ORDINANCE 09-134
AN ORDINANCE AMENDING SECTION 18-106
“18-606[sic]” OF THE LAKELAND MUNICIPAL CODE
PERTAINING TO STORM WATER ENFORCEMENT, ABATEMENT,
PENALTIES, AND APPEALS
BE IT ORDAINED BY THE CITY OF LAKELAND AS FOLLOWS:
Section 1: Section 18-106 “18-606 [sic]” of the Lakeland Municipal Code is hereby amended to read as follows:
18-106. Enforcement, Abatement, Penalties, and Appeals
(1) ENFORCEMENT AND ABATEMENT AUTHORITY. THE CITY MANAGER OR HIS DESIGNEES SHALL HAVE THE AUTHORITY TO ISSUE NOTICES OF VIOLATION AND CITATIONS, AND TO IMPOSE THE CIVIL PENALTIES PROVIDED IN THIS SECTION.
(2) NOTIFICATION OF VIOLATION.
(a) WRITTEN NOTICE. WHENEVER THE CITY MANAGER OR HIS/HER DESIGNEE FINDS THAT ANY PERMITTEE OR ANY OTHER PERSON DISCHARGING STORMWATER HAS VIOLATED OR IS VIOLATING THIS ORDINANCE OR A PERMIT OR ORDER ISSUED HEREUNDER, THE CITY MANAGER MAY SERVE UPON SUCH PERSON WRITTEN NOTICE OF THE VIOLATION. WITHIN TEN (10) DAYS OF THIS NOTICE, AN EXPLANATION OF THE VIOLATION AND A PLAN FOR THE SATISFACTORY CORRECTION AND PREVENTION THEREOF, TO INCLUDE SPECIFIC REQUIRED ACTIONS, SHALL BE SUBMITTED TO THE CITY MANAGER. SUBMISSION OF THIS PLAN IN NO WAY RELIEVES THE DISCHARGER OF LIABILITY FOR ANY VIOLATIONS OCCURRING BEFORE OR AFTER RECEIPT OF THE NOTICE OF VIOLATION.
(b) CONSENT ORDERS. THE CITY MANAGER OR HIS/HER DESIGNEE IS EMPOWERED TO ENTER INTO CONSENT ORDERS, ASSURANCES OF VOLUNTARY COMPLIANCE, OR OTHER SIMILAR DOCUMENTS ESTABLISHING AN AGREEMENT WITH THE PERSON RESPONSIBLE FOR THE NONCOMPLIANCE. SUCH ORDERS WILL INCLUDE SPECIFIC ACTION TO BE TAKEN BY THE PERSON TO CORRECT THE NONCOMPLIANCE WITHIN A TIME PERIOD ALSO SPECIFIED BY THE ORDER. CONSENT ORDERS SHALL HAVE THE SAME FORCE AND EFFECT AS
ADMINISTRATIVE ORDERS ISSUED PURSUANT TO PARAGRAPHS (d) AND (e) BELOW.
(c) SHOW CAUSE HEARING. THE CITY MANAGER MAY ORDER ANY PERSON WHO VIOLATES THIS ORDINANCE OR PERMIT OR ORDER ISSUED HEREUNDER, TO SHOW CAUSE WHY A PROPOSED ENFORCEMENT ACTION SHOULD NOT BE TAKEN. NOTICE SHALL BE SERVED ON THE PERSON SPECIFYING THE TIME AND PLACE FOR THE MEETING, THE PROPOSED ENFORCEMENT ACTION AND THE REASONS FOR SUCH ACTION, AND A REQUEST THAT THE VIOLATOR SHOW CAUSE WHY THIS PROPOSED ENFORCEMENT ACTION SHOULD NOT BE TAKEN. THE NOTICE OF THE MEETING SHALL BE SERVED PERSONALLY OR BY REGISTERED OR CERTIFIED MAIL (RETURN RECEIPT REQUESTED) AT LEAST TEN (10) DAYS PRIOR TO THE HEARING.
(d) COMPLIANCE ORDER. WHEN THE CITY MANAGER OR HIS/HER DESIGNEE FINDS THAT ANY PERSON HAS VIOLATED OR CONTINUES TO VIOLATE THIS ORDINANCE OR A PERMIT OR ORDER ISSUED THEREUNDER, HE/SHE MAY ISSUE AN ORDER TO THE VIOLATOR DIRECTING THAT, FOLLOWING A SPECIFIC TIME PERIOD, ADEQUATE STRUCTURES, DEVICES, BE INSTALLED OR PROCEDURES IMPLEMENTED AND PROPERLY OPERATED. ORDERS MAY ALSO CONTAIN SUCH OTHER REQUIREMENTS AS MIGHT BE REASONABLY NECESSARY AND APPROPRIATE TO ADDRESS THE NONCOMPLIANCE, INCLUDING THE CONSTRUCTION OF APPROPRIATE STRUCTURES, INSTALLATION OF DEVICES, SELF-MONITORING, AND MANAGEMENT PRACTICES.
