| SEVIER COUNTY BOARD OF COMMISSIONERS REQUEST FOR RESOLUTION |
| THE FRIENDS OF WEARS VALLEY SEEKS TO HAVE THE SEVIER COUNTY BOARD OF COUNTY COMMISSIONERS PREPARE AND ADOPT A RESOLUTION TO PROVIDE FOR THE ESTABLISHMENT OF STANDARDS AND REGULATIONS FOR THE PROTECTION OF MOUNTAINS AND HILLSIDES WHEREAS, the Constitution and laws of the State of Tennessee authorize the Board of Commissioners of Sevier County, Tennessee to establish rules and regulations for the protection of the steep slopes, mountain tops and ridge lines within the unincorporated areas of Sevier County; and WHEREAS, The Tennessee Code authorizes municipal and regional planning commissions to regulate land use and conduct other planning activities, The Friends Of Wears Valley requests that the Sevier County Commission establish a Mountain and Hillside protection act. The Friends of Wears Valley requests that the Sevier County Commission implement these requested guidelines as soon as possible and use these guidelines to provide immediate protection of our mountain resources. WHEREAS, The Tennessee Division of Natural Heritage Rare Species Protection Program was established through the Rare Plant Protection and Conservation Act of 1985 to conserve and protect federal concern animal species as well to act as the lead agency in the process of listing and recovery efforts for federally endangered or threatened species of plants, Sevier County shall require all developments over 30 acres in size to conduct a comprehensive evaluation of environmental impact on the site as well as the surrounding areas. This is in keeping with the intent of the Rare Species Protection Program which is charged to prevent imperiled species of plants and animals from becoming further imperiled, to affect the recovery of federally listed species so that they may be de-listed, and to prevent the extinction of critically imperiled species. WHEREAS, the mountains, hillsides and ridges Sevier County, Tennessee, are characterized by steep slopes and thin, sensitive soils; and, because of the natural stresses placed on such environment, they require special protection. Land disturbing activities on the high elevations, hillsides, steep slopes and ridges of Sevier County potentially threaten the public health, safety, welfare and economic progress of the County. Such land disturbing activity may endanger the quality of surface water by increasing erosion and stream sedimentation; has the potential to induce landslides; has the potential to adversely affect groundwater due to difficulty in providing proper sewage disposal; and may damage the habitat of some species of wildlife (plants, animals, and insects). WHEREAS, the intent of this resolution is to retain an overall appearance similar to that of the natural terrain, i.e., to limit extreme alteration of the terrain and blend approved alterations of topography into the natural shape of the land; To preserve the mountain tops, hillsides, slopes, banks, and ridge lines in as natural a state as possible by responsible development using innovative design principles; To encourage only minimal grading which relates to the natural contours of the land; To preserve and protect visually significant rock outcroppings, native plant materials, natural drainage patterns and water courses, and areas of visual significance; To encourage a variety of building types, padding techniques, grading techniques, site design, arrangement and spacing of buildings in developments; To encourage innovative architecture, landscaping, circulation and site design; To discourage mass grading of large pads and excessive terracing; and to consider the effect of the activities within protected mountain areas on public health, safety, welfare, and private property rights. WHEREAS, it is not the intent of this resolution to prohibit development of any lot or parcel of property, but to encourage the protection of these areas through responsible development according to the Goals and Guiding Principles specified in this resolution. NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners of Sevier County, Tennessee, and it is therefore resolved by the authority of the same that the following Articles and Sections are hereby enacted into law. ARTICLE I GENERAL PROVISIONS Section 101. Short Title. This Resolution shall be known and cited as the “Sevier County Mountain and Hillside Protection Resolution.” Section 102. Mountain and Hillside Protection District Map Adopted. A Sevier County Mountain and Hillside Protection District Map, as prepared after a process of thorough public input during the preparation of this Resolution, will be adopted and made part of this Resolution as if fully set forth herein. Said map shall be signed and dated by the Chairman of the Sevier County Board of Commissioners and attested and sealed by the County Clerk. Section 103. Reference to Adopted Mountain Protection Map. The comprehensive plan of Sevier County includes a mountain protection plan and map of Mountain Protection Areas. Section 104. Goals. This resolution is adopted in order to further the following goals: To preserve the appearance and protect the natural resources of Sevier County’s mountains and hillsides; To protect ridgelines and steep slopes; To prevent soil erosion, and to control storm water runoff; To protect trees and other native vegetation; To encourage responsible development and to allow for reasonable uses that complement the natural and visual character of the natural landscape; To encourage the application of sound and innovative design principles to development of these areas; and To provide guidelines for building and subdivision designs so they will be compatible with mountain and hillside surroundings in a way that benefits the landowner and the community; and ARTICLE II DEFINITIONS Section 201. When used in this Resolution, the following words or phrases shall have the meanings given in this Section. Terms not defined herein shall have their customary dictionary definitions where not inconsistent with the context, or as set forth in the Sevier County Code when appropriate to the context. The term “shall” is mandatory. The word “may” is permissive. The words “structure” and “building” have the same definition. Words used in the singular include the plural and those used in the plural include the singular. Director: The Director of Community Development of Sevier County, Tennessee. Hazardous Waste: Any solid waste which has been defined as a hazardous waste in regulations, promulgated by the administrator of the United States Environmental Protection agency pursuant to the federal act, which are in force and effect on February 1, 1988, codified as 40 CFR Section 261.3 and as also defined in the Tennessee Hazardous Waste Management Act. Impervious surface: All surfaces that do not absorb water or do not allow water to percolate through, such as rooftops, paved parking areas, paved driveways or roadways, patios, pools, etc. Land Disturbing Activity: Any activity which may result in