Subject: 10708/Code/31-325/FillingMaterial
Date: Fri, 18 Aug 1989 14:54:00 -0500


                               ORDINANCE NO. 10708
                
                
                 AN ORDINANCE TO AMEND CHATTANOOGA CITY CODE,
                 PART II, CHAPTER 31, BY ADDING THERETO A NEW
                 SECTION 31-325 RELATIVE TO ADDITIONAL
                 REQUIREMENTS AND CONDITIONS ON THE FILLING OF
                 PROPERTY IN OR ADJACENT TO CERTAIN RESIDENTIAL
                 AREAS.
                            _________________________
                
                
       	    	 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
       CHATTANOOGA, TENNESSEE, as follows:
       	    	 SECTION 1.  That Chattanooga City Code, Part II, Chapter
       31, be and the same is hereby amended by adding thereto a new
       section 31-325 to read as follows:
            Sec. 31-325.  Landfilling requirements in certain
                          residential areas.
           
            	 (a)  It shall be unlawful for any person to fill
            any unimproved land in any property which is within one
            hundred (100) feet of any R-1 Residential Zone, RT-1
            Residential Townhouse Zone, RZ-1 Zero Lot Line
            Residential Zone, R-T/Z Residential Townhouse/Zero Lot
            Line Zone or R-2 Residential Zone or which is itself
            zoned in one of these categories without first obtaining
            a land disturbing activity permit, which shall be
            subject to the following additional restrictions:
           
            	 1.   Fill material must be comprised only of
                      suitable dirt, bricks, concrete without
                      exposed rebars, stones or other similar inert
                      materials;
            	     
            	 2.   Maximum height of fill shall be two (2) feet
                      above adjacent roads or two (2) feet above the
                      one hundred (100) year flood elevation,
                      whichever is higher;
           
            	 3.   Fill must not interfere with the free drainage
                      of adjoining properties;
           
            	 4.   Except where existing stormwater conveyances
                      are adequate for any increase in drainage,
                      appropriately sized on-site retention
                      facilities shall be provided;
0C
           
            	 5.   Filling of the property must be completed,
                      including capping the fill with stable
                      perennial vegetation, within one (1) year of
                      permit issue date, at which time the permit
                      shall become null and void; and
           
            	 6.   A second land disturbing activity permit may
                      be issued only in conjunction with building on
                      the property but only after ninety (90) days
                      from the termination or completion of the
                      preceding land disturbing permit on the same
                      property.
           
            	 (b)  Each application for permit, with the required
            fee therefor, shall be filed with the Stormwater Manager
            and in addition to the requirements of Section 31-321,
            shall contain the following information:
           
            	 1.   Written approval of the request for a permit
                      from the owner of the property;
           
            	 2.   The character and description of the fill
                      materials to be deposited;
           
            	 3.   The rate at which the fill materials are
                      expected to be deposited on a weekly or
                      monthly basis;
           
            	 4.   Equipment to be used; and
           
            	 5.   The date upon which the applicant desires the
                      permit to be issued.
           
            	 (c)  The Stormwater Manager may impose conditions
            upon the issuance of a permit which are reasonably
            calculated to eliminate excessive noise, scattering of
            dust or dirt, scattering of materials, to prevent
            nuisances and to prevent obstruction of public streets
            or interference with traffic.
           
            	 (d)  An additional twenty-five dollar ($25.00) fee
            shall be charged for any application for a permit to
            fill property.
           
            	 (e)  Where any filling work for which a permit is
            required is started prior to obtaining said permit, the
            fee herein specified shall be doubled but the payment of
            such double fee shall not relieve any person from fully
            complying with the requirements of this Code in the
            execution of the work nor from any other penalties
            prescribed herein.
           
            	 (f)  Any person filling property at the time of the
            enactment of this provision shall obtain a permit within
            sixty (60) days and shall to the extent practical comply
            with all provisions in this section.
           
           
       	    	 SECTION 2.  That this Ordinance shall take effect two
       (2) weeks from and after its passage as required by law.
      
       PASSED on Third and Final
       Reading   June 2, 1998.	     s/__________________________________
       	    	      	   	     	         CHAIRPERSON
      
       	    	      	   	     APPROVED:___X___ DISAPPROVED:_______
      
       	    	      	   	     DATE:     June 4, 1998             
      
      
      
       	    	      	   	     s/__________________________________
       	    	      	   	     	       	    MAYOR
       MAM:cjc