(e) CEASE AND DESIST ORDERS. WHEN THE CITY MANAGER OR HIS/HER DESIGNEE FINDS THAT ANY PERSON HAS VIOLATED OR CONTINUES TO VIOLATE THIS ORDINANCE OR ANY PERMIT OR ORDER ISSUED HEREUNDER, THE CITY MANAGER MAY ISSUE AN ORDER TO CEASE AND DESIST ALL SUCH VIOLATIONS AND DIRECT THOSE PERSONS IN NONCOMPLIANCE TO:
(i) COMPLY FORTHWITH; OR
(ii) TAKE SUCH APPROPRIATE REMEDIAL OR PREVENTIVE ACTION AS MAY BE NEEDED TO PROPERLY ADDRESS A CONTINUING OR THREATENED VIOLATION, INCLUDING HALTING OPERATIONS AND TERMINATING THE DISCHARGE.
(3) PENALTIES. ANY PERSON WHO SHALL COMMIT ANY ACT DECLARED UNLAWFUL UNDER THIS ORDINANCE, WHO VIOLATES ANY PROVISION OF THIS ORDINANCE, WHO VIOLATES THE PROVISIONS OF ANY PERMIT ISSUED PURSUANT TO THIS ORDINANCE, OR WHO FAILS OR REFUSES TO COMPLY WITH ANY LAWFUL COMMUNICATION OR NOTICE TO ABATE OR TAKE CORRECTIVE ACTION BY THE CITY MANAGER OR HIS/HER DESIGNEE, SHALL BE GUILTY OF A CIVIL OFFENSE.
(4) UNDER THE AUTHORITY PROVIDED IN TENNESSEE CODE ANNOTATED §68-221-1106, THE MUNICIPALITY DECLARES THAT ANY PERSON VIOLATING THE PROVISIONS OF THIS ORDINANCE MAY BE ASSESSED A CIVIL PENALTY BY THE CITY MANAGER OR HIS/HER DESIGNEE OF NOT LESS THAN FIFTY DOLLARS ($50.00) AND NOT MORE THAN FIVE THOUSAND DOLLARS ($5,000.00) PER DAY FOR EACH DAY OF VIOLATION. EACH DAY OF VIOLATION SHALL CONSTITUTE A SEPARATE VIOLATION.
(5) MEASURING CIVIL PENALTIES. IN ASSESSING A CIVIL PENALTY, THE CITY MANAGER OR HIS/HER DESIGNEE MAY CONSIDER:
(i) THE HARM DONE TO THE PUBLIC HEALTH OR THE ENVIRONMENT;
(ii) WHETHER THE CIVIL PENALTY IMPOSED WILL BE A SUBSTANTIAL ECONOMIC DETERRENT TO THE ILLEGAL ACTIVITY;
(iii) THE ECONOMIC BENEFIT GAINED BY THE VIOLATOR;
(iv) THE AMOUNT OF EFFORT PUT FORTH BY THE VIOLATOR TO REMEDY THIS VIOLATION;
(v) ANY UNUSUAL OR EXTRAORDINARY ENFORCEMENT COSTS INCURRED BY THE MUNICIPALITY;
(vi) THE AMOUNT OF PENALTY ESTABLISHED BY ORDINANCE OR RESOLUTION FOR SPECIFIC CATEGORIES OF VIOLATIONS; AND
(vii) ANY EQUITIES OF THE SITUATION WHICH OUTWEIGH THE BENEFIT OF IMPOSING ANY PENALTY OR DAMAGE ASSESSMENT.
(6) RECOVERY OF DAMAGES AND COSTS. IN ADDITION TO THE CIVIL PENALTY IN SUBSECTION (2) ABOVE, THE MUNICIPALITY MAY RECOVER;
(i) ALL DAMAGES PROXIMATELY CAUSED BY THE VIOLATOR TO THE MUNICIPALITY, WHICH MAY INCLUDE ANY REASONABLE EXPENSES INCURRED IN INVESTIGATING VIOLATIONS OF, AND ENFORCING COMPLIANCE WITH, THIS ORDINANCE, OR ANY OTHER ACTUAL DAMAGES CAUSED BY THE VIOLATION.
(ii) THE COSTS OF THE MUNICIPALITY’S MAINTENANCE OF STORMWATER FACILITIES WHEN THE USER OF SUCH FACILITIES FAILS TO MAINTAIN THEM AS REQUIRED BY THIS ORDINANCE.
(7) OTHER REMEDIES. THE MUNICIPALITY MAY BRING LEGAL ACTION TO ENJOIN THE CONTINUING VIOLATION OF THIS ORDINANCE, AND THE EXISTENCE OF ANY OTHER REMEDY, AT LAW OR EQUITY, SHALL BE NO DEFENSE TO ANY SUCH ACTIONS.