soil erosion from water or wind and the movement of sediments into state water or onto lands within the state, including, but not limited to, clearing, dredging, grading, excavating, transporting, and filling of land. Land disturbing activities shall not include activities such as ordinary maintenance and landscaping operations, individual home gardens, yard and grounds upkeep, repairs, additions or minor modifications to a single-family dwelling, and the cutting of firewood for personal use. Local governing authority: The Sevier County Board of Commissioners. Mountain and Hillside Protection District Map: A map prepared after a process of thorough public input during the preparation of this Resolution, adopted and made part of this Resolution, signed and dated by the Chairman of the Sevier County Board of Commissioners and attested and sealed by the County Clerk, and showing areas that are subject to the requirements of this Resolution. That map is distinguished from the Protected Mountains Map defined in this Section. Mountain Protection Plan: The plan that deals with mountain protection requirements. Multi-family Dwelling: Any structure that contains two or more dwelling units. Protected mountain or hillside: All land or tract of land that is shown on the Mountain and Hillside Protection District Map as lying within protected districts as designated by District map and is further described as those mountains and hillsides where the slope becomes 25% or greater, and which specifically include the ridges, summits and such crests above these areas, even though the slopes may be less than 25%. Protected Mountains Map: That map of mountain protection areas to be determined by the planning commission after public hearings and open debate with Sevier County residents. Quadrangle Map: The most recently published U.S. Geological Survey 7.5 minute topographic map prepared at a scale of 1:24,000 feet. Revegetation Plan: A plan to replant trees and other vegetation that will be required when any parcel is disturbed greater than the amounts as shown in Table 1, or when more than 50% of the existing trees which exceed 8 inches in diameter, as measured at a point on such a tree four and one-half feet above the surface of the ground, are removed. This plan must be prepared by a registered forester, landscape architect, arborist, or other persons approved by the State of Tennessee, and will specify the species, types, quantities, and method of re-establishing trees and/or other vegetation. Sensitive Natural Areas: Any area, as identified now or hereafter by the Department of Natural Resources, which contain one or more of the following: 1. Habitat, including nesting sites, occupied by rare or endangered species; 2. Rare or exemplary natural communities; 3. Significant landforms, hydroforms, or geological features; or 4. Other areas so designated by the Department of Natural Resources; and which are sensitive or vulnerable to physical or biological alterations. Single-family Dwelling: Any structure designed for habitation by one family unit. ARTICLE III DEVELOPMENT AUTHORITY AND REQUIREMENTS Section 301. Development Authority. From and after the passage of this Resolution, the Director of Community Development, or designee, shall be the official issuing authority. All applications for permits for activities subject to the requirements of this Resolution shall be reviewed by the Community Development Director or his/her designated representative. The Community Development Director or designee is authorized to establish appropriate procedures and processes where this resolution does not indicate a procedure. The issuing authority for any permits covered under or affected by this resolution will be responsible for the inspection and enforcement of the regulations set out herein. Section 302. Use of Site Plan. A site plan, where required, shall be submitted and approved prior to the issuance of any development or building permits. Section 303. Erection of Buildings. No permits for the erection of any building in an area subject to the requirements of this Resolution will be issued to any applicant unless the issuing authority affirmatively determines that the proposed building meets the requirements of this resolution and has been approved by the Community Development Director or designee. Section 304. New Land Disturbing Activity. No applicant shall institute or proceed with any activity regulated by this resolution before obtaining prior approval of such activity from the Director of Community Development or designee and the securing of applicable permits as may be required. Proposed land disturbing activity shall meet all applicable requirements of the Sevier County Code as amended for soil erosion and sedimentation plan approval even though approval under this resolution may not be required. Section 305. Lots of Record. Any existing lots of record that have been legally approved by the Sevier County Planning Commission pursuant to the Sevier County subdivision regulations and recorded in the Sevier County Clerk of Superior Court records, shall be considered without exception to be approved for the building of a single-family dwelling, provided, however, that all requirements for the Health Department are met and any required development permit or building permit is obtained. Any new structures also must meet all applicable building codes and those development standards that may be set by other regulations, as may be required. When application for a building permit is made on one of these existing lots, the mountain protection criteria for building a single-family dwelling shall be followed unless deviations from the county’s design and development standards are reviewed and approved as a variance which shall be directly tied to the fact that the platted lot has insufficient space, improper orientation, or other physically limiting condition which prevents the owner/developer from meeting the county’s standards. Lot development hardship, not financial cost or personal design and or location choice, shall be the basis for such a request for and the granting of a variance. Requests for variance shall be processed and considered according to the review standards of this resolution, including appropriate public hearing. ARTICLE IV APPLICABILITY, EXEMPTIONS AND PERMITTING PROCEDURES Section 401. Applicability. The terms and provisions of this Resolution shall apply to any private activity on real property in the unincorporated areas of Sevier County, including but not limited to subdivisions, land disturbing activities, building permits, or other development activities, that are in a protected district as designated by the Mountain and Hillside Protection District Map and the Protected Mountains Map as defined by this Resolution. This Resolution shall apply to the earliest application for development or building approval required of an applicant by the Sevier County Code. This includes, but is not limited to, applications for land use approval, application