Lakeland Ordinances (new)

2011-07-11T13:41:00.000-07:00

ORDINANCE 11-161
AN ORDINANCE OF THE CITY OF LAKELAND AMENDING ORDINANCE 09-133; CHANGING THE TIME FOR THE MAY AND NOVEMEBER TOWN HALL MEETING

Be It Ordained By the City of Lakeland, Tennessee as follows:

Title 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 6:30 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 deem appropriate by a majority vote, a new town hall meeting date may be set.

First Reading: June 02, 2011.
Public Hearing: June 28, 2011.
Final Reading: July 07, 2011.

Scott Carmichael, Mayor

ATTEST:

Sontidra L. Thomas, CMC
City Recorder

2011-07-11T13:39:00.000-07:00

ORDINANCE 11-160
AN ORDINANCE CREATING SECTION 15-304 OF CHAPTER 3, TITLE 15 PERTAINING TO ESTABLISHING SPEED LIMITS ON COBB ROAD, MEMPHIS ARLINGTON ROAD, MONROE ROAD AND OLD BRUNSWICK ROAD

WHEREAS, the Board of Commissioners desires to establish safe speed limits for vehicles traveling along Memphis Arlington, Cobb Road, Monroe Road and Old Brunswick Road inside the City of Lakeland; and,

NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF LAKELAND THAT:

Section 1. Section 15-304 is hereby added to Title 15, Chapter 3 of the Lakeland Municipal Code.

15-304. Speed Limits on Cobb Road, Memphis Arlington Road, Monroe Road, and Old Brunswick Road. The speed limit on Cobb Road, Memphis Arlington, Monroe Road, and Old Brunswick Road shall be as listed in the table below:
Roadway Length Current Speed Limit
Proposed Speed Limit
Cobb Road Bentbrooke Avenue to Monroe 45 mph 30 mph
Memphis Arlington Road Evergreen Road to end of eastern corporate limits 45 mph 35 mph
Memphis Arlington Road Wren Hill Drive to Canada Road 45 mph 35 mph
Monroe Road Cobb Road to Chambers Chapel 45 mph 30 mph
Old Brunswick Road Jack Bond to Stewart Road 35 mph 30 mph

Section 2. Effective Date. This Ordinance shall take effect immediately after its final passage and publication, the public welfare requiring it.

First Reading: June 2, 2011.
Public Hearing: June 28, 2011.
Final Reading: July 7, 2011.

Scott Carmichael, Mayor

ATTEST:

Sontidra L. Thomas, CMC
City Recorder

2011-06-03T11:10:00.000-07:00

ORDINANCE 11-159
AN ORDINANCE OF THE CITY OF LAKELAND, TENNESSEE, ADOPTING A
BUDGET FOR FISCAL YEAR JULY 01, 2011 THROUGH JUNE 30, 2012.

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, 2011, 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, 2011 as follows:

A. OPERATING REVENUE GENERAL FUND: $4,203,665

B. OPERATING EXPENDITURES GENERAL FUND: $4,203,665

C. CAPITAL REVENUE (GRANTS & TML LOAN): $3,560,000

D. CAPITAL EXPENDITURES: $3,560,000

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.

Section 4. Money may be transferred from one appropriation to another in the same fund only by appropriate ordinance by the governing body, subject to such limitations and procedures as it may describe as allowed by Section 6-56-209 of the Tennessee Code Annotated. Any resulting transfers shall be reported to the governing body at its next regular meeting and entered into the minutes.

Section 5. If for any reason a budget ordinance is not adopted prior to the beginning of the next fiscal year, the appropriations in this budget ordinance shall become the appropriations for the next fiscal year until the adoption of the new budget ordinance in accordance with Section 6-56-210, Tennessee Code Annotated provided sufficient revenues are being collected to support the continuing appropriations. Approval of the Director of the Division of State and Local Finance in the Comptroller of the Treasury for a continuation budget will be requested if any indebtedness is outstanding.

First Reading: May 02, 2011.
Public Hearing: May 24, 2011.
Final Reading: June 02, 2011.

Scott Carmichael, Mayor

ATTEST:

Sontidra L. Thomas, CMC
City Recorder

2011-04-11T14:10:00.000-07:00

ORDINANCE 11-158
AN ORDINANCE OF THE CITY OF LAKELAND AMENDING THE FEE SCHEDULE TO INCLUDE FEES FOR INSTRUCTIONAL CLASS

Be It Ordained By the City of Lakeland as follows:

SECTION 1: The City of Lakeland Fee Schedule is hereby amended as attached hereto (Exhibit A)

First Reading: March 03, 2011.
Public Hearing: March 29, 2011.
Final Reading: April 07, 2011.

Scott Carmichael, Mayor

ATTEST:

Sontidra L. Thomas, CMC
City Recorder

ATTACHMENT

Parks and Recreation Fees:

Team Fees: Soccer $90.00 (Ord.10-150)
Basketball $90.00 (Ord. 10-150)
Cheerleading (uniform not included) $85.00 (Ord. 10-150)
T-Ball ---------------------------------$90.00 (Ord. 10-150)
Tennis Lessons --------------------------- $25 (per session)
Tennis League Play ----------------------- $25

Camp Fee: Day Camp Fee (per week) -------------$75 (1st child)
$50 (per week) for each additional child (same family)
Full Enrollment – Monday through Friday, 8:30 am – 3:30 pm)
Day Camp Fee (week to week) $100 (per child)

Pavilion: Rental $100.00 (Ord. 10-150)
Clean-up deposit (refundable) $50.00 (Ord. 10-150)

IH Clubhouse: Rental (first four hours) $500 (Ord. 10-150)
$50 (for each additional hour)

Cancellation Fee -------------------------------------- $50 (3 wks. prior)
Cancellation of Reservation Deposit ------------------- $200
(less than 3 wks. of the event)

Training/Instructional/Educational Classes:
Rental (1daytime hour (7 a.m. to 6 p.m.))-------------------- $12.50 or
25% of class fee (roster must be submitted for each session)
Note: A minimum number of rental periods (i.e. once per week
for eight weeks) may be required for this rate. (Ord. 11-158)

Rental (first three daytime hours (7 a.m. to 6 p.m.)) ------ $25 or
25% of class fee (roster must be submitted for each session)
Note: Night classes are available Monday through Thursday with approval of City Manager or Designee. (Ord. 11-158)

2011-03-04T10:10:00.000-08:00

ORDINANCE 11-157
AN ORDINANCE AMENDING ORDINANCE 09-139 PERTAINING SANITATION FEES

WHEREAS, Tennessee Code Annotated, § 68-211-901 et seq. provides that municipalities have authority by ordinance to adopt rules and regulations deemed necessary to accomplish the purpose of this statute, including the adoption of a system of fees for sanitation collection services.

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAKELAND, TENNESSEE.

Section 1: Ordinance 09-139 is hereby amended and the following new Section is added.

Section 2. Establishment of new monthly Sanitation Rate commencing on March 4, 2011 as follows:

Solid Waste Residential Fee: $22.39/customer/month

Section 3. Yard Waste Collection collected outside of the Yard Waste Cart shall be charged by the City’s Refuse Collection and Disposal Contractor at the rate of $25.00 for the first thirty minutes and $10 per five minutes thereafter.

Section 4. In the event of major adverse weather events that produce an abundant amount of yard waste debris in the community, the Board of Commissioners grants the City Manager authority to waive yard waste collection fees for a period not to exceed three weeks for each event.

Section 5. The cost for an additional yard waste cart is $3.30 per customer per month.

BE IT FURTHER ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF LAKELAND THAT:

This Ordinance shall take effect immediately after its passage on second and final reading, the public welfare requiring it.

First Reading: February 3, 2011.
Public Hearing: February 22, 2011.
Final Reading: March 3, 2011.

Scott Carmichael, Mayor

ATTEST:

Sontidra L. Thomas, CMC
City Recorder

2011-02-04T13:24:00.000-08:00

ORDINANCE 11-156
AN ORDINANCE AMENDING ARTICLE VII (FLOOD PLAIN OVERLAY DISTRICT), CHAPTER 2, TITLE 14 OF THE LAKELAND MUNICIPAL CODE PERTAINING TO ESTABLISHING MINIMUM LOWEST FLOOR ELEVATIONS ABOVE THE BASE FLOOD ELEVATION

NOW THEREFORE BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAKELAND, TENNESSEE:

Section 1: Section 3.C.2.a. , Section 3.C.2.b., Section 3.C.2.d (2)(a) and Section 3.C.9.e of Article VII, Chapter 2 of Title 14 of the Lakeland Municipal Code are hereby amended to read as follows:

3.C. Provisions for Flood Hazard Reduction.

2. Specific Standards – These provisions shall apply to all areas of special flood hazard as provided herein:

a. Residential Construction - where base flood elevation data is available, new construction or substantial improvement of any residential building (or manufactured home) shall have the lowest floor, including basement elevated no lower than thirty (30) inches above the base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, opening sufficient to facility the unimpeded movements of flood water shall be provided in accordance with standards of Section 3.

Within unnumbered A zones, where base flood elevations have not been established and where alternative data is not available, the city engineer shall require the lowest floor of a building to be elevated or flood proofed to a level of at least three (3) feet above the highest adjacent grade (lowest floor and highest adjacent grade being defined in Section 2 of this ordinance. All applicable data including elevations or flood proofing certifications shall be recorded as set forth in Section b.3

b. Non-Residential Construction. New construction or substantial improvement of any commercial, industrial, or non-residential building, when the Base Flood Elevation is available, shall have the lowest floor, including the basement, elevated or flood proofed no lower than thirty (30) inches above the level of the base flood elevation.

d. Standards for Manufactured Homes and Recreational Vehicles

(2) All manufactured homes placed or substantially improved in an existing manufactured home park or subdivision must be elevated so that either:
(a) The lowest floor of the manufactured home is elevated no lower than thirty (30) inches above the level of the base flood elevation on a permanent foundation or;

(b) Absent base flood elevations, the manufactured home chassis is elevated and supported by reinforced piers or other foundation elements at least three (3) feet in height above the highest adjacent grade.

9e. Design – Subdivision designs will include a routing of the 100 year storm through the development. Minimum finish floor elevations will be set by the developer’s engineers on critical lots to ensure thirty (30) inches above the 100 year storm is maintained.

Section 2: This ordinance shall take effect immediately after its passage on second and final reading, the public welfare requiring it.

First Reading: January 06, 2011.
Public Hearing: January 25, 2011.
Final Reading: February 03, 2011.

_________________________________
J. Scott Carmichael, Mayor

ATTEST:

_________________________________
Sontidra L. Thomas, CMC
City Recorder

- 2 -

2011-01-12T09:41:00.000-08:00

ORDINANCE 11-155
AN ORDINANCE AMENDING ORDINANCE 10-147 PERTAINING TO
RESIDENTIAL AND COMMERCIAL SEWER USER RATES

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAKELAND, TENNESSEE:

Section 1: Ordinance 10-147 is hereby amended as follows:

Section 2. The existing Lakeland Residential and Commercial sewer user rates are amended as follows upon passage of this ordinance:

CITY OF LAKELAND SEWER USER RATES

Residential:

Calendar year 2011, the residential rate shall be $27.20 for the first 8.01 ccf (6000 gallons). Thereafter the rate shall be $0.90 per hundred cubic feet (ccf). The maximum monthly sewer use charge is $40.00

Calendar year 2012, the residential rate shall be $27.20 for the first 8.01 ccf (6000 gallons). Thereafter the rate shall be $1.12 per hundred cubic feet (ccf). The maximum monthly sewer use charge is $40.00.

Commercial:

For calendar year 2011, the commercial rate shall be $55.00 for the first 40.91 ccf (30,600 gallons). Thereafter the rate shall be $1.10 per hundred cubic feet (ccf).

For calendar year 2012, the commercial rate shall be $56.35 for the first 40.91 ccf (30,600 gallons). Thereafter the rate shall be $1.21 per hundred cubic feet (ccf)

First Reading: December 02, 2010.
Public Hearing: December 28, 2010
Final Reading: January 06, 2011.

Scott Carmichael, Mayor

ATTEST:

Sontidra L. Thomas, CMC
City Recorder

2010-11-08T08:41:00.001-08:00

ORDINANCE 10-154
AN ORDINANCE TO ADD CERTAIN PROVISIONS REGARDING OUTDOOR VENDING MACHINES IN ARTICLE IX, SECTION 3 OF THE ZONING ORDINANCE; PROVIDING AN EFFECTIVE DATE

WHEREAS, The City does not currently regulate outdoor vending, although several outdoor vending machines currently exist at various locations in Lakeland; and,

WHEREAS, Without an ordinance in place specifically allowing such vending, the City has not permitted new outdoor vending machines; and,

WHEREAS, The City understands that outdoor vending offers a convenience to residents and customers and that it is appropriate to allow outdoor vending machines with strict standards to maintain an attractive appearance and promote a safe environment; and,

WHEREAS, The Municipal Planning Commission reviewed the proposed ordinance at its meeting on September 20, 2010 and unanimously recommended approval of the proposed standards for outdoor vending machines.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF LAKELAND TENNESSEE THAT:

Section 1. The City of Lakeland Zoning Ordinance is hereby amended, as more fully described and illustrated in Exhibit “A” attached hereto.

Section 2. The provisions of this Ordinance are severable. If any provision of this Ordinance or the application thereof to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision or application.

Section 3. This Ordinance shall take effect immediately after its final passage, the public welfare requiring it.

First Reading: October 07, 2010.

Public Hearing: October 26, 2010.

Final Reading: November 04, 2010.

Scott Carmichael, Mayor

ATTEST:

Sontidra L. Thomas, CMC
City Recorder

Exhibit “A”

Note: Proposed text additions are underlined below.

B. Specific Standards – Accessory structures shall be constructed in accordance with the following regulations:

1. Number Allowed – A maximum of two (2) accessory structures may be constructed.

2. Residential Accessory Structure – All accessory structures placed on parcels zoned in a residential classification shall be placed a minimum of ten (10) feet from the rear property line. All accessory structures shall be placed the minimum prescribed side yard setback requirement of the residential zoning district in which the parcel is located; provided, however, that under no circumstance shall an accessory structure be located closer than five (5) feet from a side property line. Accessory structures placed five (5) feet from the side property line shall not exceed a height of ten (10) feet; provided, however, that for every one (1) foot of additional setback from five (5) feet off the side property line the accessory structure is placed, the height may be increased one (1) foot or portion thereof not to exceed a maximum height of fifteen (15) feet. The maximum height of an accessory structure in a residential district shall be fifteen (15) feet. The materials, color and texture of the accessory structure shall match the principal structure or dwelling.

3. Non-Residential Accessory Structure – All accessory structures placed on parcels zoned in a non-residential classification shall be placed at the minimum setback requirement for all structures within the applicable zoning classification. The accessory structure shall not exceed a maximum height of fifteen (15) feet; provided, however, the height of an accessory structure may be increased one (1) foot for each additional one (1) foot increase in setback from the minimum setback requirement not to exceed a maximum height of twenty-five (25) feet.

4. Accessory Structures Placed on Double-front or Reverse-front Parcels –
Accessory structures placed on double-front or reverse-frontage parcels shall be placed a minimum of ten (10) feet from all property lines and shall not exceed a height of ten (10) feet.

5. Roof Pitch – The roof pitch of an accessory structure shall not be greater than the roof pitch of the principle structure. In the case of principle structures with flat roofs, the accessory structure shall be designed to provide a sloped roof.

6. Structures for Livestock – When an accessory structure houses livestock, it shall be located on a parcel that is no less than two (2) acres in size and shall be located no closer to the property line than thirty (30) feet. Structures for livestock shall not exceed a maximum height of twenty-five (25) feet.

7. Accessory Structures Prohibited in Front Yards – No accessory structure shall be placed within the font yard of any parcel of land.

8. Accessory Structure as Principal Structure – Accessory structures shall not be the principal structure located on a parcel. Accessory structures will be accessory to the principal use and structure located on a parcel.

9. Outdoor vending machine – An outdoor vending machine is defined as any self contained or connected appliance, machine, and/or storage container located outside a structure that dispenses or provides storage of a product or service. Outdoor vending includes, but is not limited to, movie vending, ice machines, soda machines, and propane displays.

The following standards apply to outdoor vending machines:

A. Outdoor vending machines shall be permitted as an accessory use in C-1 and C-2 Zoning Districts for the following:
i. Single occupant buildings with more than 10,000 square feet of gross floor area.
ii. Individual tenants in a multi-tenant building that have at least 100 feet of store front and 10,000 square feet of gross floor area.

B. Outdoor vending machines shall be flush against the facade of the principal structure.

C. Outdoor vending machines shall be placed on an impervious surface such as concrete or asphalt.

D. The linear width of all outdoor vending machines for a single occupant building or tenant within a multi-tenant building shall not exceed 10% of the total façade width of the single occupant building or tenant space for multi-tenant buildings.

E. No vending machine shall be placed in a location so as to impede pedestrian access, block parking areas, or create an unsafe condition. Businesses shall maintain at least four (4) feet of clear pedestrian access at all times.

F. Outdoor vending machines shall not be placed in direct view of directly adjacent residential structures.

G. The property on which the vending machine is located shall remain in compliance with Americans with Disabilities Act (ADA) standards at all times

2010-11-08T08:40:00.000-08:00

ORDINANCE 10-153

AN ORDINANCE CREATING CHAPTER 8, WITHIN TITLE 18
OF THE LAKELAND MUNICIPAL CODE THAT
ESTABLISHES NEW REGULATIONS GOVERNING
GREASE MANAGEMENT FOR FOOD SERVICE ESTABLISHMENTS
________________________________________________________________________

WHEREAS, the City of Lakeland wishes to institute rules and regulations on grease management for food service establishments:

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF LAKELAND THAT:

Section 1: Chapter 8 is hereby added to Title 18 of the Lakeland, Tennessee Municipal Code.

CHAPTER 8

GREASE MANAGEMENT FOR FOOD SERVICE ESTABLISHMENTS

SECTION
18-801. Purpose
18-802. Definitions.
18-803. General requirements.
18-804. Approved grease haulers
18-805. Grease control equipment requirements.
18-806. New multi-unit (strip mall) facilities.
18-807. Variance to grease interceptor installation.
18-808. Approval of grease control equipment.
18-809. Grease control equipment sizing.
18-810. Grease interceptor design and installation.
18-811. Grease interceptor cleaning/maintenance requirements.
18-812. “Additives” prohibition for use as grease management and control.
18-813. Right of entry—Inspection and monitoring.
18-814. Fee option.
18-815. Violations and enforcement action.

