ARTICLE 4
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.
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.