for preliminary subdivision or development approval, applications for land disturbing activities, and applications for building permits. Section 402. Exemptions. The following land uses or activities are exempt from the requirements of this Resolution: a) Agriculture and forestry provided that they are consistent with the best management practices established by the Tennessee Forestry Commission or the Tennessee Soil and Water Conservation Commission, consistent with all state and federal laws, and all applicable regulations promulgated by the Tennessee Department of Agriculture. No other activities or land disturbance, except for normal forestry management practices, shall be allowed on the entire property upon which the forestry practices were conducted for a period of ten years from the completion of such forestry practices. b) Mining activities existing on the effective date of this resolution, if such activities were lawfully permitted by the Department of Natural Resources. c) Landscape maintenance activities including the removal of diseased, dead or damaged trees, provided, however that such activities shall be carried out in conformance with applicable regulations of this resolution or other resolutions that might apply. d) Prior Development plans which may be required by this or other resolutions, the approval process of which is set forth in the Sevier County Codes, and which was filed with and has received the approval of the Planning Commission or the Director of Community Development or designee prior to the effective date of this resolution, shall be allowed to continue under such regulations as may apply at the time of approval. This does not constitute exemption of a building or structure within the individual lots or parcels within the development. e) Additions to single family residences, on legal lots of record, properly permitted and approved prior to the date of this resolution, may be allowed, provided that the height of the building addition does not exceed the height of the existing building, no land disturbance is required to accomplish the building addition that would encroach on any reserved area, and the building addition is in conformity with the purposes and intent and consistent with regulations and guidelines of this Resolution as determined by the Director of Community Development or designee. Section 403. Pre-application Review. Whenever development of a tract of land, including any building or structure, subject to the requirements of this Resolution is proposed, the developer and/or owner is urged to consult early and informally with the Director of Community Development or designee. The purpose of this informal review is to consider the requirements and guidelines of this Resolution, and to review any other regulations and conditions that may apply, and to request advice and guidance concerning the project and the administrative procedures involved. Applicants will be provided with a Hillside Protection Handbook if available to provide an overview of development criteria and examples to promote thoughtful, innovative site and home design. No fee shall be charged for the pre-application review and no formal application shall be required. Section 404. Permitting Procedures. No permit for any activity subject to the requirements of this Resolution shall be issued unless the activity conforms to the requirements of this Resolution. These activities include but are not limited to subdivisions, land disturbance, construction of buildings or other structures, mobile home parks, Telecommunication Towers, Recreational Vehicle Parks, Cabins and any other development. Site plans containing sufficient data to determine applicability of this resolution to the proposed activity, and a completed application, in a form determined by the Director of Community Development or designee shall be required. ARTICLE V PLAN SPECIFICATIONS Section 501. Development Concept Plans. Subdivisions shall demonstrate compliance with this Resolution prior to or at the time of preliminary plat approval, and other developments shall demonstrate compliance with this Resolution prior to or at the time of development plan approval, as specified in the Sevier County Subdivision Regulations. The preliminary plat or development plan shall be reviewed and approved by the Planning Commission in the case of a preliminary plat and for subdivisions and land developments by the Director of Community Development or designee for conformance to the goals of this resolution. Said applications shall include the submittal requirements for a preliminary subdivision plat or land development application, as the case may be, and which shall specifically include the following items: A. Proposed road layout B. Lot Density and layout, including any clustering and greenspace. C. Provisions for tree preservation D. An environmental impact study analysis of the effect of the proposed development on wildlife, water runoff, erosion, impact of proposed well on the existing water table and septic tank (waste) impact to the surrounding areas. E. Proof of bond to be held in escrow to ameliorate damages to local residents affected by adverse impact on existing landowners. F. Any other pertinent factors that will be helpful to assist in determination of conformance. Section 502. Preliminary Plats or Developmental Plans. Preliminary plats of subdivisions or other developmental plans within areas regulated by this Resolution, in addition to the standard requirements set forth in the Sevier County Code will also include the following: 1) The location of areas subject to the requirements of this Resolution in relation to the proposed activity; 2) Green Space or reserved or protected areas that will be set aside for non-development; 3) Areas of special interest which may include, but are not limited to alternative road layouts, staggered lot lines, cluster development, etc.; 4) Topographic data, in addition to existing and proposed contours, should include natural slope calculations shown in percentages and areas of different slope calculations; 5) Natural areas of stormwater drainage; 6) Areas where vegetation is proposed to be removed, other than road construction, and areas of proposed re-vegetation. Section 503. Application for Building Permits. Owners of individual lots that are subject to the requirements of this Resolution shall be required to submit a site plan to the Community Development Director or designee with the following information: 1) Topographic data including existing and planned contours for the area of construction or land disturbance, (cuts and fills for structures, driveways, etc.) shown in 5 foot contour intervals. This shall be drawn by the homeowner, or his designated representative, using reliable sources such as USGS Topographic maps or appropriate software; 2) Elevations showing the height of the proposed structure; 3) Proposed screening locations, retaining walls, building footprint, driveway, septic tank and drainfield locations, and areas