Sec. 18-801. Purpose.

This chapter sets forth requirements to aid in the prevention of sanitary sewer blockages, obstructions, and overflows due to the contribution and accumulation of fats, oils, and greases into said sewer system from commercial, industrial and institutional food service establishments. The objective is to reduce or eliminate sanitary sewer overflows onto streets, waterways, and onto residential and commercial properties and buildings that could result in liabilities to the City.

Sec. 18-802. Definitions.

l. Black water means wastewater containing human waste from sanitary fixtures such as toilets and urinals.
2. Brown grease means fats, oils, and grease that is discharged to the grease control equipment.
3. City shall mean the City of Lakeland or the city manager or designee.
4. FOG (fats, oils, and grease) means organic polar compounds derived from animal and/or plant sources. FOG may be referred to as “grease” or “greases” in this chapter.
5. Food service establishment (FSE) means any establishment, business or facility engaged in preparing, serving or making food available for consumption. Single family residences are not an FSE, however, multi-residential facilities may be considered an FSE at the discretion of the City. Food service establishments will be classified as follows:
Class 1: Deli—Engaged in the sale of cold cut and micro waved sandwiches/subs with no frying or grilling on site, ice cream shops and beverage bars as defined by NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) 77213, Mobile Food Vendors as defined by NAICS 722330.
Class 2: Limited-service restaurants (a.k.a. fast food facilities, daycares) as defined by NAICS 722211 and caterers as defined by NAICS 722320.
Class 3: Full-service restaurants as defined by NAICS 722110.
Class 4: Buffet and cafeteria facilities as defined by NAICS 72212.
Class 5: Institutions (schools, hospitals, prisons, etc.) as defined by NAICS 722310 but not to exclude self-run operations.
6. Gray water refers to all other wastewater other than black water as defined in this chapter.
7. Grease control equipment (GCE) means a device for separating and retaining
Wastewater FOG prior to wastewater exiting the FSE and entering the
City’s sewer system. Devices include grease interceptors, grease traps, or other devices approved by the City.
8. Grease interceptor means grease control equipment identified as a large tank,
usually 1,000-gallon to 3,000-gallon capacity, which provides FOG control for an FSE. Grease interceptors will be located outside the FSE, unless a variance request has been granted.
9. Grease trap means grease control equipment identified as an “under the
sink” trap, a small container with baffles, or a floor trap. For an FSE approved to install a grease trap, the minimum size requirement is the equivalent of a 20-gallon per minute/40-pound capacity trap. All grease traps will have flow control restrictor and venting.
10. Grease recycle container means a container used for the storage of yellow
grease.
11. Series (grease interceptors installed in series) means grease interceptor tanks are installed one after another in a row and are connected by plumbing pipe.
12. User means a customer operating a food service establishment and discharging to the sanitary sewer system.
13. Yellow grease means fats, oils and grease that has not been in contact or contaminated from other sources (water, wastewater, solid waste, etc.) and can be recycled. Yellow grease is normally stored in a grease recycle container or bin for beneficial reuse.

Sec. 18-803. General requirements.

1. All new and existing food service establishments (FSEs) are required to have grease control equipment (GCE) installed, maintained and operating properly, in accordance with this FOG chapter.
2. All FSEs will be required to maintain records of cleaning and maintenance of GCE. GCE maintenance records include, at a minimum, the date of cleaning/maintenance, company or person conducting the cleaning/maintenance, volume (in gallons) of grease wastewater removed and final disposal location.
3. GCE maintenance records will be available at the FSE premises so they can be provided to the City and/or the health department. The FSE shall maintain GCE maintenance records for two (2) years.
4. No FSE will discharge oil and grease in concentrations that exceed the City’s numerical limit for oil and grease.
5. Owners of commercial property will be held responsible for wastewater discharges from a leaseholder on their property.
6. Grease control equipment certification requirement. All establishments with grease control equipment must have their grease interceptor or grease trap inspected and certified every two years by a City “certified” grease waste hauler or plumber. If a grease interceptor or grease trap “passes” the certification requirement, then no further action is required. If a grease interceptor or grease trap “fails” the certification requirement, then a corrective action response is required from the FSE owner to the City within 30 calendar days.
7. FSEs shall dispose of yellow grease in an approved container or recycle container, and the contents shall not be discharged to any sanitary sewer line, storm water grate, drain or conveyance. Yellow grease, or oils, poured or discharged into the FSE sewer lines or City’s sewer system is a violation of this FOG chapter.
8. It shall be a violation of this FOG chapter to push or flush the non-water portion of GCE into the public sewer.

Sec. 18-804. Approved grease waste haulers.

To ensure proper disposal of the FOG waste, all grease waste haulers must operate trucks that are marked with a company name, phone number, waste hauler permit, number, city and state of legible size and color. The tank must also be marked with the company name and capacity of the tank in gallons. The hauler must provide proof upon request of the City that it is certified to operate in any of the surrounding communities in Shelby County.

Sec. 18-805. Grease control equipment requirements.

1. Any new FSE, existing FSE, upgrading of an existing FSE, or change of ownership of existing FSE will be required to install and maintain a grease interceptor.
2. New construction of FSEs shall have separate sanitary (restroom) and kitchen process lines. The kitchen process lines shall be plumbed to appropriately sized GCE. No sanitary wastewater or storm water shall be plumbed to the GCE.
3. All of the FSEs internal plumbing shall be constructed to separate sanitary (restroom) flow from kitchen process flow. Sanitary flow and kitchen process discharges shall be approved separately by the City and shall discharge from the building separately. Kitchen process lines and sanitary lines may combine prior to entering the public sewer; however, the lines cannot be combined until after the GCE.
4. A grease interceptor or grease trap will be installed and connected so that it may be easily accessible for inspection, cleaning and removal of grease at any time.
5. Existing food service establishments are required to install GCE and meet the FOG chapter requirements by January 1, 2013. Separate piping as specified under Section 18-806 is not required.

18-806. New multi-unit (strip mall) facilities.

1. New strip malls or strip centers must have two (2) separate sewer line connections at each unit within the strip mall or strip center. One sewer line will be for sanitary wastewater and one sewer line will be for the kitchen area, or potential kitchen area, of each unit. The kitchen area, or potential kitchen area, sewer line will be connected to floor drains in the specified kitchen area, and will connect, or be able to connect, to other food service establishment kitchen fixtures, such as a three-compartment sink, a two-compartment sink, a pre-rinse sink, a mop sink and/or a hand wash sink.
2. Owners of a new multi-unit facility or new “strip mall” facility shall contact the City prior to conducting private plumbing work at the multi-unit facility site. Multi-unit facility owners or their designated contractor shall have plans for separate private wastewater lines for kitchen and sanitary wastewater for each “individual” unit. In addition, the plans shall identify “stub-out” locations to accommodate a minimum of 1,000-gallon grease interceptor for each unit of the multi-unit facility.
3. FSEs located in a new multi-unit facility shall have a minimum of a 1,000-gallon grease interceptor installed, unless that FSE is identified as a class 1 facility. Sanitary wastewater, or black water, shall not be connected to GCE.

Sec. 18-807. Variance to grease interceptor installation.

At the discretion of the City Engineer, an FSE may receive a variance from the required installation of a grease interceptor and sewer line piping. Variances will be limited to existing FSEs that have unusual physical location circumstances that will prevent the installation of a large grease interceptor or separate piping of sewer waste. Sizing of grease interceptors will be based on the standard PDI-G101 of the Plumbing & Drainage Institute, simplified chart, wherever possible.

Sec. 18-808. Approval of grease control equipment.

All existing FSEs that have upgraded their plumbing facilities must contact the City for final approval of the grease control equipment. This will include onsite inspection of the grease control equipment by the City..

Sec. 18-809. Grease control equipment sizing.

1. Minimum acceptable size of grease control equipment for each FSE classification will be as follows:
Class 1: Deli, ice cream shops, beverage bars, mobile food vendors—20gpm/40 pound grease trap (NAICS 72213, 72233).
Class 2: Limited-service restaurants/cafeterias/daycares—1,000-gallon grease interceptor (NAICS 722211, 722320).
Class 3: Full service restaurants—1,000-gallon grease interceptor (NAICS 722110).
Class 4: Buffet and cafeteria facilities—1,500- gallon grease interceptor (NAICS 72212)
Class 5: Institutions (schools, hospitals, prisons, etc.)—2,000-gallon grease interceptor (NAICS 722310).
2. To calculate the appropriate size GCE, the FSE’s engineer, architect or contractor should use a formula that considers fixture units, storage capacity, type of facility and an adequate retention time. The grease control equipment minimum acceptable size for the above listed FSE classification (class 1 through 5) must be met.
3. The City will review and approve of the GCE sizing received from the FSE’s engineer, architect or contractor. The City will make a decision to approve or require additional grease interceptor volume based on the type of FSE, the number of fixture units, and additional calculations. Grease interceptor capacity should not exceed three thousand (3,000) gallons for each interceptor tank. In the event that the grease interceptor calculated capacity needs to exceed three thousand (3,000) gallons, the FSE shall install an additional interceptor of the appropriate size. If additional interceptors are required, they shall be installed in series.
4. Grease interceptors that are installed in series shall be installed in such a manner to ensure positive flow between the tanks at all times. Therefore, tanks shall be installed so that the inlet invert of each successive tank shall be a minimum of two (2) inches below the outlet invert of the preceding tank.
5. Grease control equipment must remove fats, oils, and grease at or below the
City limit of one hundred (100) mg/L

Sec. 18-810. Grease interceptor design and installation.

(a) Access openings (manholes)
1. Access to grease interceptors shall be provided by a minimum of one manhole per interceptor division (baffle chamber) and of 24-inch minimum dimensions terminating one inch above finished grade with cast iron frame and cover. An eight-inch thick concrete pad extending a minimum of twelve (12) inches beyond the outside dimension of the manhole frame shall be provided. One manhole shall be located above the inlet tee hatch and the other manhole shall be located above the outlet tee hatch. A minimum of twenty-four (24) inches of clear opening above each manhole access shall be maintained to facilitate maintenance, cleaning, pumping, and inspections.
2. Access openings shall be mechanically sealed and gas tight to contain odors and bacteria and to exclude vermin and ground water, in a manner that permits regular reuses.
3. The manholes are to be accessible for inspection by the City.
(b) Additional requirements
1. Water tight. Precast concrete grease interceptors shall be constructed to be watertight. A static water test shall be conducted by the installer and timed so as to permit verification through visual inspection by regulatory agent. The water test shall consist of plugging the outlet (and the inlet if necessary) and filling the tank(s) with water to the tank top a minimum of twenty-four (24) hours before the inspection. The tank shall not lose water during this test period. Certification by the plumbing contractor shall be supplied to the City prior to final approval of grease control equipment.
2. Location. Grease interceptors shall be located so as to be readily accessible for cleaning, maintenance, and inspections. They should be located close to the fixture(s) discharging the greasy waste stream. If possible, grease interceptors should not be installed in “drive-thru” lanes or a parking area. Grease interceptor access manholes shall never be passed over.
3 Responsibility. Removal of the grease from the wastewater routed to a public or private sanitary system is the responsibility of the user/owner.
4. Construction material. Grease interceptors shall be constructed of sound durable materials, not subject to excessive corrosion or decay, and shall be water and gas tight. Each interceptor shall be structurally designed to withstand any anticipated load to be placed on the interceptor (i.e. vehicular traffic in parking or driving areas). Note: Concrete materials and other grease interceptor materials shall meet the American National Standards Institute, Inc. (ANSI) and International Association of Plumbing and Mechanical Officials (IAPMO) standards.
5. Marking and Identification. Prefabricated gravity grease interceptors shall be permanently and legibly marked with the following:
• Manufacturer’s name or trademark, or both
• Model number
• Capacity
• Month and year of manufacture
• Load limits and maximum recommended depth of earth cover in feet
• Inlet and outlet

Sec. 18-811. Grease interceptor cleaning/maintenance requirements.

1. Partial pump of interceptor contents or on-site pump and treatment of interceptor contents will not be allowed due to reintroduction of fats, oils and grease to the interceptor and pursuant to Lakeland Municipal Code Chapter 4, Title 18, Sewer Use and Wastewater Treatment and as referenced in the Code of Federal Regulations (CFR) § 403.5 (b) (8), which states “Prohibited discharges. No persons shall discharge or cause or allow to be discharged or deposited into the City’s wastewater system any wastewater that contains the following: Any trucked or hauled pollutants, except at discharge points designated and approved by the City.”
2. Grease interceptors must be pumped-in-full (total pump of all contents) when the total accumulations of surface FOG (including floating solids) and settled solids reach twenty-five (25) percent of the grease interceptor’s overall liquid depth. This criterion is referred to as the “25 percent rule”. At no time shall the cleaning frequency exceed ninety (90) days unless approved by the City. Approval will be granted on a case by case situation with submittal by the FSE documenting proof of proposed frequency. Some existing FSEs in class 2 through 5 will need to consider a pumping schedule of thirty (30) or sixty (60) days to meet this requirement.
3. The grease interceptor effluent-T will be inspected during cleaning and maintenance, and the condition noted by the grease waste hauler’s company or individual conducting the maintenance. Effluent-T’s that are loose, defective, or not attached must be repaired or replaced immediately. Any repairs to the grease interceptor should be documented and kept on file at the FSE.
4. Grease interceptors must have access manholes over the influent-T and effluent-T for inspection and ease of cleaning/maintenance. Access manholes will be provided for all separate compartments of interceptors for complete cleaning (i.e. interceptor with two (2) main baffles or three (3) compartments will have access manholes at each compartment).
5. Grease interceptor waste must be hauled offsite and disposed at a state or POTW approved disposal location.

Sec. 18-812. “Additives” prohibition for use as grease management and control.

1. Additives include but are not limited to products that contain solvents, emulsifiers, surfactants, caustics, acids, enzymes and bacteria.
2. Use of biological additives is discouraged. Any additive placed into the grease trap or building discharge designed to absorb, purge, consume, treat or otherwise eliminate grease shall require written approval by the grease management coordinator. If the City identifies FOG in the downstream sewer system from an FSE that is using an additive, then the City may require the FSE to discontinue use of the additive.
3. Additive use will not be a substitute for regular, required cleaning or pumping of grease control equipment.
4. This FOG chapter prohibits the use of chemicals, acids, caustics, enzymes, hot water, emulsifiers, surfactants, or other additives to cause oil or grease to pass through the user’s grease trap or grease interceptor designed to remove oil and grease.

Sec. 18-813. Right of entry—Inspection and monitoring.

The City shall have the right to enter the premises of FSEs to determine whether the FSE is complying with the requirements of this FOG chapter. FSEs shall allow City personnel or their authorized representative, upon presentation of proper credentials, full access to all parts of the premises for the purpose of inspection, monitoring, and/or records examination. Unreasonable delays in allowing City personnel access to the FSE premises shall be a violation of this FOG chapter and the City sewer use ordinance. All grease interceptors/traps shall be subject to review, evaluation and inspection by the City personnel during normal working hours. Inspections will determine proper maintenance, changes in operation, proper records and files, ability of interceptor to trap and prevent grease from entering the system and any other factors pertaining to grease management. The City reserves the right to make determinations of interceptor/trap condition and adequacy based on review of all information regarding the interceptor/trap performance and may require cleaning, maintenance, modification or replacement. All records will be available on site for review by the City for a period of thirty-six (36) months. The City may require that the FSE install monitoring or additional pretreatment equipment deemed necessary for compliance with this FOG chapter and or the City sewer use ordinance.

Sec. 18-814. Fee option.

The City may charge inspection, monitoring, assessment, impact, surcharge and/or permit fees to food service establishments for reimbursement of the cost to administer this FOG regulatory program. Any associated fees will be listed in the Lakeland Fee Schedule.

Sec. 18-815. Violations and enforcement action.

1. Violations of this FOG regulatory program include, but are not limited to, failure to clean or pump grease control equipment, failure to maintain grease control equipment including installation of properly functioning effluent-T and baffles, failure to install grease control equipment, failure to control FOG discharge from the FSE, failure to certify the grease interceptor or trap, being responsible for sewer line obstruction, being responsible for a sanitary sewer overflow, and using additives so that FOG is diluted or pushed downstream of the FSE.
2. Whenever the City determines that a grease interceptor or trap is in need of installation, pumping, repairs, maintenance or replacement, a noncompliance notification or a notice of violation (NOV) will be issued stating the nature of the violation(s) and timeframe for corrective measures.
3. If the facility fails to initiate action in response to a noncompliance notification or NOV, a second notice will be issued and additional fees assessed. Fees may include costs associated with service calls for sewer line blockages, line cleaning, camera trucks, line and pump repairs, including all labor, material and equipment. Further non-compliance will result in the discontinuance of the facility’s water service.
4. Immediate discontinuance of water may be requested by the City to Memphis Light Gas and Water if the facility presents an imminent endangerment to the health or welfare of persons or to the public or to the environment, or causes stoppages or excessive maintenance to the sanitary sewer system, cause significant interference with the wastewater treatment plant, or cause the City to violate any condition of its NPDES permit. Service shall be reinstated when such conditions have been eliminated as determined by the City.
5. If inspections and field investigations determine that any fats, oils and grease interference or blockage in the sewer system, a sewage pumping station, or the wastewater treatment plant is caused by a particular food service establishment, then that food service establishment shall reimburse the City for all labor, equipment, supplies and disposal costs incurred by City to clean the interference or blockage. The charges will be added to the FSEs water/wastewater bill. Failure to reimburse the City may result in termination of water service.