(8) REMEDIES CUMULATIVE. THE REMEDIES SET FORTH IN THIS SECTION SHALL BE CUMULATIVE, NOT EXCLUSIVE, AND IT SHALL NOT BE A DEFENSE TO ANY ACTION, CIVIL OR CRIMINAL, THAT ONE (1) OR MORE OF THE REMEDIES SET FORTH HEREIN HAS BEEN SOUGHT OR GRANTED.
(9) APPEALS. PURSUANT TO TENNESSEE CODE ANNOTATED §68-221-1106(D), ANY PERSON AGGRIEVED BY THE IMPOSITION OF A CIVIL PENALTY OR DAMAGE ASSESSMENT AS PROVIDED BY THIS ORDINANCE MAY APPEAL SAID PENALTY OR DAMAGE ASSESSMENT TO THE BOARD OF APPEALS.
(i). APPEALS TO BE IN WRITING. THE APPEAL SHALL BE IN WRITING AND FILED WITH THE CITY RECORDER WITHIN FIFTEEN (15) DAYS AFTER THE CIVIL PENALTY AND/OR DAMAGE ASSESSMENT IS SERVED IN ANY MANNER AUTHORIZED BY LAW.
(ii). PUBLIC HEARING. UPON RECEIPT OF AN APPEAL, THE BOARD OF APPEALS SHALL HOLD A PUBLIC HEARING WITHIN THIRTY (30) DAYS. TEN (10) DAYS PRIOR NOTICE OF THE TIME, DATE, AND LOCATION OF SAID HEARING SHALL BE PUBLISHED IN A DAILY NEWSPAPER OF GENERAL CIRCULATION. TEN (10) DAYS NOTICE BY REGISTERED MAIL SHALL ALSO BE PROVIDED TO THE AGGRIEVED PARTY, SUCH NOTICE TO BE SENT TO THE ADDRESS PROVIDED BY THE AGGRIEVED PARTY AT THE TIME OF APPEAL. THE DECISION OF THE BOARD OF APPEALS SHALL BE FINAL.
(iii). APPEALING DECISIONS OF THE BOARD OF APPEALS. ANY ALLEGED VIOLATOR MAY APPEAL A DECISION OF THE BOARD OF APPEALS PURSUANT TO THE PROVISIONS OF TENNESSEE CODE ANNOTATED, TITLE 27, CHAPTER 8.
SECTION 2: THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY AFTER ITS PASSAGE ON SECOND AND FINAL READING, THE PUBLIC WELFARE REQUIRING IT.
First Reading: July 09, 2009
Public Hearing: July 27, 2009
Final Reading: August 06, 2009
_________________________________
J. Scott Carmichael, Mayor
ATTEST:
_________________________________
Sontidra L. Thomas, CMC
City Recorder
Monday, August 10, 2009
Wednesday, July 22, 2009
ORDINANCE 09-133
AN ORDINANCE OF THE CITY OF LAKELAND ESTABLISHING TOWN HALL MEETING DATES IN MAY AND NOVEMBER
Be It Ordained by the City of Lakeland as follows:
Section 1:
Section 1-101 (5) of the Lakeland Municipal Code is amended to read as follows:
(5) The time of the Town Hall Meeting (a Board of Commissioners meeting) shall be 5:30 p.m. before the regular meeting in May and November. In the event the town hall meeting falls on an official holiday or the Board of Commissioners deems appropriate by a majority vote, a new town hall meeting date may be set.
First Reading: June 09, 2009.
Public Hearing: June 22, 2009.
Final Reading: July 09, 2009.
Scott Carmichael, Mayor
ATTEST:
Sontidra L. Thomas, CMC
City Recorder
AN ORDINANCE OF THE CITY OF LAKELAND ESTABLISHING TOWN HALL MEETING DATES IN MAY AND NOVEMBER
Be It Ordained by the City of Lakeland as follows:
Section 1:
Section 1-101 (5) of the Lakeland Municipal Code is amended to read as follows:
(5) The time of the Town Hall Meeting (a Board of Commissioners meeting) shall be 5:30 p.m. before the regular meeting in May and November. In the event the town hall meeting falls on an official holiday or the Board of Commissioners deems appropriate by a majority vote, a new town hall meeting date may be set.
First Reading: June 09, 2009.
Public Hearing: June 22, 2009.
Final Reading: July 09, 2009.
Scott Carmichael, Mayor
ATTEST:
Sontidra L. Thomas, CMC
City Recorder
Thursday, June 18, 2009
ORDINANCE 09-132
AN ORDINANCE OF THE CITY OF LAKELAND, TENNESSEE, ADOPTING A
BUDGET FOR FISCAL YEAR JULY 01, 2009 THROUGH JUNE 30, 2010.