reserved for alternate septic systems; and 4) Choice of materials and colors to be used on the home and accessory structures. This Section shall not be construed to limit or negate the submission of other applicable application requirements of another Sevier County Code provision. Section 504. Multi-Family Developments. In the absence of public water and sewage, multi-family dwellings shall not be constructed. If there is a public water and sewage system available to this property, then the density may be no more than four dwelling units per acre. No such parcel shall be less than 150 feet wide at the building site, or as may be required by the Sevier County Health Department, whichever is greater. Section 505. Commercial Structures. Any application for a permit to construct a commercial structure shall contain a detailed landscaping plan. Such landscaping plan shall: 1) Identify all trees which are to be removed that exceed eight inches in diameter, as measured at a point on the tree measured four and one-half feet above the surface of the ground, and shall contain a plan for replacement of any such trees that are removed, and 2) Include a topographic survey of the project site and an assessment of the effect that the project will have on the environment of the mountain after the project has been completed and is in operation. ARTICLE VI GENERAL DEVELOPMENT STANDARDS The following standards and restrictions shall apply to all property and activities subject to the requirements of this Resolution. Section 601- Average Slope Calculation. Slope is the amount of vertical change in elevation per unit of horizontal distance. For the purposes of determining whether the natural slope is 25% or more, the natural slope of a given property shall be calculated perpendicular to topographic contours from property line to property line. Slope calculations methods that are permitted include measuring the proximity of contour lines on a quadrangle map; using appropriate computer algorithms working on USGS Digital Elevation Models and GIS or other software; or by a licensed professional experienced in measuring or calculating slope. For the construction of single family residences, property owners may submit an alternative method of slope calculation for consideration. These methods may include, but are not limited to, weighted average, slope mapping, or other field-based techniques. In such cases, a certified determination by a licensed professional will be accepted as final determination. A contour map is the essential tool in determining the average slope of a parcel, and shall be required with each application for preliminary plat approval. Contour information shall be included in the preliminary site plan or plat. When used, a contour map can supply all the necessary information to calculate slope using the following formula for average slope provided below. S = 0.0023 x I x L A .0023 = Conversion Faction (converts from square feet to acres) I = Contour Intervals (distance between adjacent contour lines) L = Contour Length (total Length of contour lines within parcel) A = Acres in Parcel Section 602. Division of Area. Where there is a drastic variation in the landform character within one site, the site may be divided into several distinct areas for the purposes of slope determination. This division must be approved by the Community Development Director or designee. Generally, this provision shall only be used in cases where large tracts of property encompass flat land as well as significant mountain and hillside terrain. Details for each division calculations must be provided. Section 603. Land Disturbance Areas. Land-disturbing activity is limited to specific areas within a parcel not to exceed amounts as shown in Table 1. This area does not include setbacks, buffers, easements, etc. There must be an adequate amount of buildable land for proposed structure(s) and all land disturbing activities (i.e., roadways, driveways, septic/sewage areas, public structures, etc.). Once the buildable area is determined, the location of the development is left to the landowner, subject to compliance with all other adopted regulations.
Section 604. Limited Disturbance Areas. No development or land disturbance activity may occur in the following areas of a parcel. These areas may be included in the area used to calculate compliance with the minimum standards shown in Table 1: a) Rock outcroppings b) Wetlands or buffer areas along streams c) Natural drainage ways d) All sensitive natural areas. e) Significant historical and archeological resource areas as defined by the National Register of Historic Places or other federal and state agencies. The provisions of this Section shall not apply to the crossing of streams and creeks for utility corridors and roadways if construction does not exceed 1,000 square feet, does not reduce drainage, and meets all other criteria for land disturbance activities as set forth in the Sevier County Soil and Erosion Resolution, as amended. Section 605. Water System Requirements. Where one or more wells are to be used for individual water supply, the proposed land disturbing activity and connection of building or structure to the water system shall meet all applicable requirements of the “Tennessee Water Well Standards Act of 1985, as amended; the requirements of the rules and regulations of the Department of Human Resources regarding individual or non-public wells, and any more stringent requirements that may be imposed by regulation of the Board of Commissioners. If a public system is to be provided, the water supply system must meet all applicable requirements of the “Tennessee Safe Drinking Water Act of 1977,” as amended, and any other regulations that may be imposed by the State or the Sevier County Board of Commissioners. Section 606. On Site Sewage Management System Requirements- Where septic tanks are to be used for individual sewage disposal, Sevier County Health Department and State of Tennessee regulations must be followed. Section 607. Slope-Density Provisions. Slope-density regulations correlate intensity of development to the steepness of terrain in order to minimize damage from grading and removal of vegetation and land instability. In order to assure that the natural function of the land, density on steeper slopes must be lower than on flatter terrain and some proportion of the land must remain in a natural state as shown in Table 1. Lots of record approved prior to the effective date of this Resolution will not be subject to the regulations specified in Table 1 but must meet all requirements of the Sevier County Health Department and other applicable regulations. Section 608. Permitted Number of Parcels in Large Scale Developments. The maximum number of residential dwellings parcels that may be permitted within any tract depends on the average slope and the minimum lot size requirement of the application. The following factors will also be applied and may influence the total number of parcels. Lots must have a minimum