First Reading: October 07, 2010
Public Hearing: October 26, 2010
Final Reading: November 04, 2010

J. Scott Carmichael, Mayor

ATTEST:

Sontidra L. Thomas, CMC
City Recorder

2010-08-11T07:57:00.000-07:00

ORDINANCE 10-151
AN ORDINANCE PROHIBITING THE ACCUMULATION AND/OR STORAGE OF LOOSE LIMBS, BRANCHES AND OTHER SUCH YARD WASTE IN FRONT SET BACK AREAS OF RESIDENTIALLY ZONED PROPERTY WITHIN THE CITY LIMITS OF THE CITY OF LAKELAND

WHEREAS, it is the opinion of the Board of Commissioners of the City of Lakeland that it has become necessary in the public interest to regulate the accumulation and/or storage of loose limbs, branches and other such yard waste in front setback areas of residentially zoned property within the city limits of the City of Lakeland so as to promote the health, safety and public welfare of the community; and

WHEREAS, the City of Lakeland has provided for solid waste disposal and disposal of loose limbs, branches and other such yard waste in waste carts throughout the City of Lakeland for a monthly disposal fee; and

WHEREAS, certain residents on certain occasions may wish to dispose of yard waste consisting of loose limbs, branches and other such yard waste without placing said materials in yard waste carts; and

WHEREAS, disposal of loose limbs, branches and other such yard waste, when not placed within a yard waste cart, is not provided for as a part of the City’s waste disposal program and the disposal of such items is therefore the responsibility of the property owner or resident seeking to dispose of loose limbs, branches and other such yard waste; and

WHEREAS, the accumulation and/or storage of loose limbs, branches and other such yard waste in the front setback area of residentially zoned property for periods of time exceeding seven (7) days can promote a favorable habitat for various vectors, nuisance animals and also adversely impact surface water drainage and quality, and as such, constitutes a public nuisance; and

WHEREAS, this Ordinance is an ordinance enacted in the interests of public safety and welfare pursuant to T.C.A. § 6-202 and the general police powers of the City of Lakeland;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF LAKELAND, TENNESSEE AS FOLLOWS:

1. It shall be unlawful for any property owner or resident to accumulate and/or store loose limbs, branches, and other such yard waste in front setback areas of residentially zoned property within the city limits of the City of Lakeland for periods of time exceeding seven (7) days.
2. Any parcel zoned AG (Agricultural) shall be exempt from the requirements of this Ordinance if the parcel is being employed primarily for the purpose of providing agricultural services, including, but not limited to forestry, cultivating or producing crops, and raising livestock. AG (Agricultural) zoned parcels which are employed primarily for a non-agricultural use shall comply with this Ordinance.

3. The provisions of this Ordinance may be waived in writing by the City Manager in the event of severe storms or other acts of God whereby loose limbs, branches and other such yard waste may be generated in such quantities that timely disposal is practically inhibited.
4. The provisions of this Ordinance are severable. If any provision of this Ordinance or the application thereof to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision or application.
5. Any person, firm or corporation violating any provision of this Ordinance shall be fined not less than fifty dollars ($50.00) for each offense, and a separate and continuing offense shall be deemed committed for each day said violation continues.
6. This Ordinance shall take effect fifteen (15) days after its final passage and publication, the public welfare requiring it.

First Reading: July 01, 2010.
Public Hearing: July 27, 2010.
Final Reading: August 05, 2010.

J. Scott Carmichael, Mayor

ATTEST:

Sontidra L. Thomas, CMC
City Recorder

2010-08-04T10:04:00.000-07:00

ORDINANCE 10-150
AN ORDINANCE OF THE CITY OF LAKELAND AMENDING THE FEE SCHEDULE BEGINNING FISCAL YEAR 2010/2011

Be It Ordained By the City of Lakeland as follows:

SECTION 1: The City of Lakeland Fee Schedule is hereby amended as attached hereto (Exhibit A)

First Reading: May 06, 2010.
Public Hearing: May 25, 2010.
Final Reading: June 03, 2010.

Scott Carmichael, Mayor

ATTEST:

Sontidra L. Thomas, CMC
City Recorder

EXHIBIT A

CITY OF LAKELAND FEE SCHEDULE

TABLE OF CONTENTS

CITY OF LAKELAND USER FEES 1
Parks and Recreation Fees 1
Other Fees
Solid Waste Fee 2
Sewer Fees 2
Residential 2
Commercial 2
Stormwater User Fees --------------- 2
Basketball Goal Storage & Removal Fee ------- 2

CITY OF LAKELAND FEE SCHEDULE 3
Copies 3
Research 3
Manuals 3
Maps 3
Custom Maps 3
Digital Data 3
Cell Tower Fee 3

PERMITS 4
Building Permits 4
Residential 4
Commercial 4
Accessory Permits 5
Sign Permits 5
Land Disturbance Permits 5
Residential 5
Non Residential 5
Road Cut Permits 6
Tree Removal Permit 6
Tree Disturbance Permit 6

SUBMISSION FEES 6
Design Review Commission 6
Zoning Map Amendment Application 6
Board of Zoning Appeals 6
Residential 6
Non-Residential 6
Municipal Planning Commission 7
Non-Residential 7
Preliminary Site Plan 7
Final Site Plan 7
Residential 7
Planned Developments 7
Advertising Fee 7
Re-notification 7
Re-recording 7

DEVELOPMENT FEES 7
Inspection Fee 7
Administrative Review Fee 7
Geographical Information System Fee 7
Warning Siren Fee 7
Road Improvements Fee 8
Engineering Review Fee 8
Natural Resources Inventory and Analysis Fee 8
Tree Removal 8
Drainage Control Fees 8
Parkland Review/Development Fees 8
Review Fee 8
Residential Development Fee 8
Parkland Improvement Fee 8
Street Lights Fee 8
Sewer Development Fees 8
Sewer Lift Station Maintenance Fee 8

CITY OF LAKELAND USER FEES

Parks and Recreation Fees:

Team Fees: Soccer $90.00 (Ord.10-150)
Basketball $90.00 (Ord. 10-150)
Cheerleading (uniform not included) $85.00 (Ord. 10-150)
T-Ball -------------------------------------- $90.00 (Ord. 10-150)
Tennis Lessons ------------------------------ $25 (per session)
Tennis League Play ---------------------------------- $25

Camp Fee: Day Camp Fee (per week) -------------------$75 (1st child)
$50 (per week) for each additional child (same family)
(Full Enrollment – Monday through Friday, 8:30 am – 3:30 pm)
Day Camp Fee (week to week) $100 (per child)

Pavilion: Rental $100.00 (Ord. 10-150)
Clean-up deposit (refundable) $50.00 (Ord. 10-150)

IH Clubhouse: Rental (first four hours) $500 (Ord. 10-150)
$50 (for each additional hour)

Cancellation Fee -------------------------------------- $50 (3 wks. prior)
Cancellation of Reservation Deposit ------------- $200
(less than 3 wks. of the event)

Training/Instructional/Educational Classes:
Rental (1½ daytime hours) ------------------------------ $12.50
(plus negotiated fee based on number of students)
Note: A minimum number of rental periods (i.e. once per week
for eight weeks) may be required for this rate.

Rental (first three daytime hours) ---------------------- $25
(plus 25% of the class fee revenue (minimum charge of $2.50 per person.) (Ordinance 10-143)
Note: Night classes are available Monday through Thursday with approval of City Manager or Designee.

CITY OF LAKELAND MISCELLANEOUS FEES

Other Fees: (City of Lakeland residents pay, but are not collected by the City)

Solid Waste Fee: Per Resident $21.78 per month

Yard Waste Collection Fee: Each Pick-up $25 (1st 30 mins.)
$10 (per 5 mins.)
(Ordinance 09-139)

Ambulance Fee: Per Resident ------------------------------------- $3.20 (per month)
(Paid through Utility Bill)
Sewer Fees:
Residential $0.90 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
(Ordinance 10-147)

For Calendar Year 2012, the Sewer Rate shall be $1.12 per CCF after 8.02 CCF plus a $12.00 minimum charge
The $12.00 minimum base rate charge shall be applied to the first 8.02 CCF (Ordinance 10-147)

Commercial $1.10 per CCF, $45.00 minimum up to $1000.00
MAXIMUM PLUS $10.00 MONTHLY SURCHARGE
(Ordinance 10-147)

For Calendar Year 2012, the Sewer Rate shall be $1.21 per CCF,
$45 minimum up to $1,000 maximum plus a $10 monthly surcharge. (Ordinance 10-147)

Stormwater User Fees ------------------------------ $3.20/ERU/month
(Ordinance 08-128)

Basketball Goal Storage & Removal Fee

Picking up basketball goal ---------------------------- $75.00 (Ord.10-150)
Storage Fee (for storing basketball goal) --------- $50.00 (Ord.10-150)
Picking up (concreted in) basketball goal --------- $100.00 (Ord.10-150)

CITY OF LAKELAND FEE SCHEDULE

Copies:
Per Page - Black & White $0.15 (Ord 09-129; Res 2009/07-42)
Per Page – Colored $0.50 (Ord 09-129; Res 2009/07-42)
Oversized copies per page At Actual Cost to City
(Ord 09-129; Res 2009/07-42)

Research:
0-59 Minutes No Charge
(Ord 09-129 & Res 2009/07-42)
60+ Minutes Cost of Employee per Hour
(Ord 09-129 & Res 2009/07-42)
Manuals:
Charter $ 5.00
Municipal Code $75.00
Zoning Ordinance $50.00
Subdivision Regulations $50.00
Comprehensive Plan $50.00
Zoning Ordinance, Subdivision Regs & Comprehensive Plan (CD) $10.00
Erosion & Sediment Control Handbook $30.00
Design Review Commission Manual $30.00
S.O.B Ordinance $10.00
Tree Ordinance $10.00
Sign Ordinance $10.00
Fence Ordinance $10.00
Mobile Home Park Ordinance $10.00
Substandard Property Removal $ 3.00
Boards & Commissions By-laws $ 5.00

Maps Actual Cost to City
(Ord. 09-129 & Res 2009/07-42)

Custom Maps:
8.5” x 11” $15.00 (minimum)
11” x 17” $25.00 (minimum)
24” x 36” $75.00 (minimum)
36” x 50” $100.00 (minimum)

Digital Data At actual cost to City
(Ord. 09-129 & Res 2009/07-42)

Cell Tower Fee:
Connection Privilege $2,000.00 per user

CITY OF LAKELAND FEE SCHEDULE

PERMITS
* Double Permit Fee for Construction Begun Prior to Permit Issued
* $50 Re-inspection Fee for all Failed Inspections

BUILDING PERMITS:
Residential:
New homes and additions:

900,000 and over ------------------------ $1,250.00
800,000 to 899,999 -------------------- $1,150.00
700,000 to 799,999 -------------------- $1,050.00
600,000 to 699,999 -----------------------$950.00
500,000 to 599,999 -----------------------$850.00
400,000 to 499,999 -----------------------$750.00
350,000 to 399,999 ---------------------- $700.00
300,000 to 349,999 -----------------------$650.00
250,000 to 299,999 -----------------------$600.00
200,000 to 249,999 -----------------------$550.00
150,000 to 199,999 -----------------------$500.00
100,000 to 149,999 -----------------------$450.00
80,000 to 99,999 ---------------------- $300.00
60,000 to 79,999 ---------------------- $250.00
40,000 to 59,999 ---------------------- $200.00
20,000 to 39,999 ---------------------- $150.00
5,000 to 19,999 --------------------- $100.00
4,999 or less ----------------------- $50.00

Sewer Connection Fee (4” & smaller) ------ $1,050.00 (Ord 08-119)
(6” & smaller) ------ $1,500.00 (Ord 08-119)
(8” & smaller) ------ $2,000.00 (Ord 08-119)
Engineering Review (Grading and Drainage) ---------------- $200.00 (Ord 10-150)
Architectural Review (where applicable) ------------------ $200.00 (Ord 10-150)
Certificate of Occupancy -------------------------------------- $50.00
TN One Call (Lakeland Locate Fee) ----------------------------- $50.00
Monetary Deposit (refundable) ---------------------------- $750.00 (Ord. 10-150)

Commercial:
(New construction/exterior renovation)
$500,000 and up: $1,660.00 first $500,000 plus
$2.00 each additional $1,000 or fraction thereof
$100,000 to $500,000: $460.00 first $100,000 plus
$3.00 each additional $1,000 or fraction thereof, to and including $500,000
$50,000 to $100,000 $260.00 first $50,000 plus
$4.00 each additional $1000 or fraction thereof, to and including $100,000
Up to $50,000 $15.00 first $1000 plus
$5.00 each additional $1000 or fraction thereof, to and including $50,000

CITY OF LAKELAND FEE SCHEDULE

Sewer Connection Fee -------------------------------- (4” & smaller) ------ $1,050.00 (Ord 08-119)
(6” & smaller) ------ $1,500.00 (Ord 08-119)
(8” & smaller) ------ $2,000.00 (Ord 08-119)

TN One Call (Lakeland Locate Fee) $50.00
Certificate of Occupancy $50.00
Monetary Deposit (refundable) $1,500.00

ACCESSORY PERMITS:

Accessory Uses (deck, gazebo, shed (up to 300 sq. ft.) $ 50.00
Detached Garage $150.00
Pool House $150.00
Fences/Walls $ 30.00

Other:
Curb cut/driveway access inspection $ 50.00
Inspection of existing driveway/curb-cut $ 50.00
Ponds/Lakes $ 50.00
Model Home $500.00 each unit
Model Home (6 month permit extension) $300.00 each unit
Moving (building or structure) $100.00
Demolition (building or structure)
0 up to 10,000 cu. ft. $100.00
10,000 cu. ft. and over $100.00 plus
$10.00 per 1000 cu. ft.

SIGN PERMITS:

Wall mounted $100.00
Wall mounted annual renewal ------------------------ $ 25.00
Ground mounted ------------------------------------- $150.00
Ground mounted annual renewal ------------------------ $ 25.00
High rise (pole) ------------------------------------- $300.00
High rise (pole) annual renewal -------------------- $ 50.00
Temporary Permits ---------------------------------- $ 30.00

LAND DISTURBANCE PERMITS:

Residential:
Less than one (1) acre $ 200.00 (Ord. 10-150)
One (1) to five (5) acres $200.00 plus (Ord. 10-150)
$100.00 per acre or fraction

Over five (5) acres $1,500.00 plus
$150.00 per acre or fraction
Non-Residential:
Five (5) acres or less $1,500.00
Over five (5) acres $1,500.00 plus
$150.00 per acre or fraction

CITY OF LAKELAND FEE SCHEDULE

ROAD CUT PERMITS:

Road Cut $ 35.00 per cut/300 feet (Ord 09-131)
Road Bore $ 35.00 per cut/300 feet (Ord 09-131)

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

TREE REMOVAL PERMIT:

Common Open Space: $30.00 per acre or fraction
(after development, Homeowners Assoc) up to $200.00 maximum

Builder/Owner/Occupied Residential Lots:  1 acre $30.00 plus $10.00 per tree
≥ 1 acre $30.00 per acre or fraction plus
$10.00 per tree up to $100.00 maximum
TREE DISTURBANCE PERMIT:
Trenching, transplanting, etc. $10.00 per tree

SUBMISSION FEES

Design Review Commission
Less than one (1) acre $200.00
One (1) – two (2) acres $300.00
More than 2 acres $400.00 plus $20.00 per acre
Application and review for sign/fence $100.00 per sign/fence
Appeal to DRC ------------------------------------- $200 (Ordinance 09-138)

Zoning Map Amendment Application: $500.00 plus $100.00 per acre
or fraction up to $5,000.00 maximum

Board of Zoning Appeals
Residential:
Variance $200.00
Special Use $200.00
Appeal $200.00

Non-residential:
Variance $300.00
Special Use $300.00
Appeal $200.00

CITY OF LAKELAND FEE SCHEDULE

Municipal Planning Commission

Non-residential:
Master or Preliminary Subdivision Plat $500.00 plus $10.00 per lot
Construction Plans $500.00 plus $50.00 per lot
Final Subdivision Plat $500.00 plus $10.00 per lot

Preliminary Site Plan
0 – five (5) acres $500.00
Six (6) – ten (10) acres $750.00
Over ten (10) acres $1,000.00
Construction Plans $500.00

Final Site Plan
0 – five (5) acres $500.00
Six (6) – ten (10) acres $750.00
Over ten (10) acres $1,000.00

Residential:
Master or Preliminary Subdivision Plat $ 500.00 plus $10.00 per lot
Construction Plans $500.00 plus $50.00 per lot
Final Subdivision Plat $500.00 plus $10.00 per lot

Planned Developments:
Preliminary Detailed Development Plan $1,000.00 plus $10.00 per lot
Secondary Detailed Development Plan $500.00 plus $10.00 per lot
Construction Plans $700.00 plus $50.00 per lot
Final Detailed Development Plan $1,000.00 plus $10.00 per lot
Amendment to approved PD Master Plan/Outline Plan $2,000.00
Appeal from DRC action/decision ------------- $200 (Ordinance 09-138)
Advertising Fee------------------------------- at cost (Ord. 09-136)
Re-notification $50.00 plus cost
Re-recording $50.00 plus cost

DEVELOPMENT FEES
(As associated with the Development Contract)
Inspection Fee: (Construction of Subdivision, minor or major) $500.00 plus $300.00 per lot

Administrative Review Fee: $200.00 1st lot / $100.00 (each additional lot) (Ord. 10-150)

Geographical Information System Fee: $200.00 1st lot / $50.00 (each additional lot) (Ord. 10-150)

Warning Siren Fee: ----------------------------------- $ 50.00 per lot

CITY OF LAKELAND FEE SCHEDULE

Road Improvements:
Canada Road between U.S. Highway 64 and I-40 $46.50 per lineal foot

¬Engineering Review Fee:
Exclusive of inspection fees $300.00 per lot

Natural Resources Inventory and Analysis Fee: $200.00 1st acre/ $25.00 (each additional acre) (Ord. 10-150)

Tree Removal: $100.00 per acre or fraction up to $10,000.00 maximum

Drainage Control Fees:
With Detention $ 500.00 per lot
Without Detention $1,000.00 per lot
Parkland Review/Development Fees:
Review:
Less than one (1) acre $200.00
One (1) – two (2) acres $300.00
More than two (2) acres $400.00
plus $20.00 per acre
Residential Development Fee:
Parkland Dedication Formula: D = L x A x P x M
D = Required parkland dedication in acres*
L = Number of lots/dwellings proposed
A = Average family size for the City (2.94)
P = Parkland ratio of .0100
M = Density multiplier from Table 2 (S/Dreg)

* Must comply with the City of Lakeland Zoning Ordinance

Parkland Improvement Fee $100.00 per lot

Street Lights Fee:
Not Developer installed 100% of cost

Sewer Development Fees: (Ordinance 08-119)

WATER METER SIZE (INSIDE DIA) DEVELOPMENT CHARGE
5/8 TO ¾ INCH $3,100
1 INCH $5,177
1 ½ INCH $13,653
2 INCH $16,523
3 INCH $47,847
4 INCH $82,000
6 INCH TBD
8 INCH TBD
10 INCH TBD

Sewer Lift Station Maintenance Fee $110,000/lift station (Ord 08-119)

2010-06-09T09:31:00.002-07:00

2010-06-09T09:31:00.001-07:00

ORDINANCE 10-149
AN ORDINANCE OF THE CITY OF LAKELAND, TENNESSEE, ADOPTING A
BUDGET FOR FISCAL YEAR JULY 01, 2010 THROUGH JUNE 30, 2011.