Be it ordained by the City of Lakeland, Tennessee as follows:
Section 1. That the total funds received from the sources shown under the attached Line Item Revenue Budget for Fiscal Year beginning July 01, 2009, be, and the same is hereby appropriated for the purpose set forth in detail in the Line Item Expenditures Budget for the payment of expenses and obligations of the City of Lakeland, Tennessee, for Fiscal Year beginning July 01, 2009 as follows:
A. OPERATING REVENUE GENERAL FUND: $4,292,282
B. OPERATING EXPENDITURES GENERAL FUND: $4,292,282
C. CAPITAL REVENUE (GRANTS & TML LOAN): $5,268,000
D. CAPITAL EXPENDITURES: $5,268,000
Section 2. Appropriations not to be exceeded. No expenditure listed above in the budget may be exceeded without appropriate ordinance action to amend the budget. Such action shall fully describe all changes proposed to the budget and shall include the sources of revenue to finance the proposed expenditures.
Section 3. Line item budget required. A line item budget shall be prepared in support of the budget. The line item budget shall be used as guidance and generally following in implementing the subject.
First Reading: May 07, 2009.
Public Hearing: May 26, 2009.
Final Reading: June 09, 2009.
____________________________
Scott Carmichael, Mayor
ATTEST:
____________________________
Sontidra Thomas, CMC
City Recorder
AN ORDINANCE OF THE CITY OF LAKELAND, TENNESSEE, ADOPTING A
BUDGET FOR FISCAL YEAR JULY 01, 2009 THROUGH JUNE 30, 2010.
Be it ordained by the City of Lakeland, Tennessee as follows:
Section 1. That the total funds received from the sources shown under the attached Line Item Revenue Budget for Fiscal Year beginning July 01, 2009, be, and the same is hereby appropriated for the purpose set forth in detail in the Line Item Expenditures Budget for the payment of expenses and obligations of the City of Lakeland, Tennessee, for Fiscal Year beginning July 01, 2009 as follows:
A. OPERATING REVENUE GENERAL FUND: $4,292,282
B. OPERATING EXPENDITURES GENERAL FUND: $4,292,282
C. CAPITAL REVENUE (GRANTS & TML LOAN): $5,268,000
D. CAPITAL EXPENDITURES: $5,268,000
Section 2. Appropriations not to be exceeded. No expenditure listed above in the budget may be exceeded without appropriate ordinance action to amend the budget. Such action shall fully describe all changes proposed to the budget and shall include the sources of revenue to finance the proposed expenditures.
Section 3. Line item budget required. A line item budget shall be prepared in support of the budget. The line item budget shall be used as guidance and generally following in implementing the subject.
First Reading: May 07, 2009.
Public Hearing: May 26, 2009.
Final Reading: June 09, 2009.
____________________________
Scott Carmichael, Mayor
ATTEST:
____________________________
Sontidra Thomas, CMC
City Recorder
ORDINANCE 09-131
AN ORDINANCE AMENDING THE CITY OF LAKEAND FEE SCHEDULE ORDINANCE 07-105 PERTAINING TO ROAD CUT AND BORING FEES
Be it ordained by the City of Lakeland as follows:
Section 1. Ordinance 07-105 is hereby amended as follows:
Section 2. The existing road cut and bore fees are amended as follows:
Road Cut Fees:
Road Cut $35.00 per cut/300 feet
Road Bore $35.00 per cut/300 feet
PERSONS FAILING TO ACQUIRE A STREET CUT PERMIT IN ACCORDANCE WITH SECTION 16.202 OF THE LAKELAND MUNICIPAL CODE SHALL BE CHARGED AN ADDITIONAL $50.00 PER PERMIT.
First Reading: May 07, 2009.
Public Hearing: May 26, 2009.
Final Reading: June 09, 2009.
Scott Carmichael, Mayor
ATTEST:
Sontidra L. Thomas, CMC
City Recorder
AN ORDINANCE AMENDING THE CITY OF LAKEAND FEE SCHEDULE ORDINANCE 07-105 PERTAINING TO ROAD CUT AND BORING FEES
Be it ordained by the City of Lakeland as follows:
Section 1. Ordinance 07-105 is hereby amended as follows:
Section 2. The existing road cut and bore fees are amended as follows:
Road Cut Fees:
Road Cut $35.00 per cut/300 feet
Road Bore $35.00 per cut/300 feet
PERSONS FAILING TO ACQUIRE A STREET CUT PERMIT IN ACCORDANCE WITH SECTION 16.202 OF THE LAKELAND MUNICIPAL CODE SHALL BE CHARGED AN ADDITIONAL $50.00 PER PERMIT.
First Reading: May 07, 2009.
Public Hearing: May 26, 2009.
Final Reading: June 09, 2009.
Scott Carmichael, Mayor
ATTEST:
Sontidra L. Thomas, CMC
City Recorder
Wednesday, April 15, 2009
ORDINANCE 09-130
AN ORDINANCE AMENDING ORDINANCE 07-105 PERTAINING TO
SEWER USER RATES
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAKELAND, TENNESSEE.