width of 150 feet at the building site, unless the master plan calls for clustering of residential development in a specific area of the development with the balance of land, in that division of the development, being designated as green space. Lots within that cluster area may have a reduced lot width provided that no lot shall have a width, at the building site, of less than 100 feet. This section shall not apply to any lot of less than 1 acre, provided the lot was approved and lawfully recorded prior to July 1, 1991 or is part of any subdivision lawfully approved and recorded prior to July 1, 1991. Section 609. Permitted Size of Construction Area. In order to protect the natural character of mountains and hillsides, the land, in amounts as shown in Table 1, must be maintained in a natural state. The total impervious surface resulting from development must not exceed the amounts shown in Table 1. Alternatives to paving on individual residential lots are encouraged. This does not include the necessity of cutting of diseased trees due to infestation or areas under forestry or agricultural use. These areas must be included on the site plan. Section 610. Storm Drainage. The potential for rapid erosion is extremely high in mountainous and hillside areas. Steep slopes create perfect conditions for rapid movement of soils downhill during rainfall. Therefore it is essential to address storm water drainage and soil and erosion before land disturbing activities begin. Natural drainage flows should be maintained wherever possible and developers and landowners are encouraged to use the best technology available to reduce the effects of this increased flow. All applications that affect the natural flow of storm water must meet all local regulations. This will include, but may not be limited to, the Erosion and Sediment Control Resolution. Storm water flow shall not be altered from its natural flow so as to impact or damage the property of others. Section 611. Clearing and Grading. A great deal of environmental damage associated with new development can be avoided if construction and the position of the development site is well planned. As the most potentially destructive part of the construction process, grading must be carefully planned and executed to maintain stability of protected mountain and hillside property. The choice of an appropriate building site is the key to minimizing potential erosion problems. Grading, if required on the site, shall not take place prior to site plan approval and issuance of any permit required by the Sevier County Soil Erosion and Sedimentation Control Resolution. Only areas which have been approved for disturbance may be disturbed, and then only after all erosion measures and other regulations have been met. The following guidelines should be considered during planning or before construction begins. a) Cut and fill activities may be minimized by carefully selecting the site for structures, drainfields, septic tanks, etc. b) Grading areas should be clearly marked before any grading begins. Highly visible fencing is recommended to prohibit earthmoving equipment from moving beyond designated grading boundaries. c) Cut slope and fill slopes of steeper than 2:1 slope ratio will only be considered if shown to provide for more effective environmental protection while still being permanently stabilized with rock or other approved stabilization method. Alternative measures such as retaining walls of limited height may be used. d) Grading should be phased so that prompt re-vegetation will provide optimal erosion controls. e) All top and bottom edges of slopes caused by either cut or fill should be a minimum of 2 feet away from property lines. Section 612. Public Roads. All roads that are intended for public maintenance must comply with Sevier County Subdivision Regulations and any other applicable regulations including but not limited to those for soil erosion and sediment control. Design and construction of such roads must be approved by the Public Works Director. Variances to road requirements must be separately approved by the Board of Commissioners but an approval may be given if the result would provide stronger environmental protection while still maintaining public safety concerns. Section 613. Private Roads. All private roads must comply with Sevier County Subdivision Regulations and any other applicable regulations including but not limited to those for soil erosion and sediment control. Roads not intended for public maintenance must be designed and constructed to the standards in Table 2. Where private roads are proposed as extensions of existing public roads, the developer must clearly justify why existing public roads should not be extended for public use. Where private road designs are used for approvable of a subdivision, the following special notation shall be placed on the final plat. “Roads within this subdivision are designated private, and will not be accepted for maintenance by Sevier County, and will be maintained by the attached road maintenance agreement which is recorded at the Sevier county Clerk of Court’s Office, in Book ____ and Page____.” For the purposes of this regulation, the following road classifications will apply to this section: Private residential collector is a road or section of a road which: a) Provides direct or indirect access from the entrance of the subdivision inward to 20 or more proposed residential lots and is designed to be the main travel path for residential access. b) Is designed to serve, or has the potential to serve in a future phase, property in the same ownership as the applicant, and , if developed will meet the 20 dwelling-unit standard. c) Connects proposed development with existing developments when the aggregate sum of residential lots in both developments meets the 20 dwelling unit standard. d) Serves a non-residential facility located within a resident development, such as recreation areas, club house, golf course, public utility sites, etc. Private residential subdivision road is a road or group of roads which: a) Abuts less than 20 residential lots b) Serves less than 20 existing lots or proposed residential dwelling units c) Does not connect thoroughfares Private shared driveway road is a road or group of roads which: a) Abuts no more than 5 residential lots b) Serves no more than 5 existing or proposed residential dwelling units c) Does not connect thoroughfares.