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, 2010, 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, 2010 as follows:

A. OPERATING REVENUE GENERAL FUND: $3,874,684

B. OPERATING EXPENDITURES GENERAL FUND: $3,874,684

C. CAPITAL REVENUE (GRANTS & TML LOAN): $4,240,000

D. CAPITAL EXPENDITURES: $4,240,000

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 06, 2010.
Public Hearing: May 25, 2010.
Final Reading: June 03, 2010.

____________________________
Scott Carmichael, Mayor

ATTEST:

____________________________
Sontidra L. Thomas, CMC
City Recorder

2010-05-17T08:15:00.000-07:00

ORDINANCE 10-148
AN ORDINANCE OF THE CITY OF LAKELAND, TENNESSEE AMENDING TITLE 2, BOARDS & COMMISSIONS, ETC.; CHAPTER 2, LAKELAND DESIGN REVIEW COMMISSION, SECTION 2-203, TERMS

Be It Ordained By The City of Lakeland, Tennessee as follows:

The City of Lakeland’s Municipal Code Title 2, Boards & Commissions, Chapter 2, Lakeland Design Review Commission, Section 2-203, Terms is hereby amended to read as:

2-203. A. Terms. The terms of the six (6) citizen members of the LDRC shall be for three (3) years or until their successors are appointed and will expire in staggered fashion as set forth below. The term of the BOC Liaison shall be for one (1) year or until a successor is appointed. Appointments shall be made annually at the December Board of Commissioners Regular Meeting or a Special Called Meeting, and shall be effective January 1 of each calendar year or at such other time as may be designated by the Mayor. If a vacancy occurs, a replacement shall be appointed by the Mayor to fill the unexpired term. All members of the LDRC shall serve without compensation and members may be removed at any time by the Mayor.

B. Seats. There are hereby created six (6) distinct seats for the citizen members of the LDRC. Said seats shall be designated as Seat 1, Seat 2, Seat 3, Seat 4, Seat 5 and Seat 6.

Seat 1 of the LDRC is hereby created with a term of office ending 12/31/2010.
Seat 2 of the LDRC is hereby created with a term of office ending 12/31/2010.
Seat 3 of the LDRC is hereby created with a term of office ending 12/31/2011.
Seat 4 of the LDRC is hereby created with a term of office ending 12/31/2011.
Seat 5 of the LDRC is hereby created with a term of office ending 12/31/2012.
Seat 6 of the LDRC is hereby created with a term of office ending 12/31/2012.

First Reading: April 01, 2010.
Public Hearing: April 27, 2010.
Final Reading: May 06, 2010.

Scott Carmichael, Mayor

ATTEST:

Sontidra L. Thomas, CMC
City Recorder

2010-03-05T09:13:00.000-08:00

ORDINANCE 10-147
AN ORDINANCE AMENDING ORDINANCE 09-130 PERTAINING TO RESIDENTIAL AND COMMERCIAL SEWER USER RATES

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAKELAND, TENNESSEE:

Section 1: Ordinance 09-130 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 UPON PASSAGE OF THIS ORDINANCE AND FOR CALENDAR YEAR 2011, the Sewer Rate shall be $0.717 $0.90 per CCF after 8.02 CCF plus $12.00 minimum charge THE $12.00 MINIMUM BASE RATE CHARGE SHALL BE APPLIED TO THE FIRST 8.02 CCF. THE MAXIMUM MONTHLY SEWER USE CHARGE IS $30.00 THERE IS A $10.00 MONTHLY SEWER SURCHARGE ADDED TO ALL CHARGES
(CCF =100 CUBIC FEET=748 GALLONS)

FOR CALENDAR YEAR 2012 , THE SEWER RATE SHALL BE $1.12 PER CCF AFTER 8.02 CCF PLUS A $12.00 MINIMUM CHARGE. THE $12.00 MINIMUM BASE RATE CHARGE SHALL BE APPLIED TO THE FIRST 8.02 CCF. THE MAXIMUM MONTHLY SEWER USE CHARGE IS $30.0. THERE IS A $10.00 MONTHLY SEWER SURCHAGE ADDED TO ALL CHARGES.

Commercial UPON PASSAGE OF THIS ORDINANCE AND FOR CALENDAR YEAR 2011, THE SEWER RATES SHALL BE $1.10 $1.00 PER CCF, $45.00 MINIMUM UP TO $1000.00 MAXIMUM PLUS $10.00 MONTHLY SURCHARGE

FOR CALENDAR YEAR 2012, THE SEWER RATE SHALL BE $1.21 PER CCF, $45 MINIMUM UP TO $1000.00 MAXIMUM PLUS A $10.00 MONTHLY SURCHARGE

First Reading: February 04, 2010
Public Hearing: February 23, 2010.
Final Reading: March 04, 2010

Scott Carmichael, Mayor

ATTEST:

Sontidra L. Thomas, CMC
City Recorder

2010-03-05T09:12:00.000-08:00

ORDINANCE 10-146
AN ORDINANCE RESCINDING ORDINANCE 09-140 AND CREATING A NEW ORDINANCE ESTABLISHING A STORM WATER BOARD OF APPEALS FOR THE CITY OF
LAKELAND TO REVIEW CIVIL PENALTIES AND/OR DAMAGE ASSESSMENTS
CONCERNING STORM WATER MANAGEMENT AND POLLUTION CONTROL PLANS

WHEREAS, the City of Lakeland wishes to provide aggrieved parties an avenue for administrative appeal due to civil penalties and/or damage assessments from the requirements of Ordinance 04-67 (Title 18 Chapter 6) Pertaining to Storm Water Management and Pollution Control Plans;

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF LAKELAND THAT:

Section 1. CREATION
There is hereby created a Storm Water Board of Appeals to review civil penalties and/or damage assessments concerning storm water management and pollution control plans.

Section 2. MEMBERSHIP, TERM and PROCEDURE
The Board shall be composed of five (5) citizen members of Lakeland with experience and knowledge in storm water management and pollution control plans and appointed by a majority vote of the Board of Commissioners. The term of all citizen members shall be three years. The term of at least one (1) citizen member of the board shall expire each year. Procedures of the Storm Water Board of Appeals shall be provided for in the By-Laws.

Section 3. JURISDICTION
The Storm Water Board of Appeals shall have jurisdiction to review civil penalties and/or damage assessment concerning storm water management and water pollution plans

Section 4. DUTIES
It shall be the duty of the Storm Water Board of Appeals to hear and decide any appeal or any decision, order or interpretation by the officer whose duty it is to enforce the ordinance from which an aggrieved party seeks relief, provided the matter is within the jurisdiction of the Storm Water Board of Appeals.

Section 5. VARIANCES
The Storm Water Board of Appeals shall have authority to grant variances from those ordinances of the City of Lakeland over which it has jurisdiction and only to the extent provided in the ordinance from which appeal is before the Storm Water Board of Appeals.

Section 6. SEVERABILITY
The provisions of this Ordinance are severable. If any provision of this Ordinance or the application thereof to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions or application of this Ordinance that can be given effect without the invalid provision or application.

Section 7. EFFECTIVE DATE
This Ordinance shall take effect fifteen (15) days after its final passage and publication, the public welfare requiring it.

First Reading: February 04, 2010.
Public Hearing: February 23, 2010.
Final Reading: March 04, 2010.

J. Scott Carmichael, Mayor

ATTEST:

Sontidra L. Thomas, CMC
City Recorder

2010-03-05T09:09:00.000-08:00

ORDINANCE 10-145
AN ORDINANCE TO AMEND CERTAIN PROVISIONS OF SECTION 14-402.3 OF THE MUNICIPAL CODE, COMPUTATIONS, TO CORRECT CONFLICTING LANGUAGE REGARDING THE SIGN AREA CALCULATION METHOD; PROVIDING AN EFFECTIVE DATE

WHEREAS, the City of Lakeland Sign Ordinance regulates certain signs based on area; and,

WHEREAS, the Sign Ordinance provides a method by which area is calculated for various types of signs; and,

WHEREAS, the Sign Ordinance was amended in 2004 to provide a new sign calculation method, but a conflict was created between the text and a related exhibit.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF LAKELAND TENNESSEE THAT:

Section 1. The City of Lakeland Sign Ordinance, Section 14-402.3 is hereby amended, as more fully described and illustrated in Exhibit “A” attached hereto.

Section 2. The provisions of this Ordinance are severable. If any provision of this Ordinance or the application thereof to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision or application.

Section 3. This Ordinance shall take effect immediately after its final passage and publication, the public welfare requiring it.

First Reading: February 04, 2010.
Public Hearing: February 23, 2010
Final Reading: March 04, 2010.

Scott Carmichael, Mayor

ATTEST:

Sontidra L. Thomas, CMC
City Recorder

Exhibit “A”

14-402.3. Computations.

(1) Area Computation of Individual Signs: The area of a sign face (which is also the sign area of a wall sign or other sign with only one face) shall be calculated by enclosing the extreme limits of all lettering, background, emblem, logo, representation, or other display as depicted in Figure 1 within a single continuous perimeter composed of squares or rectangles with no more than eight lines drawn at right angles, but not including any supporting framework, base, bracing or decorative fence or wall when such fence or wall otherwise meets the regulations of this Ordinance and is clearly incidental to the display itself. For a single wall on a single-occupant building, all pieces of information or other graphic representations on that wall shall be measured as though part of one sign, which may not exceed the maximum permitted sign area. For a single wall on a multi-occupant building, the area of signs shall be computed based on individual occupant signage, using these principles, but only the number of signs on the approved sign plan shall be permitted on each wall.

Figure 1. Area Computation of Individual Signs

Note: For more details contact Lakeland City Hall

2010-02-09T09:04:00.001-08:00

ORDINANCE 10-144
AN ORDINANCE AMENDING THE LAKELAND MUNICIPAL CODE TITLE 13, SECTION 13-419 “MUNICIPAL TREE MANAGEMENT;” PROVIDING BEAUTIFICATION DUTIES TO THE NATURAL RESOURCES BOARD AND PROVIDING AN EFFECTIVE DATE

WHEREAS, the City of Lakeland strives to be a beautiful place to live, work, and play; and,

WHEREAS, the City of Lakeland will benefit from a citizen board committed to promoting and coordinating beautification efforts; and,

WHEREAS, the Natural Resources Board has recommended that the Board of Commissioners establish a Beautification Committee; and,

WHEREAS, the Natural Resources Board has agreed to assume the responsibilities of the Beautification Committee,

NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF LAKELAND THAT THE LAKELAND MUNICIPAL CODE BE AMENDED AS FOLLOWS:

Title 13, Chapter 4, Section 13-419 “Municipal Tree Management” is repealed in its entirety and replaced with attached Exhibit A.

This Ordinance shall take effect thirty (30) days after its final passage and publication, the public welfare requiring it.

First Reading: January 7, 2010
Public Hearing: January 26, 2010
Final Reading: February 4, 2010

Scott Carmichael, Mayor

ATTEST:

Sontidra L. Thomas, CMC
City Recorder

EXHIBIT A

SECTION 13-419 MUNICIPAL TREE MANAGEMENT

There is hereby created and established a Lakeland Natural Resources Board. This board shall consist of at least five (5) members and no more than seven (7) members, citizens and residents of Lakeland, who shall be appointed by the Mayor and Board of Commissioners. Members of the Lakeland Natural Resources Board shall serve without compensation. The terms of the Lakeland Natural Resources Board shall be three (3) years. Initial appointments shall establish staggered terms by appointing two members to three (3) year terms, two members to two (2) year terms and the remainder of the members to one (1) year terms. There shall be one member of the Board of Commissioners appointed to serve on the Natural Resources Board with a one year term. The Lakeland Natural Resources Board shall choose its own officers, make its own rules and regulations and keep a journal of its proceedings. A majority of its members shall be a quorum for the transaction of business. The duties of the Natural Resources include: providing a venue to hear citizen concerns regarding natural resources related issues and to make recommendations or otherwise provide assistance to the Board of Commissioners or other boards regarding these community issues; to periodically review natural resources management ordinances and policies and to make recommendations to the Board of Commissioners regarding regulations and policies; to promote environmental education within the City of Lakeland; to promote pride and community interest in natural resources; to serve as a forum for the introduction of innovative ideas, programs, and policies related to natural resources; and to develop, coordinate, and monitor projects that promote pride in and beautification of the City of Lakeland.

2010-02-09T09:03:00.000-08:00

ORDINANCE 10-143
AN ORDINANCE OF THE CITY OF LAKELAND, TENNESSEE AMENDING THE FEE SCHEDULE TO APPROVE A SPECIAL RATE FOR DAYTIME/SHORT TERM (LESS THAN 3 HOURS) OF THE I.H. CLUBHOUSE FOR LESSONS WITH A SMALL NUMBER OF STUDENTS

BE IT ORDAINED by the Board of Commissioners of the City of Lakeland that the Fee Schedule is amended to include the following fees for the IH Clubhouse:

1. Rates for use of the IH Clubhouse for up to 1½ hours during the daytime hours for purposes meeting the definition of training or educational classes as approved by the City Manager or his designee are: $12.50 plus a negotiated fee based on the number of students. A minimum number of rental periods (example, once per week for eight weeks) may be required for this rate.

2. Rates for use of the IH Clubhouse for up to 3 hours at the rate of $25 per hour plus 25% of the class fee revenues (minimum $2.50 per person) for purposes meeting the definition of training or educational classes are available during any daytime hours approved by the City Manager or designee and Monday through Thursday nights.

First Reading: January 07, 2010.
Public Hearing: January 25, 2010.
Final Reading: February 04, 2010.

Scott Carmichael, Mayor

ATTEST:

Sontidra L. Thomas, CMC
City Recorder

2010-02-09T08:48:00.000-08:00

ORDINANCE 10-142
AN ORDINANCE OF THE CITY OF LAKELAND AMENDING SECTION 1-101 SUBSECTION (3) OF THE LAKELAND CITY CODE TO CHANGE THE DAY OF THE WORK SESSION

Be it ordained by the City of Lakeland, Tennessee as follows:

Section 1. Section 1-101 Sub-Paragraph 3 is hereby amended to read as follows:

Section 1-101. (3) The time of the Work Session shall be 6:30 p.m. on the Tuesday nine days before the first Thursday of the following month. In the event the Work Session falls on an Official Holiday or the Board of Commissioners deems appropriate by a majority vote a new Work Session date may be set.

First Reading: January 07, 2010.
Public Hearing: January 25, 2010.
Final Reading: February 04, 2010.

Scott Carmichael, Mayor

ATTEST:

Sontidra L. Thomas, CMC
City Recorder

2010-01-08T13:35:00.000-08:00

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

2009-08-10T09:01:00.000-07:00

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

2009-07-22T14:08:00.000-07:00

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

2009-06-18T09:45:00.001-07:00

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

2009-06-18T09:43:00.000-07:00

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

2009-04-15T10:23:00.000-07:00

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

2009-02-06T13:33:00.000-08:00

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

2008-12-08T08:50:00.001-08:00

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

2008-12-08T08:47:00.000-08:00

ODINANCE 08-126
AN ORDINANCE AMENDING THE MUNICIPAL CODE, TITLE 2 BOARDS AND COMMISSIONS, ETC, CHAPTER 2, LAKELAND DESIGN REVIEW COMMISSION, SECTIONS 2-202, 2-204, and 2-208

WHEREAS, Chapter 18-29 of title 6, Tennessee Code Annotated empower the City of Lakeland Municipal Code and provide for its administration, enforcement, amendment of ordinances; and

WHEREAS, the Board of Commissioners of the City of Lakeland, Tennessee has deemed it necessary to amend the Municipal Code by repealing Section 2-202 (Membership), Section 2-204 (Organization and Meetings) and Section 2-208 (Appeals) and provide for a new Section 2-202, 2-204 and Section 2-208.

NOW, THEREFORE BE IT ORDAINED by the Board of Commissioners of the City of Lakeland, Tennessee that the text of the Municipal Code Title 2, Boards & Commissions-Chapter 2, Lakeland Design Review Commission be amended as stated below.

Section 1: Section 2-202 is hereby repealed, to be replaced by a new Section 2-202, to read as follows:

Section 2-202. Membership
The LDRC shall consist of seven (7) Lakeland resident members, all of whom and a vote, and shall be appointed by the Mayor with the approval of a majority vote of the board of Commissioners. Membership shall be one (1) commissioner and six (60 resident citizen members. It is recommended that four (4) members should be recognized practitioners whenever possible in any of the following fields: architecture, engineering, urban planning, residential/commercial construction, graphic design, landscaping and/or retail business endeavors.

Section 2-204. Organization and Meetings
At the first regular meeting of each calendar year, the LDRC shall select a Chairperson, Vice-Chairperson and Secretary who shall be selected from citizen members only and have such duties normally conferred by parliamentary usage of such officers. Meetings of the LDRC shall be held on a monthly basis, when required to review and/or resolve matters within its purview. The LDRC shall establish by-laws to delineate procedures and criteria to govern the conduct of the review of matters brought before it. The by-laws are to be reviewed and approved by the City Manager. The LDRC Secretary or a designated City Staff member shall keep minutes of the LDRC proceedings, and copies of such minutes bearing the signature of the Secretary shall be transmitted to the City Recorder to be kept as permanent records.

Section 2-208. Appeals
Any person aggrieved by a decision or action of the LDRC may appeal within a period not to exceed five (5) days from said action to the Lakeland Municipal Planning Commission, by serving written notice with the City Manager and City Recorder.

First Reading: October 02, 2008.
Public Hearing: November 24, 2008.
Final Reading: December 04, 2008.

Scott Carmichael, Mayor

ATTEST:

Sontidra Franklin, CMC
City Recorder

2008-11-19T09:10:00.001-08:00

ORDINANCE 08-125
AN ORDINANCE OF THE CITY OF LAKELAND AMENDING THE MUNICIPAL CODE, TITLE 13, CHAPTER 4, LAKELAND TREE MANAGEMENT ORDINANCE TO ADOPT A POLICY OF ASSUMING RESPONSIBILITY FOR HAZARDOUS TREES LOCATED WITH THE PUBLICLY DEDICATED RIGHTS-OF-WAY

Be it ordained by the City of Lakeland, Tennessee as follows:

Section 13-402. Definitions is hereby amended as follows:

SECTION 13-402. DEFINITIONS
(16) Public Tree – A tree is located on lands for which the City has responsibility and authority for tree management. Public trees include trees located on dedicated public rights-of-way for which the City has fee simple ownership.