Section 1: Ordinance 07-105 is hereby amended as follows:
Section 2. The existing Lakeland Residential and Commercial sewer user rates are amended as follows:
CITY OF LAKELAND SEWER USER RATES
Residential $0.717 per CCF after 8.02 CCF plus $12.00 minimum charge
$12.00 MINIMUM CHARGE UP TO 8.02 CCF
MAXIMUM MONTHLY SEWER USE CHARGE IS $30.00
PLUS $10.00 MONTHLY SEWER SURCHARGE
(CCF =100 CUBIC FEET=748 GALLONS)
Commercial $1.00 PER CCF, $45.00 MINIMUM UP TO $1000.00 MAXIMUM PLUS $10.00 MONTHLY SURCHARGE
First Reading: February 23, 2009.
Public Hearing: March 19, 2009.
Final Reading: April 02, 2009.
Scott Carmichael, Mayor
ATTEST:
Anita Hughes
Deputy City Recorder
AN ORDINANCE AMENDING ORDINANCE 07-105 PERTAINING TO
SEWER USER RATES
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAKELAND, TENNESSEE.
Section 1: Ordinance 07-105 is hereby amended as follows:
Section 2. The existing Lakeland Residential and Commercial sewer user rates are amended as follows:
CITY OF LAKELAND SEWER USER RATES
Residential $0.717 per CCF after 8.02 CCF plus $12.00 minimum charge
$12.00 MINIMUM CHARGE UP TO 8.02 CCF
MAXIMUM MONTHLY SEWER USE CHARGE IS $30.00
PLUS $10.00 MONTHLY SEWER SURCHARGE
(CCF =100 CUBIC FEET=748 GALLONS)
Commercial $1.00 PER CCF, $45.00 MINIMUM UP TO $1000.00 MAXIMUM PLUS $10.00 MONTHLY SURCHARGE
First Reading: February 23, 2009.
Public Hearing: March 19, 2009.
Final Reading: April 02, 2009.
Scott Carmichael, Mayor
ATTEST:
Anita Hughes
Deputy City Recorder
Friday, February 6, 2009
ORDINANCE 09-129
AN ORDINANCE OF THE CITY OF LAKELAND AMENDING THE FEE SCHEDULE TO PROVIDE AMENDED FEES FOR COPYING PUBLIC RECORDS
Be It Ordained by the Board of Commissioners of the City of Lakeland, Tennessee:
Section 1. The fee for copying Public Documents is amended to $.15 (fifteen cents) per page for copying black and white copies and $.50 (fifty cents) for color copies.
Section 2. Research shall be at actual cost, including all personnel benefits, except there is no charge for the first hour of research.
First Reading: January 05, 2009.
Public Hearing: January 26, 2009.
Final Reading: February 05, 2009.
Scott Carmichael, Mayor
ATTEST:
Sontidra Thomas, CMC
City Recorder
AN ORDINANCE OF THE CITY OF LAKELAND AMENDING THE FEE SCHEDULE TO PROVIDE AMENDED FEES FOR COPYING PUBLIC RECORDS
Be It Ordained by the Board of Commissioners of the City of Lakeland, Tennessee:
Section 1. The fee for copying Public Documents is amended to $.15 (fifteen cents) per page for copying black and white copies and $.50 (fifty cents) for color copies.
Section 2. Research shall be at actual cost, including all personnel benefits, except there is no charge for the first hour of research.
First Reading: January 05, 2009.
Public Hearing: January 26, 2009.
Final Reading: February 05, 2009.
Scott Carmichael, Mayor
ATTEST:
Sontidra Thomas, CMC
City Recorder
Monday, December 8, 2008
ORDINANCE 08-127
AN ORDINANCE CREATING CHAPTER 7, WITHIN TITLE 18 OF THE LAKELAND MUNICIPAL CODE THAT ESTABLISHES NEW REGULATIONS GOVERNING
THE DISBURSEMENT OF SEWER DEVELOPMENT FEES FOR OVERSIZING OF WASTEWATER COLLECTION SYSTEMS.
Be It Ordained by the Board of Commissioners of the City of Lakeland, Tennessee
Section 1:
Chapter 7 is hereby added to Title 18 of the Lakeland, Tennessee Municipal Code.
CHAPTER 7
WASTEWATER COLLECTION SYSTEM OVERSIZING ALLOWANCES
SECTION
18-701. Purpose and Scope.
18-702. Definitions.
18-703. Oversizing Requirements.
18-704. Oversizing Reimbursement and Recapture Provisions.
18-705. Exemptions.
18-706. Appeals.
18-707. Severability.
18-701. Purpose and Scope.
(1) The city has the authority to enact this chapter pursuant to State Statutes.
(2) The purpose of this chapter is to provide developers over-sizing reimbursements for the over-sizing of wastewater collection systems.
(3) This chapter shall apply to all city-owned or controlled wastewater collection facilities and systems within the city limits of Lakeland.
(4) This chapter does not apply to other governmental entities or agencies that own, operate, and maintain their own wastewater collection systems.
(5) This chapter does not apply to privately-owned wastewater collection systems connected to the city systems.