1 Alternative cul-de-sacs on cross slopes greater than 20% may be approved to minimize clearing and grading in protected mountain areas. The alternative cul-de-sac can be T’s or other designs as long as they meet accepted design standards and address public safety concerns. 2 In cases where the existing cross slope is 20% or greater, 1.5 to 1 cut and fill slopes shall be permitted provided that the developer guarantees that the slope will be adequately stabilized. 3 In cases where the existing cross slope is 25% or greater, 1 to 1 cut-and-fill slopes shall be permitted provided that the developer guarantees that the slope will be adequately stabilized. Other steep slope alternatives will be considered in protected mountain areas to minimize clearing and grading. Examples could be retaining walls, stabilization with rock or other engineered materials, etc., as long as they meet sound engineering design standards. 4 Road Grades can exceed maximum for short distances as long as the average grade for the entire roads meets the maximum. 5 Maximum cut and fill slopes may be required to be flatter if required by site specific conditions for stability. * Easement applications Section 614. Retaining Walls. Retaining walls, where required, are recommended not to exceed 10 feet in height and should be built to follow the contours of the land. Where greater total height is needed, two retaining walls should be considered with vegetation between them. Vegetation should be planted to screen large retaining walls from view. Section 615. Setbacks. Setbacks will be used to protect natural features of the mountain and hillside terrain. The following minimum setbacks shall be maintained unless otherwise determined by site plan review: a) Placing structures away from the shoulder reduces the visual impact of development as well as erosion on steep slopes. All structures must be setback a minimum of 20 feet from the shoulder of a ridgeline. The shoulder is defined as the plane at which the slope of the land changes from greater than 25% to a ridge top of less than 25%. See Figure 1. Natural vegetation must be maintained undisturbed within the setback area except for access to a lot or limited cutting to provide a view. All other setbacks including, but not limited to, those from streams, creeks, springheads and property lines must be met as required by Sevier County Codes. Figure 1 Section 616. Ridgeline Development. Ridge lines in protected areas are encouraged to be left in their natural state whenever possible. In instances where it is necessary for protection of environmental or aesthetic concerns, roadways may be constructed along the ridgeline. Design and construction of roadways must be approved by the Public Works Director, or designee and in accordance with applicable regulations and as required by this Resolution or other applicable provisions of the Sevier County Code. Section 617. Cluster Development. Cluster development can provide increased density, ease the need for services, and take advantage of the best orientation for dwellings and other buildings, thus the rural character can be maintained through preservation of woodland and greenways. Such development can reduce the need of infrastructure and associated development costs can be lowered. Lots within the clustered area may be reduced to the minimum allowed by the Sevier County Health Department based on the availability of public water or sewer or approved private sewer systems. Section 618. Restrictions. The following applications are prohibited on lands subject to the requirements of this Resolution: a) Handling areas for receiving and storage of hazardous waste and solid waste disposal facilities are prohibited. b) Mining activities are prohibited unless previously permitted by the Department of Natural Resources. c) Cell Towers are prohibited in the protected areas except where the design and structure thereof blend in with the surroundings and are camouflaged. SECTION VII DESIGN REQUIREMENTS Design regulations are not designed to prevent creativity or mandate a particular style of dwelling. Rather, they are essential to the goal of reducing visual impacts of development while ensuring the stability of the protected mountain and hillside regions. Section 701. Building Heights. No building is permitted to exceed 40 feet from the natural grade of the land. If the building is raised on fill, the depth of the fill is considered part of the height measurement. If the grade is lowered by cut, the height measurement contains the depth of the cut. Chimneys and power poles are not included in the height calculations. At no time shall a building extend above the existing tree canopy. Section 702. Outdoor Lighting. While lighting outside of homes is often necessary, it can be quite obtrusive in the night skyline. Mountainous and hillside areas are generally rural in character and should be maintained as such even in the presence of development. The following guidelines shall be adhered to when placing outside lights: a) All lights shall have shielded fixtures that direct the light downward. These shields shall eliminate scattered light and excessive glare. b) Light poles shall not exceed the height of surrounding buildings. Section 703- Landscaping. Because the mountainous and hillside areas of Sevier County are largely valued for their natural beauty, it is the intention of these regulations to preserve this forested quality. Any new development will create areas that will temporarily be deforested and/or unsightly. Every effort to reduce the length of time the development remains in this state should be taken. a) A minimum amount of the property, as specified in Table 1, is required to remain in a natural state. No construction equipment or development is permitted in these natural areas. A natural state is defined as the condition prior to development or other human activity. Clear-cutting will be allowed only for the footprint of the house, driveways, septic systems, normal landscaping including yards, gardens, and flower beds. b) Re-vegetation is required on all disturbed areas that remain after construction, including areas around permanent structures, resurfaced areas such as driveways and areas of cuts and fills, pursuant to land disturbance regulations. Where trees have been removed due to insect damage or disease, and this tree removal increases the land disturbance percentage in amounts that exceed amounts specified in Table 1, replanting is required. c) All stream buffers are to be maintained in a natural state pursuant to Sevier County Soil and Erosion Regulations and state Water Quality Control rules. d) Color choices that are considered to blend in with the surroundings of the site shall be considered natural in color and will require minimum replanting of vegetation for screening purposes. Color choices that stand out against the natural colors of the surrounding area will be considered intrusive and will require screening with natural vegetation that will minimize the effect on the surrounding area. The amount of screening required will be reviewed and approved by the Director of Community Development or designee but will in no way require screening of more than 50% of the structure as a whole. Planted vegetation must achieve the required screening percentage within two (2) years of planting and must be done within six months of the main structure receiving a Certificate of Occupancy. e) Trees 8 inches, or greater, in diameter that are cut for view will be done in a staggered fashion to eliminate the tunnel effect caused by clear cutting. Reducing clear cuttings