Section 13-419.4. Removal of Trees is hereby amended as follows:

SECTION 13-419.4. REMOVAL OF TREES
(1) Hazardous public trees. The City shall, in the normal course of its duties, periodically conduct surveys to determine the location and severity of hazardous public trees. Dead, diseased or structurally damaged public trees that pose a safety or health risk to the public or to other trees shall be removed or the hazard otherwise mitigated by the City of Lakeland Natural Resources Department or Parks & Recreation Department in a timely manner. The City Manager or his designee shall evaluate the dead, diseased or structurally damaged tree as to the degree of hazard. This evaluation shall be made using the International Society of Arboriculture (ISA) Standard Tree Condition Evaluation Guide or other comparable method. The results and an accompanying recommendation will be forwarded to the director of Natural Resources or Director of Parks & Recreation for action.

First Reading: October 02, 2008.
Public Hearing: October 27, 2008.
Final Reading: November 06, 2008.

Scott Carmichael, Mayor

ATTEST:

Sontidra Franklin, CMC
City Recorder

2008-11-19T09:09:00.000-08:00

ORDINANCE 08-124
AN ORDINANCE OF THE CITY OF LAKELAND AMENDING SECTION 5-101 OF THE LAKELAND CITY CODE TO PROVIDE FOR OFFICIAL DEPOSITORIES FOR CITY ACCOUNTS

Be it ordained by the City of Lakeland, Tennessee as follows:

Section 1. Section 5-101 is amended to read as follows:

Section 5-101. The following financial institutions are hereby designated as official depositories for City accounts and investments: Trustmark National Bank, Regions Bank, First Citizens National Bank, Suntrust Bank, Bank of Bartlett, and First Tennessee Bank.

First Reading: October 02, 2008.
Public Hearing: October 27, 2008.
Final Reading: November 06, 2008.

Scott Carmichael, Mayor

ATTEST:

Sontidra Franklin, CMC
City Recorder

2008-11-19T09:08:00.000-08:00

ORDINANCE 08-123
AN ORDINANCE CREATING CHAPTER 3 OF TITLE 16 OF THE LAKELAND MUNICIPAL CODE ESTABLISHING NEW REGULATIONS GOVERNING ROAD CUTS AND BORINGS, REQUIRING A PERMIT, AND ESTABLISHING A FEE

WHEREAS, the City of Lakeland desires to protect the public health, safety and welfare of its residents in regards to road cuts and borings, and;

WHEREAS, the rules and regulations are adopted pursuant to Section 6-19-101 and 7-31-101 ET. Seq. Tennessee Code Annotated which provides for the authority to regulate, and maintain its roadways.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS that the City of Lakeland, Tennessee, Hereby adopts An Ordinance To Govern Road Cuts and Borings.

Section 1: Chapter 3 is hereby added to Title 16 of the Lakeland, Tennessee Municipal Code.

CHAPTER 3

Road Cuts and Borings

SECTION
16-301. Definitions
16-302. Permit Required
16-303. Application
16-304. Fee
16-305. Bond
16-306. Insurance
16-307. Protection of existing improvements
16-308. Performance of work
16-309. Routing traffic and street closure
16-310. Time limitations

16-201. Definitions. For purposes of this chapter, the following terms, phrases, words, and their derivations shall have the meanings given in this section:
(1) “Applicant” means any person making written application to the city engineer for road cut permit hereunder.
(2) “Person” means any individual person, partnership, corporation, association, governmental corporation, estate, trust, or two or more individual persons having a joint or common interest.
(3)“Settlement” means any variation of the finished street surface from the testing edge of a ten-foot straight edge between any two contact points with the surface.
(4)“Street” means that portion of an easement of ground designated and dedicated to the public to accommodate a thoroughfare, avenue, road, highway, boulevard, parkway, drive, circle, court, lane, or alley within the city.

16-202. Permit Required. It shall be unlawful for any person to dig up, break, excavate, bore, tunnel, undermine, or in any manner, break up any street or to make or cause to be made any excavation in or under the surface of any street or in any street right-of-way without having first obtained a permit as herein required and without complying with the provisions of this section. It shall also be unlawful to violate or vary from the terms of any such permit; provided, however, any person maintaining pipes, lines or other underground facilities in or under the surface of any street may proceed with an opening without permit when emergency circumstances demand the work be done immediately, and a permit cannot reasonably and practically be obtained beforehand. The person shall thereafter apply for a

permit on the first regular business day on which the City of Lakeland is open for business, and the permit shall be retroactive to the day when the work had begun. Road cut permits are not required for the following types of work:
(1) Removal and replacement of concrete curb, gutter, sidewalk, or curb cut;
(2) Geotechnical work associated with city-funded street, water or sewer improvements;
(3) Installation of electrical, sewer and/or gas underground utilities in conjunction with building, mechanical, plumbing or electrical permits for buildings when performing the excavation work on private property;
(4) Normal street maintenance work being performed by the public works department.

16-203. Application. Applications for such permits shall be submitted to the City Engineer three (3) weeks before the work is to begin. The application packet shall consist of a completed Road Cut Permit Application, any required construction drawings, a traffic control plan and a time schedule for the completion of the work. The following standards shall be used to review the application and to inspect subsequent construction:
(1) All proposed construction shall conform to the standard specifications adopted by the City,
(2) The work shall be completed in a reasonable time as specified in the time schedule,
(3) Barricades, flagmen, guards, fences, signage and other devices necessary to provide for public safety shall be provided and maintained at all times, and
(4) The applicant shall repair all latent defects in construction for a period of one (1) year after final completion of the work.

16-204. Fee. The fee for such permits shall be in accordance with the City of Lakeland Fee Schedule.

16-205. Bond. Before any person shall do any work within the city limits as permitted by this chapter, a five thousand dollar ($5,000) corporate surety bond or an irrevocable letter of credit in the amount of five thousand dollars ($5,000) or a certified check or cash deposit in an amount equal to the estimated construction charges, whichever is greater, must be filed in the city engineer’s office to guarantee the faithful performance of the provisions set forth in this chapter.

16-206. Insurance. The applicant shall file a certificate of insurance indicating that he/she is insured against claims for property damage as well as claims for personal injury which may arise out of the work, whether such performance be done by himself/herself, his/her subcontractor or anyone directly or indirectly employed by him/her. The insurance shall cover collapse, explosive hazards and underground work by equipment on the street and shall include protection against liability arising from completed operations. The amount of insurance shall not be less than one hundred thousand dollars ($100,000) for each person and three hundred thousand dollars ($300,000) for each accident and for property damages not less than twenty-five thousand dollars ($25,000) for any one accident and a seventy-five thousand dollar ($75,000) aggregate.

16-207. Protection of existing improvements. The applicant shall be responsible for the protection, repair or replacement of all improvements which exist within the limits of the construction area. For the purposes of this section, the term “improvements” means and includes, but is not limited to, the following: water lines, sanitary and storm sewer lines, street lighting, traffic signal systems, traffic signs, topsoil, sod, trees, public utility lines and systems, and street improvements including subgrade, base, pavement or other surfacing, curbs, gutters, medians, sidewalks, and all of the various appurtenances of these improvements. Where any piece of equipment is used, adequate provisions shall be employed to assure that those portions

of the street surface which are not to be removed will not be damaged. This shall be accomplished with the use of protective planking, pads or other methods meeting the approval of the city engineer. In the event any portion of the street is damaged as a result of the applicant’s operations, the applicant shall be responsible for the repair or replacement thereof in accordance with the directions of the city engineer.

16-208. Performance of work. (1) All work performed and materials used pursuant to the issuance of a road cut permit shall be in accordance with the City of Lakeland Manual for Public Works Construction and Materials Specifications.
(2) Where trench structure excavation requires the removal of curb gutter, concrete sidewalks, or asphaltic or concrete pavement by means of backhoes, graders or loaders, the asphalt or concrete shall be cut in a straight line parallel to the edge of the excavation by the use of a spade bitted air hammer, concrete saw, or similar approved equipment, to obtain a straight vertical edge before any excavating has begun.
(3) When trench excavation is performed by a trencher, asphalt pavement need not be cut prior to excavating operations. However, should trenching operations begin to pull, lift and/or tear existing asphalt pavement, the trenching operation shall be discontinued until the asphalt is cut parallel to the edge of the excavation. The city engineer or his/her designee shall retain sole authority to determine whether the asphalt shall be cut prior to any excavating. The minimum width of pavement removal for utilities greater than six feet in depth shall not be less than eight feet, unless otherwise approved by the city engineer. All necessary corners shall be cut at not more than a forty-five degree angle to the trench excavation.
(4) All trenches and bore pits shall be backfilled and compacted to a minimum 95% of maximum density. All disturbed areas shall be returned to their original state.
(5) Upon completion of trenching and backfilling, applicant shall cut and remove both edges of the asphalt or concrete pavement, one foot wider than the edge of the excavation. The cutting method shall be similar to that previously described.
(6) Rotomilling may be substituted instead of trimming asphalt or concrete pavement as outlined in subsection 3 above. This work shall include rotomilling both trench edges twelve inches wide to a depth no less than one and one-half inches. Rotomilling of trench edges shall not be considered an approved option if the trench excavation material is of a noncohesive property and undermines any edge of the existing asphalt pavement.
(7) Upon completion of the work, all surplus construction materials and debris shall be removed, leaving the entire site free, clean, and in a neat condition.
(8) The applicant or his agent shall be responsible for the removal and replacement of the concrete curb, gutter, sidewalk, and pavement, and such shall be made within seven (7) working days after backfill is completed, weather permitting.
(9) All excavation, backfilling and resurfacing work shall be performed by the applicant or his agent. Upon completion of the work, the applicant or his agent shall give immediate notice to the city engineer that such work has been completed.
(10) The applicant shall assume the responsibility for any damage to underground facilities caused by the trenching, backfilling, boring, resurfacing, or any other activities of the work.
(11) All topsoil and sod removed by the contractor shall be replaced.
(12) When making excavations, the various materials excavated shall be piled separately. All concrete and bituminous materials, any soils which cannot be properly compacted, and all other deleterious materials shall be removed from the construction site and properly disposed of in accordance with applicable laws.
(13) All materials used for backfilling shall be compactable so as to meet the minimum density and moisture requirements spelled out in the city’s construction standards. Backfill material may contain coarse materials up to six inches in diameter, but shall be free from large pieces of rock, frozen material, concrete, roots, stumps, tin cans, rubbish, and other similar articles whose presence in the backfill would, in the opinion of the city engineer or his/her

designee, cause settlement of the trench or damage to the installed improvement. Material shall have a maximum plasticity index of six and not exhibit pumping characteristics when proof rolled.
(14) As a condition of the permit, the applicant shall guarantee his work for a period of one (1) year from the date of final completion of the work. If settlement equal to or greater than one-half inch or pavement separation equal to or greater than one-quarter inch occurs at the site of the excavation, or immediately adjacent thereto, at any time within one (1) year from the date of final completion of the original restoration, the applicant shall be responsible for repairing such settled or separated areas in accordance with the directions of the city engineer. In addition, the applicant shall be responsible for reimbursing the city for any expenses incurred in the placement of warning devices and barricades for the protection of traffic due to such settlement.

16-209. Routing traffic and street closure. The applicant or his agent shall take appropriate measures to assure that, during the performance of the excavation work, traffic conditions shall be maintained, as nearly normal as practicable, at all times. A traffic control plan shall be submitted with the permit application and shall include a sketch showing traffic routing, placement and type of traffic control devices to be used, a statement of the reason for the work, and the time during which the work is to be performed. The applicant or his agent shall route and control traffic, including his own vehicles, as per the latest edition of the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the Federal Highway Administration. Excavations which traverse a street shall be limited to one-half the width of the street at any one time, unless an emergency situation exists which requires that the entire width of the street be excavated. The city engineer may permit the closing of streets to all traffic for a period of time prescribed by him if, in his opinion, it is necessary.

16-210. Time limitations. All work covered under this chapter shall be accomplished expeditiously until completion, in order to avoid unnecessary inconvenience to traffic, to pedestrians, and for the protection of other public interests. The applicant shall state, in his application for permit, the time which he estimates will be required to complete the work. Upon review of the application, the city engineer shall have the right to amend the time requested and issue the permit so as to allow the minimum amount of time which he determines will reasonably be required for such work. The time allowed for completion shall be extended as necessary if it is found that it is not possible to complete the work within the time allowed. In the event that the work is not being accomplished expeditiously in accordance with the time period set forth in the permit, or if the work on an excavation has ceased or is abandoned without due cause, the city engineer may, after ten working days from date of receipt, give written notice to the holder of the permit of the city’s intention to do so, have city forces correct the work, backfill the excavation, and effect all restoration as required by this chapter. In the event settlement of an excavation occurs within one year of the date of final restoration and the applicant is notified of such settlement or pavement separation, he shall accomplish the required restoration or repair within the time limit specified hereunder. Thereafter, if the work has not been accomplished, the city engineer may have city forces accomplish the work required. The entire cost of such work, including any materials used therefore, shall be paid to the city by the applicant of the permit upon demand. If payment is not made within thirty days of the demand, no additional permits shall be issued to the applicant until payment has been made by the applicant or by his bonding company. In addition, the city may proceed to collect any of the costs due and owing in any manner allowed by law.

Section 2. This Ordinance shall take effect fifteen (15) days after its final passage, the public welfare requiring it.

First Reading: October 02, 2008.
Public Hearing: October 27, 2008.
Final Reading: November 06, 2008.

Scott Carmichael, Mayor

ATTEST:

Sontidra Franklin, CMC
City Recorder

2008-09-09T11:16:00.000-07:00

ORDINANCE 08-122
BE IT ORDAINED BY THE CITY OF LAKELAND THAT CHAPTER 2, TITLE 16 OF THE LAKELAND MUNICIPAL CODE IS CREATED PERTAINING TO A MANUAL FOR PUBLIC WORKS CONSTRUCTION AND MATERIAL SPECIFICATIONS

WHEREAS, the City of Lakeland is desirous of adopting a manual for public works construction and material specifications; and,

WHEREAS, the purposes of this Manual for Public Works Construction and Material Specifications shall be used to improve the quality of construction in the corporate limits of Lakeland by Developers and by public contractors.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF LAKELAND, TENNESSEE that the “MANUAL FOR PUBLIC WORKS CONSTRUCTION AND MATERIAL SPECIFICATIONS dated June 2008 is hereby adopted.

Section 1:

Chapter 2 is hereby added to Title 16 of the Lakeland, Tennessee Municipal Code and consists of the following Sections and pages:

CITY OF LAKELAND
MANUAL
FOR
PUBLIC WORKS CONSTRUCTION
AND
MATERIALS SPECIFICATIONS

TABLE OF CONTENTS
Section 01010 General Construction Requirements Pages 1 through 7

Section 01340 Submittals Page 1 through 1

Section 01505 Temporary Facilities Page 1 through 1

Section 01551 Temporary Traffic Control Facilities Pages 1 through 4

Section 02115 Erosion and Sediment Control Pages 1 through 3

Section 02220 Site Demolition Pages 1 through 2

Section 02230 Clearing and Grubbing Pages 1 through 2

Section 02315 Excavations, Embankment and Fill Pages 1 through 4

Section 02335 Roadway Earthwork Pages 1 through 4

Section 02340 Geotextiles Fabrics and Membranes Pages 1 through 4

Section 02370 Storm Drain Outfall Protection Pages 1 through 5

Section 02481 HydroSeeding Pages 1 through 5

Section 02530 Sanitary Sewer Facilities Pages 1 through 30

Section 02632 Storm Sewers and Culverts Pages 1 through 26

Section 02705 Excavation, Trenching, and
Backfill for Electric, Gas And
Other Minor Underground
Facilities beneath Pavement Pages 1 through 9

Section 02710 Bound Aggregate Base Courses Pages 1through 25

Section 02715 Slurry Seal Pages 1 through 10

Section 02725 Crack Sealing Pages 1 through 3

Section 02735 Bituminous Mixture Thin Wearing Surface Pages 1 through 8

Section 02741 Asphaltic Concrete Pavement Pages 1 through 4

Section 02770 Concrete Curb, Curb And Gutter, Valley Gutters,
Sidewalk, And Driveways Pages 1 through 7

Section 02830 Irrigation Systems Pages 1 through 13

Section 02835 Top Soils, Seeding, and Lawn Restoration Pages 1 through 3

Section 02925 Bonded Fiber Matrix Pages 1 through 3

Section 02926 Hydraulic Fiber Mulches Pages 1 through 3

Section 03050 Portland Cement Concrete Pages 1 through 11
Appendix A Standard Drawings and Details

Section 2. This Ordinance shall take effect fifteen (15) days after its final passage, the public welfare requiring it.

First Reading: July 10, 2008.
Public Hearing: July 28, 2008.
Final Reading: September 04, 2008.

Scott Carmichael, Mayor

ATTEST:

Sontidra Franklin, CMC
City Recorder

2008-07-15T13:59:00.000-07:00

ORDINANCE 08-121
AN ORDINANCE OF THE CITY OF LAKELAND TO CREATE CHAPTER 3, WITHIN TITLE 12 OF THE LAKELAND MUNICIPAL CODE ESTABLISHING NEW REGULATIONS GOVERNING THE CONSTRUCTION OF RETAINING WALLS, REQUIRING A PERMIT AND ESTABLISHING A FEE

WHEREAS, the City of Lakeland desires to protect the public health, safety and welfare of its residents in regards to the construction of retaining walls, and;

WHEREAS, the rules and regulations are adopted pursuant to Section 6-54-501 et seq. Tennessee Code Annotated. which provides for the authority to regulate and permit retaining walls.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS that the City Of Lakeland, Tennessee Hereby Adopts An Ordinance To Govern the Construction of Retaining Walls, Requiring a Permit and Establishing a Fee.

Section 1:

Chapter 3 is hereby added to Title 12 of the Lakeland, Tennessee Municipal Code.
CHAPTER 3
Retaining Walls

SECTION
3-101. Purpose and Scope
3-102. Definitions.
3-103. Permit Required
3-104. Exemptions
3-105. Design and Construction
3-106. Variances
3-107. Appeals
3-108. Conflicts
3-109. Severability

3-101. Purpose and scope. The purpose of this chapter is to provide minimum standards to safeguard life, health, property and public welfare by governing the construction and placement of retaining wall systems through the adoption of specific standards to augment existing codes. These provisions shall apply to the construction and/or alteration of retaining walls on all public and private property that is not within a public right-of-way of the city.