18-702. Definitions. The following definitions shall apply in the interpretation of this chapter:
(1) “City” means the governing body of the City of Lakeland, Tennessee
(2) “Developer” means any individual, person, subdivision, or other legal entity that must construct and/or extend wastewater collection facilities for system or project improvements.
(3) “City manager” means the city manager or his/her appointed designee.
(4) “Master plans” means the currently adopted Wastewater Collection System Master Plan, and the Comprehensive Land Use Plan developed for the city which may indicate the size and conceptual location of wastewater collection mains in order to service future expansion of the city.
(5) “Over-sizing reimbursement” means payment to a developer for the over-sizing costs of wastewater collection systems above the size required to serve the proposed and potential development.
(6) “Oversized wastewater collection mains” means generally wastewater collection mains over ten inches in diameter and are required by the adjacent land use, master plan or system improvements.
(7) “Project improvements” means wastewater facilities that are planned and designed to provide service for a particular development project, and are necessary for the use and convenience for the occupants or users for such project, and are not considered system improvements to be considered for over-sizing reimbursement by the city as otherwise provided herein. The character of the improvements shall control the determination of whether an improvement is a project improvement or a system improvement, and a physical location of the improvement on-site or off-site shall not be considered determinative of whether an improvement is a project improvement or system improvement. If an improvement or facility provides, or will provide, more than incidental service or facilities to persons other than the user occupants of a particular project, the improvement or facility is a system improvement and shall not be considered a project improvement.
(8) “System improvements” means capital improvements that are wastewater facility improvements which are designed to provide service to the community-at-large in contrast to project improvements for a particular development.
18-703. Over-sizing Requirements. The over-sizing of wastewater collection systems shall be based upon the city’s master plans. However, the city reserves the right to specify sizes and locations of all sewer mains, including those not otherwise delineated by the master plans.
(1) All developers shall develop and plan for wastewater collection systems in accordance with the requirements of the city, and for the sizing and location of such system improvements.
(2) The developer, at its sole expense, shall furnish and install all wastewater collection systems in the project. The city shall compensate the developer for over-sizing of wastewater collection systems as provided herein.
(a) The city, in requiring the over-sizing of wastewater collection systems, may consider the following:
(i.) The developer shall provide a wastewater collection system analysis performed by an engineer in accordance with design requirements established by the Tennessee Department of Environment and Conservation and the city. The wastewater system hydraulic analysis shall be approved by the City Engineer to be acceptable for serving the
developer’s project and all surrounding lands also owned by the developer and/or other partnerships or corporations in which the developer has an interest.
(ii) Whether over-sizing corrects wastewater collection not identified in the appropriate master plan.
(iii) Whether over-sizing corrects wastewater collection system deficiencies identified in the appropriate master plan or as identified by the city.
(iv) Whether the project promotes infill or extension of oversized wastewater collection systems located within or adjacent to the city limits.
(v) Wastewater collection system deficiencies shall be determined solely by the city.
(3) A developer shall, as solely determined and directed by the city, install oversized wastewater collection mains, when sizing may not necessarily be in concurrence with the master plans adopted by the city.
18-704. Over-sizing Reimbursement and Recapture Provisions.
(1) An over-sizing reimbursement shall be available to the developer for over-sizing wastewater collection systems as required by the city to be installed in a project or development. Over-sizing reimbursement provisions shall be contained in a Development Contract with the developer.
(2) The developer shall be solely responsible for all wastewater collection systems sized to service the developer’s project and any surrounding land also owned by the developer and/or other partnerships or corporations in which the developer has an interest. An over-sizing reimbursement may only be allowed for the size as required by the city over the size reasonably required by the project and any surrounding land also owned by the developer, and/or other partnerships or corporations in which the developer has an interest.
(3) The over-sizing reimbursement shall be calculated and based upon twice the difference of the reasonable cost of materials, as specified below, for the sizing, as required by the city, of the sewer pipe for the wastewater collection system over and above the cost of the same materials for such wastewater collection system otherwise reasonably sized for the project and all the surrounding land also owned by the developer and/or other partnerships or corporations in which the developer has an interest. An engineer of the developer shall supply a list of associated material costs and all over-sizing quantities required for the project to the city. These over-sizing quantities must be certified by the City engineer to be correct to his/her best belief and knowledge.
(4) The over-sizing reimbursement shall be determined by the city, based on material costs prevailing at the time of the execution of the Development Contract.
(5) An over-sizing reimbursement shall not be paid to the developer until the project or development is fully accepted by the city for ownership, operation, and maintenance. A developer shall apply to the city through the city engineer’s office for all over-sizing reimbursements within one hundred eighty days of the date the developer is notified by the city of the commencement of one year warranty period for the wastewater collection system oversized pursuant to this chapter or otherwise be forever barred from applying for or collecting from the city any such over-sizing reimbursement.
(6) If sufficient funds are not available from the city sewer fund to finance the cost for over-sizing reimbursement, the payment of the reimbursement will be postponed, interest free, until such time as appropriate funds are available.