reduce the potential for erosion, stormwater runoff and landscaping and grading costs. Keeping mature greenery is recommended wherever possible to provide immediate aesthetic, environmental, and potentially monetary value. ARTICLE VIII BUILDING GUIDELINES The following are considered to serve as guidelines only and are not requirements. Staggering of lots lines and home placement can help to reduce gaps in the ridgeline and in the tree canopy. Developers or home builders will be encouraged to submit innovative lot, road, and home designs that will meet the goals of mountain and hillside protection. Alternatives to conventional county roads will be considered in the variance process that provide for safe and efficient transportation, while reducing disturbance and tree clearing. This could include, but is not limited to, one way or loop roads, steeper side slopes where soil stability will allow varying grades and those other means that reduce land disturbance, increase environmental protection, and maintain safe efficient transportation. Careful design plans can reduce the visual impact of development and should be considered in great detail before final architectural decisions are made. The choice of colors, materials and orientation of structures can greatly influence the visual impact of development. a) Colors and materials used for structures, fences, driveways and landscaping should blend with the natural terrain. b) No highly reflective materials should be used such as metal roof material, concrete driveways, etc. These materials may be used if colored or otherwise treated to give the appearance of natural materials. c) The form, mass, and profile of buildings should be designed to blend with the natural terrain. Buildings that utilize steps in a foundation and floor level permit structures to step up the natural slope. Roof slopes should approximate that of the hillside as well and avoid large gabled ends on downhill elevations. Avoid large expanses of single materials such as roof, walls and paving areas. d) Fences and walls should blend into the view. Open view fencing is encouraged, as are natural materials and landscaping used as fencing. e) The landscape portion of the site plan should show how the landscaping requirements are to be met within all disturbed areas. f) Existing trees should be protected whenever possible. Trees should be protected within the development whenever possible using temporary fencing. Plant screening is recommended for all facades, retaining walls, and cut and fill slopes. These measures should be used in conjunction with required methods of stabilization. The density of new plant material should approximate the density of vegetation prior to development. g) Native species are recommended to be used for screening and replanting. ARTICLE IX VARIANCES Section 901. Purpose. The purpose of a variance is to provide relief when a strict application of this Resolution and the regulations herein would impose unusual practical difficulties or unnecessary physical hardships on the applicant. No variance shall be granted to allow the use of property for a purpose not authorized by this Resolution. Owners of approved lots of record at the time of this regulation shall be given every assistance and consideration to overcome problems in the application and construction of personal single family dwellings. Section 902. Conditions. Reasonable conditions may be imposed in connection with a variance as deemed necessary to protect the best interests of the surrounding property or neighborhood, and otherwise secure the purpose and requirements of this Article and the development regulations. Guarantees and evidence may be required that such conditions will be and are being complied with. (1) The Planning Commission is responsible for considering and making recommendations on applications for variances; (2) The Community Development Director or designee is responsible for considering and making recommendations on applications for variances. (3) The variance request must specify which requirements are to be varied from. It must specify alternative standards and requirements to be met. (4) All recommendations for variance shall be forwarded to the Board of Commissioners for final action. Section 903. Criteria for Granting Variances. Variances may be granted only if, on the basis of the application, investigation by the Community Development staff and Planning Commission, and evidence submitted by the applicant, all four expressly written findings below are made: (a) That a strict or literal interpretation and enforcement of the specified standard or requirement would result in practical difficulty or unnecessary hardship; and (b) That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property which do not apply generally; and (c) That the granting of the variance will not be detrimental to the public health, safety, or welfare; and (d) That the granting of the variance would support general objectives contained within this Resolution. Variances in accordance with this Article will not ordinarily be granted if the special circumstances on which the applicant relies are a result of the actions of the applicant or owner or previous owners. Section 904. Variances to Road and Street Requirements. Any variance as to road and street requirements must be separately approved by the Board of Commissioners and must follow the standards and procedures of the Sevier County Land Subdivision Resolution. Section 905. Variance Procedures. The following procedures apply: a) Application for variance shall be filed with the Department of Community Development on the form prescribed by the County by any person with a legal interest in the property. A request for variance in complete form shall received no less than twenty-one(21) days prior to the Planning Commission meeting to allow sufficient time in advance of the public hearing. An application fee of $100.00 shall be paid prior to any review. b) The Planning Commission shall review the application and staff investigation and determine whether the evidence supports a finding that the required criteria for variance have been met and recommend approval with or without conditions, or recommend denial of the application accordingly. c) Upon review and recommendation by the Planning Commission, all requests for variance shall be scheduled for final action before the . Board of Commissioners. Section 906. Compliance with Conditions Approval. Compliance with conditions imposed by the grant of any variance, and adherence to the submitted plans, as approved, is required. Any departure from these conditions of approval and approved plans constitutes a violation of this Resolution. Section 907. Vested Interest in Approved Variances. A valid variance supersedes conflicting provisions of or amendments to this Resolution unless specifically provided otherwise by the provisions of this Article or the conditions of approval to the variance. Section 908. Investigations and Reports. The Director of