3-102. Definitions. For the purposes of this chapter, the following definitions shall apply:
“Building Code” means the latest edition of the International Building Code as amended and adopted by Shelby County.

“Cut” means an alteration or excavation of the slope of native soils material resulting in a new face or slope.

“Fill” means the placement of soils material to achieve a new ground surface.

“Height of wall” means the measured distance between the bottom of the footing to the top of a wall.

“Retaining wall” means a manmade structure built out of rock, concrete, block, wood, or other similar material and used to either directly support retained material or to serve as a facing of a cut slope. This definition includes, but is not limited to, other systems designed to retain earth or other materials such as a geosynthetic-reinforced soil system or pre-engineered structures.

“Structural repairs” means to replace, restore, or remove any part of a retaining wall which affects its ability to resist the lateral or vertical forces of the adjacent soils.

3-103. Permit requirement. It shall be unlawful to construct, enlarge, or make structural repairs to any retaining wall without acquiring a permit from the City of Lakeland. Cosmetic repairs that do not affect the ability of the wall to resist lateral and vertical soil forces shall not require a permit. The application, submittal, permitting and inspection requirements for retaining walls shall be as specified in the Building Code and other city codes and ordinances.
(1) Application. To obtain a retaining wall permit, a completed application form and plot plat (site plan) must be submitted to the City of Lakeland. The Plot Plan shall show:
(a) Location of all property lines
(b) Location of all existing and proposed structures
(c) Location of existing retaining walls on or adjacent to the property that is to remain in place if applicable.
(d) Portions of existing retaining wall that will be replaced, if applicable.
(e) Location of new, enlarged or structurally repaired retaining wall;
(f) Location of utilities and utility easements, drainage easement and drainage ways;
(g) Elevation above and below the retaining wall;
(h) all trees

(2) Fee. The fee for the retaining wall permit shall be as provided for in the fee ordinance.
3-104. Exemptions. Retaining walls with a height of wall not exceeding four feet are exempt from this chapter if:

(1) The wall is set back from any adjacent property lines or structures at a minimum distance equal to the height of the wall;
(2) The material retained by the wall slopes up and away from the wall at a ratio not exceeding one foot vertical per three feet horizontal distance; and
(3) The wall is not supporting a surcharge.

A. Emergency repairs required to stabilize slopes may exceed the height limits set forth in this Chapter provided the City Engineer determines the following criteria are met:

(1) An imminent danger of slope failure exists that will threaten life or the safety of existing upslope or down slope property; and
(2) The Code Enforcement Official certifies that strict compliance with the other provisions of this Chapter is likely to result in insufficient time to complete the repairs to provide for the necessary stabilization of the active area.
(3) The emergency repairs are not necessitated by actions of the applicant or property owner in violation of City codes.
(4) The height of the retaining walls is the minimum necessary to stabilize the slope.

3-105. Design and construction. Retaining wall systems that are newly constructed, structurally repaired or enlarged shall be designed or reviewed by a professional engineer licensed to practice in the state of Tennessee for all loads as specified in the building code and within this Chapter and in keeping with nationally recognized standards. Designs shall be based upon sound engineering and geotechnical principles.

(1) Utility Easements. Retaining walls shall not restrict access to utilities.
(2) Drainage Easements. Retaining walls shall not impede the normal flow of storm water and shall not cross an open drainage channel.
(3) Retaining walls shall not be constructed over a public or private access easement.
(4) Retaining walls constructed near street intersections shall provide a reasonable degree of traffic visibility.

A. Maximum Wall Heights.
(1) The maximum height of a retaining wall in a fill section shall be limited to ten feet.
(2) The maximum height of a retaining wall in a cut section shall be limited to 12 feet. A section that consists of a combination of a cut and a fill shall be considered as a cut; provided that the fill above the cut is no more than two feet in depth.

(3) Where multiple walls are situated in a terrace-like pattern, they shall be considered one wall for purposes of determining the height of wall if the horizontal separation between adjacent walls is less than or equal to the combined height of the walls.

3-106. Variances. Where there are unique constraints that would prohibit full compliance with the provisions of this chapter and would deny the property owner of use of their property that would be permitted to other properties, a variance may be considered.

3-107. Appeals. Any person or entity aggrieved by any decision or order of the city engineer under this chapter may appeal the decision to the board of appeals.
(1) The City of Lakeland Board of Appeals shall hear and decide appeals and requests for variances from the requirements of this chapter.
(2) Variances may be issued in regards to the interpretation of the rules in regards to issuing a permit such as the height of the wall and exemptions. The permit fee shall not be appealed.
(3) In passing upon such variances, the Board of Appeals shall consider all technical evaluations, all relevant factors such as practices and design guidelines contained within this chapter and those that are spelled out in the international building code as adopted by Shelby County.
: (4) Upon consideration of the factors listed above, and the purposes of this ordinance, the Board of Appeals may attach such conditions to the granting of variances, as it deems necessary to effectuate the purposes of this ordinance.
(5) Request for variances may be appealed within thirty (30) calendar days from the date that the permit was issued.
(6) Variances may be issued upon a determination that the variance is the minimum relief necessary, considering the amount of the fee and/or the property classification.
(7) Variances shall only be issued upon
(a) a showing of good and sufficient cause,
(b) a determination that failure to grant the variance would result in exceptional hardship compared to other similarly assessed property; and
(c) a determination that the granting of a variance will not result in conflict with existing local laws or ordinances.
(8) Written notice - any applicant to whom a variance is granted shall be given written notice by the Board of Appeals.
(9) Record keeping and reporting - the City of Lakeland shall maintain the record of all appeal actions.
(10) All appeals shall be reviewed and a decision rendered within forty-five days (45) days after the appeal is filed.
3-108. Conflicts. Where there is a conflict between this chapter and any other code or ordinance of the city, the more specific provisions shall apply. If any section, sentence, clause, or phrase of this ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance.

3-109. Severability. If any section, sentence, clause or phrase of this ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionally shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance.

First Reading: June 05, 2008.
Public Hearing: June 30, 2008.
Final Reading: July 10, 2008.

Scott Carmichael, Mayor

ATTEST:

Sontidra Franklin, CMC
City Recorder

2008-04-04T13:18:00.001-07:00

08-116
AN ORDINANCE AMENDING THE FEE SCHEDULE TO ESTABLISH FEES FOR SPECIFIED ACTIVITIES IN PARKS AND RECREATION
AND FOR THE IH CLUB RENTAL

BE IT ORDAINED BY THE LAKELAND BOARD OF COMMISSIONERS:

SECTION 1: The Lakeland Fee Schedule is amended to add the following fees:
A. $25 per session for Tennis Lessons
B. $20 per team late fee for late registration of teams
C. IH Club rental fee of $400 for first four hours, $50 for each additional hour, renter is responsible for clean-up or Clean up fee of minimum of $100
a. Cancellation fee of $50 three weeks or more before the event
b. Cancellation of the reservation deposit ($200) if canceled three weeks or less before the event.
D. Day Camp Fees
a. $75 per week for first child of a family enrolled ($50 per week for each additional child from the same family) enrolled for the full six week program (Monday through Friday from 8:30 a.m. to 3:30 p.m.).
b. $100 per child or children per week for children signed up on a weekly basis and not for the full six week program.
First Reading: March 06, 2008.
Public Hearing: March 24, 2008.
Final Reading: April 03, 2008.

Scott Carmichael, Mayor

ATTEST:

Sontidra Franklin, CMC
City Recorder

2008-04-04T13:17:00.001-07:00

ORDINANCE 08-115
AN ORDINANCE AMENDING AND CREATING PERTAIN SECTIONS OF TITLE 18, CHAPTER 1 AND CHAPTER 2 OF THE LAKELAND MUNICIPAL CODE PERTAINING TO SEWER

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAKELAND, TENNESSEE.

Section 1:

Title 18 Sewer, Chapter 1 Section 18-101 is hereby amended to read as follows:

18-101. Definitions. The following definitions shall apply in the interpretation of this chapter.
(9) “Sewer Service Line.” "Sewer Service Line" means a pipe intended to carry sewage flow that connects to the public sewer main and extends to the house, buildings, structures or other properties served. A sewer service line may be inside the public right-of-way or in an easement prior to extension onto private property.

Section 2:

Title 18 Sewer, Chapter 2 Section 18-206, is hereby amended to read as follows:

18-206. Installation, Maintenance Responsibility, and Associated Fees For Sewer Service Lines.

(1) Each lot shall have a separate sewer service line serving it and no other lot shall be provided service from the sewer service line.

(2) Property owners shall be responsible for the installation of a new sewer service line from the public sewer main to the house, building, or structure if they have not been installed by others. The city does not guarantee that a sewer service line is extended into a lot. If there is no sewer service connection into the lot or parcel of land, the city and/or designated agent by the city may install, at the cost of the customer and as covered by fees set forth by ordinance, a sewer service saddle on the sewer main. The property owner must then install the sewer service line from the saddle on the public sewer main to the property being served by the sewer service. All trenching, excavation, backfilling, compaction, and surface restoration such as pavement replacement etc., shall be performed by and at the cost and expense of the property owner.

(3) The owner shall maintain the existing sewer service line from the public sewer main to the house, building or structure being served. Maintenance covers all work and costs associated with routine and emergency services to clean the sewer service line.

A. If a residential property owner experiences sewer service interruption as a result of a sewer service line blockage or breakage and has demonstrated a good faith effort to remedy the problem, the city will make any necessary repair on the portion of the sewer service line inside the public right-of-way or easement. A good faith effort shall constitute current written documentation that the owner has hired a plumber to clear or repair the breakage of the sewer service line. The owner shall, before the city makes such repairs, provide a clear and open access to the sewer service line at the right-of-way or easement boundary. Upon completion of making repairs to the sewer service line blockage or breakage, a new sewer service cleanout shall be installed as directed by the city engineer at the right of way line and at the expense of the property owner. Residential property owners will not be billed for any repair work performed by the city between the public sewer main and the right of way or easement boundary, except for the material cost of the sewer cleanout. All costs associated with a plumber or others by the property owner to clear a blocked or broken sewer service line shall be the responsibility of the property owner. Commercial property owners shall pay all costs and repairs to a blocked or broken sewer service line from the public sewer main to the structure. This includes the cost of materials and labor to install a sewer service cleanout.

(4) The city does not undertake or agree to furnish or supply continuous uninterrupted sewer service to its property owners and shall not be liable for any deficiency or failure in the receiving of wastewater from property owners for the purpose of making repairs or connections or from any other cause whatsoever. The city specifically reserves the right to assert any and all rights, immunities, and defenses it may have pursuant to the Tennessee Governmental Claims Act.

(5) Sewer system backwater valves. If the city determines that a property owner has the potential to have a sewer system backup, a backwater valve shall be installed by the property owner at owner’s cost. Sewer system backwater valves shall be installed in accordance to applicable plumbing code.

Section 3. This Ordinance shall take effect fifteen (15) days after its final passage, the public welfare requiring it.

First Reading: March 06, 2008.
Public Hearing: March 24, 2008.
Final Reading: April 03, 2008.

Scott Carmichael, Mayor
ATTEST:

Sontidra Franklin, CMC
City Recorder

2008-03-26T13:05:00.000-07:00

ORDINANCE 08-114
AN ORDINANCE AMENDING THE LAKELAND MUNICIPAL CODE TITLE 13, SECTION 13-419 “MUNICIPAL TREE MANAGEMENT;” AND PROVIDING AN EFFECTIVE DATE

WHEREAS, the City of Lakeland has established a Natural Resources Board through Ordinance 03-53 and amended by Ordinance 05-81; and,

WHEREAS, the City of Lakeland is committed to a comprehensive approach to the preservation of Lakeland’s natural resources as cited in Resolution #2004/12-108; and,

WHEREAS, the citizens of Lakeland will have better representation on issues related to natural resources by separating the Natural Resources Board from the Parks & Recreation Advisory Board,

NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF LAKELAND THAT THE LAKELAND MUNICIPAL CODE BE AMENDED AS FOLLOWS:

Title 13, Chapter 4, Section 13-419 “Municipal Tree Management” is repealed in its entirety and replaced with the language attached as EXHIBIT A.

This Ordinance shall take effect thirty (30) days after its final passage and publication, the public welfare requiring it.

First Reading: February 07, 2008.
Public Hearing: February 25, 2008.
Final Reading: March 06, 2008.

Scott Carmichael, Mayor

ATTEST:

Sontidra Franklin, CMC
City Recorder

EXHIBIT A

There is hereby created and established a Lakeland Natural Resources Board. This board shall consist of at least five (5) members and no more than seven (7) members, citizens and residents of Lakeland, who shall be appointed by the Mayor and Board of Commissioners. Members of the Lakeland Natural Resources Board shall serve without compensation. The terms of the Lakeland Natural Resources Board shall be three (3) years. Initial appointments shall establish staggered terms by appointing two members to three (3) year terms, two members to two (2) year terms and the remainder of the members to one (1) year terms. There shall be one member of the Board of Commissioners appointed to serve on the Natural Resources Board with a one year term. The Lakeland Natural Resources Board shall choose its own officers, make its own rules and regulations and keep a journal of its proceedings. A majority of its members shall be a quorum for the transaction of business. The duties of the Natural Resources shall be as spelled out in the Natural Resources Board bylaws and include: providing a venue to hear citizen concerns regarding natural resources related issues and to make recommendations or otherwise provide assistance to the Board of Commissioners or other boards regarding these community issues; to periodically review natural resources management ordinances and policies and to make recommendations to the Board of Commissioners regarding regulations and policies; to promote environmental education within the City of Lakeland; to promote pride and community interest in natural resources; and to serve as a forum for the introduction of innovative ideas, programs, and policies related to natural resources.

2008-01-15T13:09:00.000-08:00

ORDINANCE 08-113
AN ORDINANCE TO AMEND CERTAIN PROVISIONS OF ARTICLE IX, SECTION 3 AND ARTICLE II, SECTION 2 OF THE ZONING ORDINANCE TO PROVIDE REGULATIONS REGARDING ENCLOSED PATIOS; PROVIDING AN EFFECTIVE DATE

Whereas, the City of Lakeland Zoning Ordinance currently regulates enclosed patios as part of the principal structure; and,

Whereas, residents have requested that enclosed patios be allowed to extend beyond the required rear setback on certain lots in small-lot subdivisions; and,

Whereas, the Board of Commissioners has determined that a reduced setback for enclosed patios would not significantly impact surrounding properties if certain conditions exist, such as proximity to permanent open space; and,

Whereas, the Municipal Planning Commission reviewed the proposed standards at its meeting on November 19, 2007 and recommended approval.

Now, therefore, be it ordained by the board of commissioners of the city of Lakeland Tennessee that:

Section 1. The City of Lakeland Zoning Ordinance, Article IX, Section 3, and Article II, Section 2 is hereby amended, as more fully described and illustrated in Exhibit “A” attached hereto.

Section 2. The provisions of this Ordinance are severable. If any provision of this Ordinance or the application thereof to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision or application.

Section 3. This Ordinance shall take effect fifteen (15) days after its final passage and publication, the public welfare requiring it.

First Reading: December 06, 2007.
Public Hearing: January 03, 2008.
Final Reading: January 10, 2008.

Scott Carmichael, Mayor

ATTEST:

Sontidra Franklin, CMC
City Recorder

Exhibit “A”
The following text shall be added to the sections identified:
Article II, Section 2
Definitions
ENCLOSED PATIO – An enclosed space or partially enclosed space attached to a principal structure that is completely roofed, has permanent walls on at least 2 sides, and does not have a central heating or air conditioning system.
Article IX, Section 3
10. Enclosed Patios
All enclosed patios shall comply with the required rear yard building setback for the Zoning District in which it is located, with the following exception:
· Lots that consist of a total area between 5,700 square feet and 7,700 square feet AND have a rear yard directly adjacent to a permanent non-developable open space (common open space, conservation easement, etc.) may extend 10 feet into the required rear yard building setback, but shall not be located within five (5) feet of the rear property line..

2008-01-15T13:07:00.000-08:00

ORDINANCE 08-112
AN ORDINANCE TO AMEND THE CITY OF LAKELAND ZONING ORDINANCE; PROVIDING AN EFFECTIVE DATE

WHEREAS, the City of Lakeland passed an ordinance in December 1994, adopting floodplain management regulations and incorporating the same into the Zoning Ordinance Article VII, Flood Plain Overlay District that met the standards of paragraph 60.3(d) of the National Flood Insurance Program; and,

WHEREAS, the Federal Emergency Management Agency has notified the City of Lakeland that they are required to adopt updated floodplain management regulations to meet the new standards of paragraph 60.3(d) of the National Flood Insurance Program; and,

WHEREAS, the new amendments deal with new areas within the city of Lakeland as outlined the Flood Insurance Study and Flood Insurance Rate Map, consisting of additional panels due to the annexation of lands north of the U.S. Highway 70; identifying special hazard areas as shown on a Flood Hazard Boundary Map as Zone A, AO, A1-30, AE, A99, or AH and setting forth new restrictions for these new zones, redefining the meaning of “Substantial Improvements”; defining the responsibility of the permit holder to submit floor elevations within A Zones where flood elevations are not available; defining the responsibility of the City Engineer to require the lowest floor elevation (in A Zones) to be elevated or flood proofed at lease three feet above highest adjacent grade; in areas where the base flood elevation is known new construction and substantial improvements shall have the lowest floor elevations one foot above the base flood elevation; new language defining restrictions for recreational vehicles; an expanded rewrite of restrictions for floodways, areas of shallow flooding (AO and AH Zones), and areas within Lakeland that have streams with base flood elevations but no defined floodways (Zone AE).

WHEREAS, the Municipal Planning Commission evaluated these amendments to the City of Lakeland Zoning Ordinance, Article VII, Flood Plain Overlay District as requested by the Federal Emergency Management Agency; and,

WHEREAS, copies of the amendments in question are on file at City Hall, and were provided on a CD-Rom to the Municipal Planning Commission on November 19, 2007; and,

WHEREAS, the following articles of the Zoning Ordinance were included and public notice was published prior to the Planning Commission’s recommendation to the Board of Commissioners: Article VII, Flood Plain Overlay District; and,

WHEREAS, the Municipal Planning Commission recommends approval of the proposed amendments, to the Board of Commissioners on December 6, 2007.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF LAKELAND, TENNESSEE THAT:

Section 1. The City of Lakeland Zoning Ordinance is hereby amended, as more fully described and illustrated in Exhibit “A” attached hereto.

Section 2. The provisions of this Ordinance are severable. If any provision of this Ordinance or the application thereof to any person or circumstance is held to be invalid by a
court of competent jurisdiction, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision or application.