(7) If at any time in the future should a developer connect onto a sewer line previously provided an over-sizing allowance, the City shall be entitled to recapture a portion of the over-sizing allowance based on the percentage unused hydraulic capacity of the oversized sewer main. The amount of recapture shall be as determined by the procedures outlined in the fee schedule.
The recapture amount shall be provided to the City of Lakeland upon execution of the Development Contract for that particular development. If no Development Contract exists, the fees shall be paid prior to connecting up to the sewer.
18-705. Exemptions.
(1) The following shall be exempted from this chapter and over-sizing requirements and over-sizing reimbursement:
(a) Privately-owned and other governmental entities/agency-owned, operated and maintained wastewater collection systems connected to the city systems will be exempt from this chapter and are not eligible for over-sizing reimbursements as otherwise provided by this chapter. Only wastewater collection mains to be accepted by the city for public ownership and maintenance will be eligible for an over-sizing reimbursement.
18-706. Appeals.
(1) Any developer directly aggrieved by a decision of the city with respect to the determination of the amount or methodology in calculation of an over-sizing reimbursement may appeal their cause to the Board of Appeals.
(2) An appeal notice which states the grounds and reasons for the appeal shall be made in writing to the Board of Appeals within twenty days of the date the developer is notified of the amount and calculation of an over-sizing reimbursement. The Board of Appeals is to preside at and make a record of such appeal.
18-707. Severability.
(1) If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holdings shall not affect the validity of the remaining portions thereof of this chapter.
First Reading: November 06, 2008.
Public Hearing: November 24, 2008.
Final Reading: December 04, 2008.
Scott Carmichael, Mayor
ATTEST:
Sontidra Franklin, CMC
City Recorder
AN ORDINANCE CREATING CHAPTER 7, WITHIN TITLE 18 OF THE LAKELAND MUNICIPAL CODE THAT ESTABLISHES NEW REGULATIONS GOVERNING
THE DISBURSEMENT OF SEWER DEVELOPMENT FEES FOR OVERSIZING OF WASTEWATER COLLECTION SYSTEMS.
Be It Ordained by the Board of Commissioners of the City of Lakeland, Tennessee
Section 1:
Chapter 7 is hereby added to Title 18 of the Lakeland, Tennessee Municipal Code.
CHAPTER 7
WASTEWATER COLLECTION SYSTEM OVERSIZING ALLOWANCES
SECTION
18-701. Purpose and Scope.
18-702. Definitions.
18-703. Oversizing Requirements.
18-704. Oversizing Reimbursement and Recapture Provisions.
18-705. Exemptions.
18-706. Appeals.
18-707. Severability.
18-701. Purpose and Scope.
(1) The city has the authority to enact this chapter pursuant to State Statutes.
(2) The purpose of this chapter is to provide developers over-sizing reimbursements for the over-sizing of wastewater collection systems.
(3) This chapter shall apply to all city-owned or controlled wastewater collection facilities and systems within the city limits of Lakeland.
(4) This chapter does not apply to other governmental entities or agencies that own, operate, and maintain their own wastewater collection systems.
(5) This chapter does not apply to privately-owned wastewater collection systems connected to the city systems.
18-702. Definitions. The following definitions shall apply in the interpretation of this chapter:
(1) “City” means the governing body of the City of Lakeland, Tennessee
(2) “Developer” means any individual, person, subdivision, or other legal entity that must construct and/or extend wastewater collection facilities for system or project improvements.
(3) “City manager” means the city manager or his/her appointed designee.
(4) “Master plans” means the currently adopted Wastewater Collection System Master Plan, and the Comprehensive Land Use Plan developed for the city which may indicate the size and conceptual location of wastewater collection mains in order to service future expansion of the city.
(5) “Over-sizing reimbursement” means payment to a developer for the over-sizing costs of wastewater collection systems above the size required to serve the proposed and potential development.
(6) “Oversized wastewater collection mains” means generally wastewater collection mains over ten inches in diameter and are required by the adjacent land use, master plan or system improvements.
(7) “Project improvements” means wastewater facilities that are planned and designed to provide service for a particular development project, and are necessary for the use and convenience for the occupants or users for such project, and are not considered system improvements to be considered for over-sizing reimbursement by the city as otherwise provided herein. The character of the improvements shall control the determination of whether an improvement is a project improvement or a system improvement, and a physical location of the improvement on-site or off-site shall not be considered determinative of whether an improvement is a project improvement or system improvement. If an improvement or facility provides, or will provide, more than incidental service or facilities to persons other than the user occupants of a particular project, the improvement or facility is a system improvement and shall not be considered a project improvement.
(8) “System improvements” means capital improvements that are wastewater facility improvements which are designed to provide service to the community-at-large in contrast to project improvements for a particular development.
18-703. Over-sizing Requirements. The over-sizing of wastewater collection systems shall be based upon the city’s master plans. However, the city reserves the right to specify sizes and locations of all sewer mains, including those not otherwise delineated by the master plans.
