ORDINANCE 10-141
AN ORDINANCE AMENDING SECTION 12-201, 12-202, 12-203 AND 12-204 OF THE LAKELAND MUNICIPAL CODE PERTAINING TO TITLE AND PURPOSE, REQUIREMENT OF INSPECTIONS, REQUIREMENT OF DEPOSITS, AND REVOCATION OF DEPOSITS
NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAKELAND, TENNESSEE:
SECTION 1: Section 12-201, 12-202, 12-203 and 12-204 are hereby amended as follows:
Section 12-201. Title and Purpose. The purpose of this chapter is to protect the health, safety and welfare of the citizens of Lakeland by requiring builders and contractors to control erosion, silt, storm water run off, construction debris, trash and comply with various plat conditions required by the Lakeland Board of Commissioners, Municipal Planning Commission, Design Review Commission, and other City Ordinances; preventing disruption of the life of residents within a subdivision development; and preserving the quality of the environment.
Section 12-202. Inspection Required. Except as otherwise provided in this Chapter, it shall be unlawful for any person to erect, construct, enlarge, move or convert any building, or initiate lot grading in the City or cause the same to be done, without first obtaining a pre-construction inspection and securing a permit from the appropriate City official. The following must be completed in order to receive a building permit:
1. Erosion control measures, tree fencing, and clearing limits must be in place and installed in accordance with Lakeland Specifications and to the reasonable satisfaction of the City.
2. A waste/trash bin or container must be on site for the daily collection of construction debris and trash.
3. Portable restroom facilities must be in place on the job site.
4. City inspection of existing public improvements to evaluate post-construction damage that may occur to road surfaces, including curb and gutter, and storm drains adjacent to the construction activity.
A building permit shall only be approved by the City after the measures outlined above are completed and the applicant receives a pre-construction site approval.
Section 12-203. Monetary Deposit Required. A refundable deposit in an amount determined by the Board of Commissioners is required for each residential and commercial lot. Said deposit will be refunded to the applicant if it has been demonstrated during the course of construction that erosion control practices have remained in place and have not been breached and construction debris and waste has been controlled.
1. It has been demonstrated during the course of construction that erosion control practices have remained in place and have not been breached and construction debris and waste has been controlled, and
2. All required permit conditions have been satisfied and/or not violated including:
a. erosion control, tree fencing, clearing limits, and grading and drainage requirements, and
b. existing public improvements such as roadway conditions, curb and gutter, and adjacent drainage structures remain unharmed from pre-construction condition to post-construction condition, and
c. individual lot conditions as set forth in the development approval process and City ordinances have been completed and approved by the appropriate City Official.
Section 12-204. Revocation of Deposit.
1. Any violation not corrected within two (2) working days from the date of written notice by the City Manager or his designee shall be considered a breach of the building permit and subject the permit to possible revocation and/or suspension.
2. Should it become necessary for the City of correct any violation, a fee deduction from the deposit for costs incurred to mitigate said violations may be assessed and the remaining balance, if any, returned to the applicant upon completion and inspection of the project. Should mitigation costs exceed the amount deposited, the Permitee shall be required to pay the balance prior to receiving a Certificate of Occupancy.
3. The City reserves the right to put a “Stop Work Order” on any project until the inspector determines that all violations have been corrected.
Section 2: This Ordinance shall take effect immediately after its passage on second and final reading, the public welfare requiring it.
First Reading: December 03, 2009.
Public Hearing: December 21, 2009.
Final Reading: January 07, 2009.
Scott Carmichael, Mayor
ATTEST:
Sontidra L. Thomas, CMC
City Recorder