“EXHIBIT A”

ARTICLE VII

FLOODPLAIN OVERLAY ZONE (FP DISTRICT)

SECTION 1 – AUTHORIZATION AND PURPOSE

A. Statutory Authorization - The Legislature of the State of Tennessee has in Sections 13-7-201 through 13-7-210, Tennessee Code Annotated, delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry.

B. Findings of Fact -

1. Eligibility in National Flood Insurance Program - The Lakeland Board of Commissioners wishes to maintain eligibility in the National Flood Insurance Program and in order to do so must meet the requirements of 60.3(d) of the Federal Insurance Administration Regulations found at 44 CFR Ch. 1 (10-1-88 Edition) and subsequent amendments.

2. Areas Subject to Flooding - Areas of the City of Lakeland are subject to periodic inundation which could result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

3. Flood Losses - These flood losses are caused by the cumulative effect of obstructions in floodplains, causing increases in flood heights and velocities; and by uses in flood hazard areas which are vulnerable to floods; or construction which is inadequately elevated, flood-proofed, or otherwise unprotected from flood damages.

C. Statement of Purpose - It is the purpose of this Ordinance to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas. This Ordinance is designed to:

1. Restrict or prohibit uses which are vulnerable to water or erosion hazards, or which cause damaging increases in erosion, flood heights, or velocities

2. Require that uses vulnerable to floods, including community facilities, be protected against flood damage

3. Control the alteration of natural floodplains, stream channels, and natural protective barriers that accommodate flood waters

4. Control filling, grading, dredging and other development that may increase erosion or flood damage

5. Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards.

D. Objectives –

The objectives of this Ordinance are:

1. To protect the health, safety, and general welfare of it citizenry.

2. To minimize expenditure of public funds for costly flood control projects

3. To minimize the need for rescue and relief efforts associated with flooding

4. To minimize prolonged business interruptions

5. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, street and bridges located in floodable areas

6. To help maintain a stable revenue base by providing for the sound use and development of flood prone areas

7. To ensure that potential buyers are notified that property is in a floodable area

8. To maintain eligibility for participation in the National Flood Insurance Program

SECTION 2 – DEFINITIONS

Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted as to give them the meaning they have in common usage and to give this Ordinance it’s most reasonable application.

1. Accessory Structure - A subordinate structure to the principal structure and, for the purpose of this section shall conform to the following:

a. Accessory structures shall not be used for human habitation.

b. Accessory structures shall be designed to have low flood damage potential.

c. Accessory structures shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters.

d. Accessory structures shall be firmly anchored to prevent flotation that may result in damage to other structures.

e. Service facilities such as electrical and heating equipment shall be elevated or flood proofed.

2. Act - The statutes authorizing the National Flood Insurance Program that are incorporated in 42 U.S.C. 4001-4128.

3. Addition (to an existing building) - Any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load bearing wall other than a fire wall. Any walled and roofed addition that is connected by a fire wall or is separated by independent perimeter load-bearing walls is new construction.

4. Appeal - A request for a review of the Building Official's interpretation of any provision of this Ordinance or a request for a variance to the Board of Appeals.

5. Area of Shallow Flooding - A designated AO or AH Zone on a community's Flood Insurance Rate Map (FIRM) with one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

6. Area of Special Flood-Related Erosion Hazard - The land within a community which is most likely to be subject to severe flood-related erosion losses. The area may be designated as Zone E on the Flood Hazard Boundary Map (FHBM). After the detailed evaluation of the special flood-related erosion hazard area in preparation for publication of the FIRM, Zone E may be further refined.

7. Area of Special Flood Hazard - The land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. The area may be designated as Zone A on the FHBM. After detailed rate making has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AO, AH, A1-30, AE or A99.

8. Base Flood - The flood having a one percent chance of being equaled or exceeded in any given year.

9. Basement - That portion of a building having its floor subgrade (below ground level) on all sides.

10. Breakaway Wall - A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.

11. Building - For purposes of this section, means any structure built for support, shelter, or enclosure for any occupancy or storage. (See "structure").

12. Development - Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.

13. Elevated Building - A non-basement building built to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level by means of fill, solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwater pilings, columns (posts and piers) or shear walls adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood.

14. Emergency Flood Insurance Program or Emergency Program - The program as implemented on an emergency basis in accordance with section 1336 of the Act. It is intended as a program to provide a first layer amount of insurance on all insurable structures before the effective date of the initial FIRM.

15. Erosion - The process of the gradual wearing away of land masses. This peril is not per se covered under the Program.

16. Exception - A waiver from the provisions of this Ordinance that relieves the applicant from the requirements of a rule, regulation, order or other determination made or issued pursuant to this Ordinance.

17. Existing Construction - Any structure for which the "start of construction" commenced before the effective date of this Ordinance.

18. Existing Manufactured Home Park or Subdivision - A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of this Ordinance.

19. Existing Structures - See Existing Construction.

20. Expansion to an Existing Manufactured Home Park or Subdivision - The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

21. Flood or Flooding - A general and temporary condition of partial or complete inundation of normally dry land areas from:

a. The overflow of inland or tidal waters;

b. The unusual and rapid accumulation or runoff of surface waters from any
source.

22. Flood Elevation Determination - A determination by the Administrator of the water surface elevations of the base flood, that is, the flood level that has a one percent or greater chance of occurrence in any given year.

23. Flood Elevation Study - An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.

24. Flood Hazard Boundary Map (FHBM) - An official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the flood related erosion areas having special hazards have been designated as Zone A, M, and/or E.

25. Flood Insurance Rate Map (FIRM)- An official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

26. Flood Insurance Study - The official report provided by the Federal Emergency Management Agency. The report contains flood profiles as well as the Flood Boundary Map and the water surface elevation of the base flood.

27. Floodplain or Flood-Prone Area - Any land area susceptible to being inundated by water from any source (see definition of "flooding").

28. Floodplain Management - The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations.

29. Flood Protection System - Physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are constructed in conformance with sound engineering standards.

30. Floodproofing - Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

31. Flood-Related Erosion - The collapse or subsidence of land along the shore of a lake or other body of water as a result of undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding.

32. Flood-Related Erosion Area Or Flood-Related Erosion Prone Area - A land area adjoining the shore of a lake or other body of water, which due to the composition of the shoreline or bank and high water levels or wind-driven currents, is likely to suffer flood-related erosion damage.

33. Flood-Related Erosion Area Management - The operation of an overall program of corrective and preventive measures for reducing flood-related erosion damage, including but not limited to emergency preparedness plans, flood-related erosion control works and flood plain management regulations.

34. Floodway - The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

35. Floor - The top surface of an enclosed area in a building (including basement), i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction. The term does not include the floor of a garage used solely for parking vehicles.

36. Freeboard - A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway condition, such as wave action, bridge openings and the hydrological effect of urbanization of the watershed.

37. Functionally Dependent Use - A use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

38. Highest Adjacent Grade - The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.

39. Historic Structure - Any structure that is:

a. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminary determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

b. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

c. Individually listed on a Tennessee inventory of historic places with historic preservation programs which have been approved by the Secretary of the Interior; or

d. Individually listed on a local inventory of historic places and determined as eligible by communities with historic preservation programs that have been certified either:

(1) By an approved state program as determined by the Secretary of the Interior, or

(2) Directly by the Secretary of the Interior.

40. Levee - A man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding.

41. Levee System - A flood protection system that consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.

42. Lowest Floor - The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this Ordinance.

43. Manufactured Home - A structure, transportable in one or more sections, which is built on a permanent chassis and designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle", unless such transportable structures are placed on a site for 180 consecutive days or longer.

44. Manufactured Home Park or Subdivision - A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

45. Map - The Flood Hazard Boundary Map (FHBM) or the Flood Insurance Rate Map (FIRM) for a community issued by the Agency.

46. Mean Sea Level - The average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For purposes of this Ordinance, the term is synonymous with National Geodetic Vertical Datum (NGVD) or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.
47. National Geodetic Vertical Datum (NGVD) - A vertical control used as a reference for establishing varying elevations within the floodplain.

48. New Construction - Any structure for which the "start of construction" commenced on or after the effective date of this Ordinance. The term also includes any subsequent improvements to such structure.

49. New Manufactured Home Park or Subdivision - A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of this Ordinance.

50. 100-Year Flood - See Base Flood.

51. Person - Any individual or group of individuals, corporation, partnership, association, or any other entity, including State and local governments and agencies.

52. Recreational Vehicle - A vehicle that is:

a. Built on a single chassis

b. 400 square feet or less when measured at the largest horizontal projections;

c. Designed to be self-propelled or permanently towable by a light duty vehicle; and

d. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

53. Regulatory Floodway - The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

54. Riverine - Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

55. Special Hazard Area - An area having special flood, mudslide (i.e., mudflow) and/or flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, A1-30, AE, A99, or AH.

56. Start Of Construction - Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure (including a manufactured home) on a site, such as the pouring of slabs or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

57. State Coordinating Agency (Tennessee Department Of Economic and Community Development, Local Planning Assistance Office) - The agency of the state government, or other office designated by the Governor of the State or by state statute at the request of the Administrator to assist in the implementation of the National Flood Insurance Program in that state.

58. Structure - A walled and roofed building that is principally above ground, a manufactured home, a gas or liquid storage tank, or other man-made facilities or infrastructures.

59. Substantial Damage - Damage of any origin sustained by a structure whereby the cost of restoring the structure to it’s before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

60. Substantial Improvement - means any repairs, reconstruction, rehabilitation, additions, alterations or other improvements to a structure, taking place during a 5-year period, in which the cumulative cost equals or exceeds fifty percent of the market value of the structure before the "start of construction" of the improvement.

The market value of the structure should be (1) the appraised value of the structure prior to the start of the initial repair or improvement, or (2) in the case of damage, the value of the structure prior to the damage occurring. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed.

For the purpose of this definition, “Substantial Improvement” is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. The term does not, however, include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been pre-identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions and not solely triggered by an improvement or repair project or; (2) Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure".

61. Substantially Improved Existing Manufactured Home Parks or Subdivisions - Where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced.

62. Variance - A grant of relief from the requirements of this Ordinance that permits construction in a manner otherwise prohibited by this Ordinance where specific enforcement would result in unnecessary hardship.

63. Violation - The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certification, or other evidence of compliance required in this Ordinance that is presumed to be in violation until such time as documentation is provided.

64. Water Surface Elevation - The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the flood plains of coastal or riverine areas.

SECTION 3 – PROCEDURES AND PROVISIONS

A. General Provisions -

1. Applicability - This Chapter shall apply to all areas within the incorporated area of City of Lakeland, Tennessee.

2. Basis for Establishing the Areas of Special Flood Hazard – the areas of special flood hazard identified on the Lakeland, Tennessee, federal emergency management agency, flood insurance study (FIS) and flood insurance rate map (FIRM), community panel number 47157c0195f, 47157c0215f, 47157c0220f, 47157c0310f; and 47157c0330f, dated September 28, 2007, and any subsequent amendments or revisions, are adopted by reference and declared to be a part of this Ordinance. These areas shall be incorporated into the Official Zoning Map of the City of Lakeland, Tennessee along with all supporting technical data, are adopted by reference and declared to be a part of this ordinance.

3. Requirement for Development Permit - A development permit shall be required in conformity with this Chapter prior to the commencement of any development activity.

4. Compliance - No structure or use shall hereafter be located, extended, converted or structurally altered without full compliance with the terms of this Ordinance and other applicable regulations.

5. Abrogation and Greater Restrictions - This Ordinance is not intended to repeal, abrogate, or impair any existing easement, covenant, or deed restriction. However, where this Ordinance conflicts or overlaps with another, whichever imposes the more stringent restrictions shall prevail.

6. Interpretation - In the interpretation and application of this Ordinance, all provisions shall be: (1) considered as minimum requirements; (2) liberally construed in favor of the governing body, and; (3) deemed neither to limit nor repeal any other powers granted under state statutes.

7. Warning and Disclaimer of Liability - The degree of flood protection required by this Ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This Ordinance does not imply that land outside the flood hazard areas or uses permitted within such areas will be free from flooding or flood damages. This Ordinance shall not create liability on the part of the City of Lakeland, Tennessee or by any officer or employee thereof for any flood damages that result from reliance on this Ordinance or any administrative decision lawfully made hereunder.

8. Penalties for Violation - Violation of the provisions of this Ordinance or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute a misdemeanor punishable as other misdemeanors as provided by law. Each day such violation continues it shall be considered a separate offense. Nothing herein contained shall prevent the City of Lakeland from taking such other lawful actions to prevent or remedy any violation.

B. Administration -

1. Designation of City Engineer - The City Engineer is hereby appointed to administer and implement the provisions of this Ordinance.

2. Permit Procedures - Application for approval of a development shall be made to the City Engineer on forms furnished by the Planning Director prior to any development activity. The development requirement may include, but is not limited to the following: plans in duplicate drawn to scale, showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, earthen fill, storage of materials or equipment, drainage facilities. Specifically, the following information is required:

a. Application stage -

(1) Elevation in relation to mean sea level of the proposed lowest floor, including basement, of all buildings where BFE’s are available, or to the highest adjacent grade when applicable under this ordinance.

(2) Elevations in relation to mean sea level, to which any non-residential building will be flood-proofed, where base flood elevation data is available.

(3) Certificate from a registered professional engineer or architect that the non-residential flood-proofed building will meet the flood-proofing criteria in Section 3, where base flood elevation data is available.

(4) Description of the extent to which any watercourse will be altered or relocated as a result of the proposed development.

b. Construction Stage -

(1) Within unnumbered A zones, where flood elevation data are not available, the City Engineer or Code Enforcement Official shall record the elevation of the lowest floor on the development permit. The elevation of the lowest floor shall be determined as the measurement of the lowest floor of the building relative to the highest adjacent grade.

(2) For all new construction and substantial improvements, the permit holder shall provide to the code enforcement official an as-built certification of the regulatory floor elevation or flood proofing level upon the completion of the lowest floor or flood proofing. Within unnumbered a zones, where flood elevation data is not available, the elevation of the lowest floor shall be determined as the measurement of the lowest floor of the building relative to the highest adjacent grade.

Any lowest floor certification made relative to mean sea level shall be prepared by or under the direct supervision of, a registered land surveyor and certified by same. When flood proofing is utilized for a non-residential building said certification shall be prepared by or under the direct supervision of, a professional engineer or architect and certified by same.

Any work undertaken prior to submission of the certification shall be at the permit holder's risk. The administrator shall review the above-referenced certification data. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further work being allowed to proceed. Failure to submit the certification or failure to make said corrections required hereby shall be cause to issue a stop-work order for the project.

3. Duties and Responsibilities of the City Engineer -

Duties of the City Engineer shall include, but not be limited to:

a. Review of Development Applications - The City Engineer shall review all development applications to assure that the requirements of this Ordinance have been satisfied and that proposed building sites will be reasonably safe from flooding. The developer’s engineer will submit all necessary hydraulic analysis to the City Engineer.

b. Provide Advice to Applicants – The City Engineer shall advise applicants that additional federal or state permits may be required, and if specific federal or state permit requirements are known, require that copies of such permits be provided and maintained on file with the development permit. This shall include Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U. S. C. 1334.

c. Notification – The City Engineer shall provide notification to adjacent communities and the Tennessee Department of Economic and Community Development Local Planning Office, prior to any alteration or relocation of a watercourse, and submission of evidence of such notification to the Federal Emergency Management Agency.

d. Interpretation of boundaries - Where interpretation is needed as to the exact location of boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the City Engineer shall make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 3.D.

e. Utilize flood elevation and floodway data - When base flood elevation data or floodway data have not been provided by the Federal Emergency Management Agency, then the City Engineer shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State, or other source, including data developed as a result of these regulations, as criteria for requiring that new construction, substantial improvements, or other development in Zone A on the Community FIRM meet the requirements of this Ordinance. Within unnumbered A zones, where base flood elevations have not been established and where alternative data is not available, the City Engineer shall require the lowest floor of a residential building to be elevated or flood proofed to a level of at least three (3) feet above the highest adjacent grade (lowest floor and highest adjacent grade being defined in section 2 of this ordinance). All applicable data including elevations or flood proofing certifications shall be recorded as set forth in section 3.

f. Maintain records - All records pertaining to the provisions of this Ordinance shall be maintained in the office of the City Engineer and/or Code Enforcement Official and shall be open for public inspection. Permits issued under the provisions of this Ordinance shall be maintained in a separate file or marked for expedited retrieval within combined files in construction code enforcement office.

g. Monitor carrying capacity - Assure that the flood carrying capacity within an altered or relocated portion of any water course is maintained.

4. Duties and Responsibilities of the Code Enforcement Official -

Duties of the Code Enforcement Official shall include, but not be limited to:

a. Document Building Elevations - Record the actual elevation (in relation to mean sea level or highest adjacent grade, whichever is applicable) of the lowest floor (including basement) of all new or substantially improved buildings. Survey data to be provided to construction code enforcement prior to issuance of final use and occupancy.

b. Document Flood-proofing of Buildings - Record the actual elevation (in relation to mean sea level or highest adjacent grade, whichever is applicable) to which the new or substantially improved buildings have been flood-proofed. This information will be kept by construction code enforcement.

c. Obtain Certifications - When flood-proofing is utilized, the Code Enforcement Official shall obtain certification from a registered professional engineer or architect.

C. Provisions for Flood Hazard Reduction

1. General Standards -
In all flood prone areas the following provisions are required:

a. Anchoring - New construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.

b. Anchoring for Manufactured Homes - Manufactured homes shall be elevated and anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state requirements for resisting wind forces;

c. Construction Materials - New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

d. Construction Methods - New construction or substantial improvements shall be constructed by methods and practices that minimize flood damage.

e. Service Facilities - Electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

f. Water Supply Systems - New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;

g. Sanitary Sewerage Systems - New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters;

h. On-site Waste Disposal Systems - On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.

i. New Construction Requirements - Any alteration, repair, reconstruction or improvements to a building which is in compliance with the provisions of this Ordinance, shall meet the requirements of "new construction" as contained in this Chapter; and,

j. Construction not in Compliance - Any alteration, repair, reconstruction or improvements to a building that is not in compliance with the provision of this Ordinance shall be undertaken only if said non-conformity is not extended.

2. Specific Standards - These provisions shall apply to all areas of special flood hazard as provided herein:

a. Residential Construction - where base flood elevation data is available, new construction or substantial improvement of any residential building (or manufactured home) shall have the lowest floor, including basement elevated no lower than twelve (12) inches above the base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of flood waters shall be provided in accordance with standards of Section 3.