(1) All developers shall develop and plan for wastewater collection systems in accordance with the requirements of the city, and for the sizing and location of such system improvements.
(2) The developer, at its sole expense, shall furnish and install all wastewater collection systems in the project. The city shall compensate the developer for over-sizing of wastewater collection systems as provided herein.
(a) The city, in requiring the over-sizing of wastewater collection systems, may consider the following:
(i.) The developer shall provide a wastewater collection system analysis performed by an engineer in accordance with design requirements established by the Tennessee Department of Environment and Conservation and the city. The wastewater system hydraulic analysis shall be approved by the City Engineer to be acceptable for serving the
developer’s project and all surrounding lands also owned by the developer and/or other partnerships or corporations in which the developer has an interest.
(ii) Whether over-sizing corrects wastewater collection not identified in the appropriate master plan.
(iii) Whether over-sizing corrects wastewater collection system deficiencies identified in the appropriate master plan or as identified by the city.
(iv) Whether the project promotes infill or extension of oversized wastewater collection systems located within or adjacent to the city limits.
(v) Wastewater collection system deficiencies shall be determined solely by the city.
(3) A developer shall, as solely determined and directed by the city, install oversized wastewater collection mains, when sizing may not necessarily be in concurrence with the master plans adopted by the city.
18-704. Over-sizing Reimbursement and Recapture Provisions.
(1) An over-sizing reimbursement shall be available to the developer for over-sizing wastewater collection systems as required by the city to be installed in a project or development. Over-sizing reimbursement provisions shall be contained in a Development Contract with the developer.
(2) The developer shall be solely responsible for all wastewater collection systems sized to service the developer’s project and any surrounding land also owned by the developer and/or other partnerships or corporations in which the developer has an interest. An over-sizing reimbursement may only be allowed for the size as required by the city over the size reasonably required by the project and any surrounding land also owned by the developer, and/or other partnerships or corporations in which the developer has an interest.
(3) The over-sizing reimbursement shall be calculated and based upon twice the difference of the reasonable cost of materials, as specified below, for the sizing, as required by the city, of the sewer pipe for the wastewater collection system over and above the cost of the same materials for such wastewater collection system otherwise reasonably sized for the project and all the surrounding land also owned by the developer and/or other partnerships or corporations in which the developer has an interest. An engineer of the developer shall supply a list of associated material costs and all over-sizing quantities required for the project to the city. These over-sizing quantities must be certified by the City engineer to be correct to his/her best belief and knowledge.
(4) The over-sizing reimbursement shall be determined by the city, based on material costs prevailing at the time of the execution of the Development Contract.
(5) An over-sizing reimbursement shall not be paid to the developer until the project or development is fully accepted by the city for ownership, operation, and maintenance. A developer shall apply to the city through the city engineer’s office for all over-sizing reimbursements within one hundred eighty days of the date the developer is notified by the city of the commencement of one year warranty period for the wastewater collection system oversized pursuant to this chapter or otherwise be forever barred from applying for or collecting from the city any such over-sizing reimbursement.
(6) If sufficient funds are not available from the city sewer fund to finance the cost for over-sizing reimbursement, the payment of the reimbursement will be postponed, interest free, until such time as appropriate funds are available.
(7) If at any time in the future should a developer connect onto a sewer line previously provided an over-sizing allowance, the City shall be entitled to recapture a portion of the over-sizing allowance based on the percentage unused hydraulic capacity of the oversized sewer main. The amount of recapture shall be as determined by the procedures outlined in the fee schedule.
The recapture amount shall be provided to the City of Lakeland upon execution of the Development Contract for that particular development. If no Development Contract exists, the fees shall be paid prior to connecting up to the sewer.
18-705. Exemptions.
(1) The following shall be exempted from this chapter and over-sizing requirements and over-sizing reimbursement:
(a) Privately-owned and other governmental entities/agency-owned, operated and maintained wastewater collection systems connected to the city systems will be exempt from this chapter and are not eligible for over-sizing reimbursements as otherwise provided by this chapter. Only wastewater collection mains to be accepted by the city for public ownership and maintenance will be eligible for an over-sizing reimbursement.
18-706. Appeals.
(1) Any developer directly aggrieved by a decision of the city with respect to the determination of the amount or methodology in calculation of an over-sizing reimbursement may appeal their cause to the Board of Appeals.
(2) An appeal notice which states the grounds and reasons for the appeal shall be made in writing to the Board of Appeals within twenty days of the date the developer is notified of the amount and calculation of an over-sizing reimbursement. The Board of Appeals is to preside at and make a record of such appeal.
18-707. Severability.
(1) If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holdings shall not affect the validity of the remaining portions thereof of this chapter.
First Reading: November 06, 2008.
Public Hearing: November 24, 2008.
Final Reading: December 04, 2008.
Scott Carmichael, Mayor
ATTEST:
Sontidra Franklin, CMC
City Recorder
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