecessary runoff and/or drainage into properties or public rights-of-way.

 

4.190  Waste Disposal Facilities Location and Design Standards

 

A.  Purpose.  These standards are established in order to maintain the integrity of rural Loudon County and preserve the health safety and general welfare of the community resulting from improper location and design of landfill operations.  These standards apply to the location, buffering and design restrictions for any waste operation, including but not limited to demolition, sanitary, or structural fill waste operations.  No site shall be approved by the Loudon County Board of Zoning Appeals as a special exception unless the site and design complies with the minimum provisions outlined in this Section as well as those regulations of any state agency empowered to adopt provisions for the design and location of waste facility operations.  Where discrepancies exist between the regulating entities, the stronger provision shall apply.

 

B.  Location and Site Design Standards.  No site shall be approved for a waste disposal facility/site unless said site complies with the following minimum standards, as well as any standard the Board of Zoning Appeals determines is necessary in order to maintain the character of the community and health, safety and welfare of the inhabitants of the area:

 

1. Site must have direct access to an arterial or collector road having a minimum pavement width of 24’.

 

2. No site shall be approved unless properties surrounding the site are served by public utility water.

 

3. Entrances into the landfill operation shall be paved and curbed from the connection of the road to the required entrance gate.

4. Suitable left turn lanes, acceleration and deceleration lanes shall be provided at the entrance as determined by the Board of Zoning Appeals.

 

5. An undisturbed buffer is required along the perimeter of the site.  A 330’ buffer shall be maintained on the front of the site and a 200’ buffer along the remaining side and rear lot lines.  The purpose of the buffer area is to visually screen the view of the operation from adjoining properties and public roads.  If existing vegetative cover is not sufficient to adequately screen the operation, then suitable nursery stock shall be required.

 

6. The perimeter of the site shall be fenced which shall not be permitted in the buffer area.

 

7. A gate house or weigh station shall not be visible to the road or other properties.  An on-site tire cleaning system shall be installed and used during the hours of operations in order to insure that dirt or other accumulation of debris is not deposited on the public road from exiting vehicles.

 

8. No waste disposal site shall be approved if the site is located within five (5) miles (air miles) of an existing operating waste disposal site.  This requirement shall not prevent the expansion of an existing approved landfill operation.

 

9. No waste disposal site shall be approved under this Resolution unless such site is devoted exclusively to the disposal of waste generated within Loudon County.

 

     C. Submittal of Site Plans.  Prior to the review of any waste disposal operation by the Board of Zoning Appeals, a professionally prepared site plan shall accompany an application for a special exception.  Plans shall show the following information:

 

     - Property survey and adjacent land uses and roads

     - Topographic information of the site and surrounding properties

     - Location of all physical improvements

     - Location of all landscaping, existing and proposed

     - Location of water lines in the immediate area.