Community Development or designee shall make or cause to be made an investigation to provide necessary information to insure that the action on each application is consistent with the variance criteria. Any report of such investigation shall be included in the application file and shall be presented at all public meetings affecting the application. Section 909. Revocation. Variances shall be automatically revoked if development or building activity pursuant to the approved variance is not initiated within one year of the date of approval. Section 910. Limitations on Reapplication. Applications for which a substantially similar application has been denied shall be heard by the Planning Commission only after a period of six (6) months has elapsed since the date said application was denied by the Board of Commissioners. ARTICLE X INSPECTION The Director of Community Development or designee shall have the power to conduct such investigation as it may reasonably deem necessary to carry out its duties as prescribed in this Resolution, and for this purpose to enter at reasonable time upon any property, public or private, for the purpose of investigating and inspecting the sites of any developmental activities regulated by this Resolution. No person shall refuse entry or access to any authorized representative or agent who requests entry for purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out his official duties. ARTICLE XI ENFORCEMENT Section 1101. Generally. The Community Development Director or designee shall be responsible for the enforcement of all regulations set forth herein. Failure to comply with these regulations will result in one or more of the following: Section 1102. Revocation of Business License or Other Authorization. Any person failing to comply with any provision of this Resolution shall be subject to revocation of his business license, work permit, building permit or other authorization for the conduct of business and associated work activities within the unincorporated areas of Sevier County. Section 1103. Stop Work Orders. Any person failing to comply with any provision of this Resolution shall be subject to a stop work order. Upon receipt of notice of the stop work order, work on any project that is being performed in violation of this Resolution shall be immediately stopped. Such notice shall be in writing and shall be given to the owner of the property, his authorized agent or the person or persons in charge of activity on the property, and shall state the conditions under which work may be resumed. Where an emergency exists, no written notice shall be required. Section 1104. Civil Penalties. Any person violating any provision of this Resolution shall be liable for a civil penalty of not less than $500.00 per day or not to exceed $2,000.00 per day. Each day the violation continues shall constitute a separate violation. Section 1104. Enforcement in Magistrate Court. Any person who shall do anything prohibited by this Resolution or who shall fail to do anything required by this Resolution shall be guilty of a misdemeanor, amenable to the process of the Magistrate Court of Sevier County, and upon conviction, shall be assessed with any penalty, including fine, confinement, or both, allowed by law for the violation of County resolutions or ordinances. Each and every day that such violation exists shall be deemed a separate offense. Section 1105. Enforcement by Injunction or Mandamus. The Board of Commissioners of Sevier County, in addition to other remedies, may institute injunction, mandamus or other appropriate action in proceeding to stop the violation. ARTICLE XII MISCELLANEOUS PROVISIONS Section 1201- Administration by Community Development Department. (a) The Director of Community Development or designee is hereby assigned the responsibility for administration of this Resolution; provided, however, that any decision of the Director of Community Development or designee may be appealed to the County Board of Commissioners as provided herein. Any decision or action of the Director of Community Development or designee under this Resolution may be appealed to the Board of Commissioners of Sevier County; provided, however, that any such action or decision shall remain in full force and effect pending such appeal. If an applicant or permittee desires to appeal a decision or action of the Director of Community Development or designee, he shall so notify the Board of Commissioners in writing within fifteen (15) days of the date of the action or decision of the Director of Community Development or designee. Upon receipt of this notice the Board of Commissioners shall establish a date and time on which the appeal shall be heard and after a recommendation is made in regular meeting by the Planning Commission shall act on the appeal application notify the applicant or permittee in writing by first class mail of the Board’s decision. Section 1202. Severeability. If any paragraph, sub-paragraph, sentence, clause, phrase, or any portion of this Resolution shall be declared invalid or unconstitutional by any court of competent jurisdiction, or if the provisions of any part of this Resolution as applied to any particular situation or set of circumstances shall be declared invalid or unconstitutional, such invalidity shall not be construed to affect the portions of this Resolution not so held to be invalid, or the application of this Resolution to other circumstances not so held to be invalid. It is hereby declared to be the intent of the Board of Commissioners to provide for separable and divisible parts, and it does hereby adopt any and all parts hereof as may not be held invalid for any reason. Section 1203. Liability. Neither the approval of a plan under the provisions of this Resolution, nor the compliance with the provision of this Resolution shall relieve any person from the responsibility for damage to any person or property otherwise imposed by law nor impose any liability upon Sevier County for damage to any person or property. Section 1204. Repeal. All resolutions or parts of resolutions in conflict with the terms of the Resolution are hereby repealed, but it is hereby provided that any resolution or law which may be applicable hereto and aid in carrying out or making effective the intent, purpose, and provision hereof, which shall be literally construed to be in favor of Sevier County is hereby adopted as a part hereof. Section 1205. Conflict with Other Laws. Whenever any provision of this resolution imposes more restrictive standards than are required under any other statute, the requirements of this resolution shall govern. Section 1206. Effective Date. The effective date of this resolution shall be its date of adoption, the public welfare demanding it. . ADOPTED, this ________ day of ____________________, 200_. SEVIER COUNTY BOARD OF COMMISSIONERS _____________________________ Chairman _____________________________ _____________________________ ATTEST: _____________________________ ________________, County Clerk |