Within unnumbered a zones, where base flood elevations have not been established and where alternative data is not available, the city engineer shall require the lowest floor of a building to be elevated or flood proofed to a level of at least three (3) feet above the highest adjacent grade (lowest floor and highest adjacent grade being defined in section 2 of this ordinance). All applicable data including elevations or flood proofing certifications shall be recorded as set forth in section b.3.

b. Non-Residential Construction. New construction or substantial improvement of any commercial, industrial, or non-residential building, when bfe data is available, shall have the lowest floor, including basement, elevated or flood proofed no lower than one (1) foot above the level of the base flood elevation.

Within unnumbered a zones, where base flood elevations have not been established and where alternative data is not available, the city engineer shall require the lowest floor of a building to be elevated or flood proofed to a level of at least three (3) feet above the highest adjacent grade (lowest floor and highest adjacent grade being defined in section 2 of this ordinance). All applicable data including elevations or flood proofing certifications shall be recorded as set forth in Section 3.b.

Buildings located in all a-zones may be flood-proofed, in lieu of being elevated, provided that all areas of the building below the required elevation are watertight, with walls substantially impermeable to the passage of water, and are built with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. A registered professional engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions above, and shall provide such certification to the city engineer as set forth in Section 3.b. of this article.

c. Elevated Buildings - New construction or substantial improvements of elevated buildings that include fully enclosed areas formed by foundation and other exterior walls below the base flood elevation, shall be designed to preclude finished living space and designed to allow for the entry and exit of flood waters to automatically equalize hydrostatic flood forces on exterior walls.

(1) Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following minimum criteria:

(a) Provide a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding.

(b) The bottom of all openings shall be no higher than one foot above grade; and

(c) Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions.

(2) Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator); and

(3) The interior portion of such enclosed area shall not be partitioned or finished into separate rooms in such a way as to impede the movement of floodwaters and all such petitions shall comply with the provisions of Section 3 of this Ordinance.

d. Standards For Manufactured Homes And Recreational Vehicles

(1) All manufactured homes placed, or substantially improved, on individual lots or parcels, in expansions of existing manufactured home parks or subdivisions, or in substantially improved manufactured home parks or subdivisions, must meet all the requirements of new construction, including elevations and anchoring.

(2) All manufactured homes placed or substantially improved in an existing manufactured home park or subdivision must be elevated so that either:

(a) The lowest floor of the manufactured home is elevated no lower than 12 (twelve) inches above the level of the base flood elevation on a permanent foundation or;

(b) Absent base flood elevations the manufactured home chassis is elevated and supported by reinforced piers or other foundation elements) at least three (3) feet in height above the highest adjacent grade.

(3) In or outside of an existing or new manufactured home park or subdivision, or in an expansion of an existing manufactured home park or subdivision, on which a manufactured home has incurred "substantial damage" as the result of a flood, any manufactured home placed or substantially improved must meet the standards of Section 3.

(4) All manufactured homes must be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

(5) All recreational vehicles placed on identified flood hazard sites must either:

(a) Be on the site for fewer than 180 consecutive days;

(b) Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is licensed, on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached structures or additions.

(c) The recreational vehicle must meet all the requirements for new construction, including the anchoring and elevation requirements of this section above if on the site for longer than 180 consecutive days.

(d). Absent base flood elevations the manufactured home chassis is elevated and supported by reinforced piers (or other foundation elements) at least three (3) feet in height above the highest adjacent grade.

3. Standards For Areas Of Special Flood Hazard Zones AE With Established Base Flood Elevation But Without Floodways Designated -
Located within the areas of special flood hazard established in Section 3, where streams exist with base flood data provided but where no floodways have been provided, (Zone AE) the following provisions apply:

a. Certification for Encroachments - No encroachments, including fill material, new structures or substantial improvements shall be located within areas of special flood hazard, unless certification by a registered professional engineer is provided demonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one (1) foot at any point within the community. The engineering certification should be supported by technical data that conforms to standard hydraulic engineering principles.

b. Elevating or Flood-proofing - New construction or substantial improvements of buildings shall be elevated or flood-proofed to elevations established in accordance with Section 3.

4. Standards for Areas of Shallow Flooding (AO And AH Zones) - Located within the areas of special flood hazard established in Section 3 are areas designated as shallow flooding areas. These areas have special flood hazards associated with base flood depths of one to three feet (l' - 3') where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate; therefore, the following provisions apply:

a. All new construction and substantial improvements of residential buildings and non-residential buildings shall have the lowest floor, including basement, elevated to at least one (1’) foot above the flood depth number specified on the Flood Insurance Rate Map, in feet, above the highest adjacent grade. If no flood depth number is specified, the lowest floor, including basement, shall be elevated, at least three (3) feet above the highest adjacent grade. Openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with standards of section 3 and “elevated buildings".

b. All new construction and substantial improvements of nonresidential buildings may be flood-proofed in lieu of elevation. the structure together with attendant utility and sanitary facilities must be flood proofed and designed water tight to be completely flood proofed to at least one (1’) foot above the specified firm flood level with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.

(1) If no depth number is specified, the lowest floor, including basement, shall be flood proofed to at least three (3) feet above the highest adjacent grade. A registered professional engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of this ordinance and shall provide such certification to the city engineer as set forth above and as required in section 3.

(2) Adequate drainage paths shall be provided around slopes to guide floodwaters around and away from proposed structures.

(3) The administrator shall certify the elevation or the highest adjacent grade, where applicable, and the record shall become a permanent part of the permit file.

c. Drainage Paths - Adequate drainage paths shall be provided around slopes to guide floodwaters around and away from proposed structures.

5. Standards for Areas Protected by Flood Protection System (A-99 Zones) -
Located within the areas of special flood hazard established in Section 3.B are areas of the 100-year floodplain protected by a flood protection system but where base flood elevations and flood hazard factors have not been determined. Within these areas (A-99 Zones), all provisions of Sections 3 shall apply.

6. Standards for Areas of Special Flood Hazard with Established Base Flood Elevation and With Floodways Designated - Located within the areas of special flood hazard established in Section 3 are areas designated as floodways. A floodway may be an extremely hazardous area due to the velocity of floodwaters, debris or erosion potential. In addition, the area must remain free of encroachment in order to allow for discharge of the base flood without increased flood heights and velocities. Therefore the following provisions shall apply:

a. Encroachments are prohibited, including earthen fill material, new construction, substantial improvements or other developments within the regulatory floodway. Development may be permitted however, provided it is demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practices that the cumulative effect of the proposed encroachments or new development, when combined with all other existing and anticipated development, shall not result in any increase the water surface elevation of the base flood level, velocities or floodway widths during the occurrence of a base flood discharge at any point within the community. A registered professional engineer must provide supporting technical data and certification thereof.

b. New construction or substantial improvement of buildings shall comply with all applicable flood hazard reduction provision of section 3.

6.Standards for Areas Of Special Flood Hazard With Established Base Flood Elevations But Without Floodways Designated (AE Zones)- Located within the City of Lakeland established in Section 3 where streams exist with base flood data provided but where no floodways have been designated (Zones AE) the following provisions apply

a. No encroachments, including fill material, new structures or substantial improvements shall be located within areas of special flood hazard, unless certification by a registered professional engineer is provided demonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one (1) foot an any point within the community. The engineering certification should be supported by technical data that conforms to standard hydraulic engineering principles

b. New construction or substantial improvements of buildings shall be elevated or flood-proofed to elevations established in accordance with Section 3.

8. Standards For Streams Without Established Base Flood Elevations Or Floodways (A Zones)

Located within the areas of special flood hazard established in article iii, where streams exist, but no base flood data has been provided (A Zones), or where a floodway has not been delineated, the following provisions shall apply:

a. When base flood elevation data or floodway data have not been provided in accordance with section 3, then the city engineer shall obtain, review and reasonably utilize any scientific or historic base flood elevation and floodway data available from a federal, state or other source, in order to administer the provisions of section 3. Only if data is not available from these sources, then the following provisions (b & c) shall apply:

b. No encroachments, including structures or fill material, shall be located within an area equal to the width of the stream or twenty feet, whichever is greater, measured from the top of the stream bank, unless certification by registered professional engineer is provided demonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one (1) foot at any point within the community. The engineering certification should be supported by technical data that conforms to standard hydraulic engineering principles.

c. In special flood hazard areas without base flood elevation data, new construction or substantial improvements of existing shall have the lowest floor of the lowest enclosed area (including basement) elevated no less than three (3) feet above the highest adjacent grade at the building site. Openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with the standards of Section 3 and “elevated buildings".

9. Standards for Subdivision - Subdivisions and other proposed new developments, including manufactured home parks or subdivisions, shall be reviewed to determine whether such proposals will be reasonably safe from flooding. All subdivision proposals shall be consistent with the need to minimize flood damage. If a subdivision proposal or other proposed new development is in a flood-prone area, any such proposals shall be reviewed to ensure that:

a. Public Utilities and Facilities - All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage.

b. Drainage - All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards.

c. Base Flood Elevation Data - Base flood elevation data shall be provided for subdivision proposals and other proposed development (including manufactured home parks and subdivisions) which is greater than fifty lots and/or five acres.

d. Streets - The lowest point of all subdivision streets shall be no less than 12 inches above base flood elevations.

e. Design - Subdivision designs will include a routing of the 100 year storm through the development. Minimum finish floor elevations will be set by the developer’s engineer on critical lots to ensure 12 inches above the 100 year storm is maintained.

D. Variance Procedures - The provisions of this section shall apply exclusively to areas of special flood hazard.

1. Board of Appeals –

a. The City of Lakeland Board of Appeals shall hear and decide appeals and requests for variances from the requirements of this Chapter.

b. Variances may be issued for the repair or rehabilitation of historic structures (see definition) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum to preserve the historic character and design of the structure.

c. In passing upon such applications, the Board of Appeals shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this Ordinance, and:

(1) The danger that material may be swept onto other property to the injury of others.

(2) The danger to life and property due to flooding or erosion;

(3) The susceptibility of the proposed facility and its contents to flood damage;

(4) The importance of the services provided by the proposed facility to the community.

(5) The necessity of the facility to a waterfront location, in the case of a functionally dependent facility;

(6) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use.

(7) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area.

(8) The safety of access to the property in times of flood for ordinary and emergency vehicles;

(9) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site, and;

(10) The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.

d. Upon consideration of the factors listed above, and the purposes of this Ordinance, the Board of Appeals may attach such conditions to the granting of variances, as it deems necessary to effectuate the purposes of this Ordinance.

e. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

2. Conditions For Variances -
a. Minimum Relief Necessary - Variances shall be issued upon a determination that the variance is the minimum relief necessary, considering the flood hazard; and in the instance of a historical building, a determination that the variance is the minimum relief necessary so as not to destroy the historic character and design of the building.

b. Justification of Need - Variances shall only be issued upon (1) a showing of good and sufficient cause, (2) a determination that failure to grant the variance would result in exceptional hardship; and (3) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or Ordinances.

c. Written Notice - Any applicant to whom a variance is granted shall be given written notice that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance, and that such construction below the base flood level increases risks to life and property.

d. Record Keeping and Reporting - The City Engineer shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request.

Section 3. This Ordinance shall take effect fifteen (15) days after its final passage and publication, the public welfare requiring it.

First Reading: December 06, 2007.
Public Hearing: January 03, 2008.
Final Reading: January 10, 2008.

Scott Carmichael, Mayor

ATTEST:

Sontidra Franklin, CMC
City Recorder

2007-11-06T14:46:00.000-08:00

ORDINANCE 07-111
AN ORDINANCE TO AMEND CERTAIN PROVISIONS OF ARTICLE IX, SECTION 3 AND ARTICLE II, SECTION 2 OF THE ZONING ORDINANCE TO PROVIDE REGULATIONS REGARDING DECKS AND PATIOS;
PROVIDING AN EFFECTIVE DATE

Whereas, the City of Lakeland Zoning Ordinance does not provide separate standards for decks and patios; and,

Whereas, the City has interpreted decks to be accessory structures and regulated them based on standards found in the Zoning Ordinance for accessory structures; and,

Whereas, the Board of Appeals made a recommendation that the City adopt standards specifically for decks and patios; and,

Whereas, the Municipal Planning Commission reviewed the proposed standards at its meeting on September 17, 2007.

Now, therefore, be it ordained by the board of commissioners of the city of Lakeland Tennessee that:

Section 1. The City of Lakeland Zoning Ordinance, Article IX, Section 3, and Article II, Section 2 is hereby amended, as more fully described and illustrated in Exhibit “A” attached hereto.

Section 2. The provisions of this Ordinance are severable. If any provision of this Ordinance or the application thereof to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision or application.

Section 3. This Ordinance shall take effect fifteen (15) days after its final passage and publication, the public welfare requiring it.

First Reading: October 04, 2007.
Public Hearing: October 22, 2007.
Final Reading: November 01, 2007.

Scott Carmichael, Mayor

ATTEST:

Sontidra Franklin, City Recorder

Exhibit “A”
The following text shall be added to the sections identified:
Article II, Section 2
Definitions
DECK -- A raised horizontal structure without roof or walls attached to a principle structure and more than four (4) inches above finished grade at any point. Similar structures not attached to a principle building shall be considered an accessory structure and shall comply with standards for accessory structures.
PATIO -- A horizontal structure supported by the ground at finished grade (less than 4 inches above finished grade at any point), used for other than vehicular purposes, constructed of masonry, stone, brick, block or other such non-flammable material.
Article IX, Section 3
9. Decks
a. Patios are permitted in the side and rear yard but shall be set back at least five (5) feet from the rear property line and at least three (3) feet from side property lines.

b. All decks shall comply with the required rear yard building setback for the Zoning District in which it is located, with the following exceptions:
1. Lots that consist of less than 8,000 square feet in area AND have a rear yard directly adjacent to a permanent, non-developable open space (common open space, conservation easement, etc.) shall be regulated as follows:
a. Decks with a maximum height of thirty (30) inches at any point shall be permitted in the side and rear yard but shall be set back at least five (5) feet from the rear property line and shall comply with the side yard setback requirement for principal buildings.

b. Decks having a maximum height of forty-eight (48) inches at any point shall comply with the setback requirements for accessory structures.
c. Decks over forty-eight (48) inches in height at any point shall comply with the setback requirements for principal buildings.
d. A deck shall not cover more than 30% of the yard in which it is located. For example, if the deck is located in the rear yard, it may not cover more than 30% of the rear yard, as measured from the rear of the principal structure to the rear property line between side property lines.

2. Lots that consist of less than 8,000 square feet but do NOT have a rear yard directly adjacent to permanent open space (interior lots), decks shall be regulated as an accessory structure and shall comply with the setback requirements for accessory structures.

2007-11-06T14:37:00.000-08:00

Ordinance 07-110
AN ORDINANCE TO DELETE SECTION 8, CHAPTER 2 OF THE LAKELAND MUNICIPAL CODE AND TO ENACT AN ORDINANCE ESTABLISHING A BEER BOARD AND PROCEDURES FOR BEER BOARD MEETINGS, ESTABLISHING PERMIT REQUIREMENTS AND A PRIVILEGE TAX FOR SELLING BEER, ESTABLISHING PROHIBITED CONDUCT BY PERMIT HOLDERS AND OTHERS ENGAGED IN SELLING BEER, AND ESTABLISHING PENALTIES FOR ENGAGING IN PROHIBITED CONDUCT.

WHEREAS, the City of Lakeland is empowered to regulate the consumption and sale of beer within the City of Lakeland; and

WHEREAS, the Tennessee Legislature has recently enacted the Responsible Vendor Act of 2006; and

WHEREAS, the City of Lakeland has determined that it is in the best interests of the public health, safety and welfare that Lakeland regulations regarding the consumption and sale of beer within the City of Lakeland be updated and clarified so as to be consistent and inclusive of the Responsible Vendor Act of 2006.

NOW, THEREFORE, BE IT RESOLVED AND ORDAINED by the Board of Commissioners of Lakeland, Tennessee, on the 01ST day of November, 2007, that the following ordinance be enacted:

SECTION
8-201. Beer Board established.
8-202. Meetings of the Beer Board.
8-203. Record of Beer Board proceedings to be kept.
8-204. Requirements for Beer Board quorum and action.
8-205. Powers and duties of the Beer Board.
8-206. “Beer” defined.
8-207. Permit required for engaging in beer business.
8-208. Privilege tax.
8-209. Beer permits shall be restrictive.
8-210. Reserved.
8-211. Interference with public health, safety, and morals prohibited.
8-212. Prohibited conduct or activities by beer permit holders, employees and persons
engaged in the sale of beer.
8-213. Revocation or suspension of beer permits.
8-214. Civil penalty in lieu of revocation or suspension.
8-215. Loss of clerk’s certification for sale to minor.
8-216. Violations.
8-217. Conflicting code provisions repealed.
8-218. Effective date.

8-201. Beer Board established. There is hereby established a Beer Board to be composed of the Board of Commissioners of the City of Lakeland, who shall serve for the term of their elected office. The Mayor of the City of Lakeland shall serve as the chairman.

8-202. Meetings of the Beer Board. All meetings of the Beer Board shall be open to the public. The board shall hold regular meetings at such times as it shall prescribe. When there is business to come before the Beer Board, a special meeting may be called by the Chairman provided at least twelve (12) hours written notice is given to each member. The Board may adjourn a meeting at any time to another time and place.

8-203. Record of Beer Board proceedings to be kept. The recorder shall make a record of the proceedings of all meetings of the Beer Board. The record shall be a public record and shall contain at least the following: The date of each meeting; names of the board members present and absent; names of the members introducing and seconding motions and resolutions, etc., before the board; a copy of each such motion or resolution presented; the vote of each member thereon; and the provisions of each beer permit issued by the board.

8-204. Requirements for Beer Board quorum and action. The attendance of at least a majority of the members of the Beer Board shall be required to constitute a quorum for the purpose of transacting business. Matters before the board shall be decided by a majority of the members present if a quorum is constituted.

8-205. Powers and duties of the Beer Board.[1] The Beer Board shall have the power and it is hereby directed to regulate the selling, storing for sale, distributing for sale, and manufacturing of beer within the City of Lakeland in accordance with the provisions of this chapter.

8-206. “Beer” defined. The term “beer” as used in this chapter shall mean and include all beers, ales, and other malt liquors having an alcoholic content of not more than five percent (5%) by weight; provided however, that no more than forty-nine percent (49%) of the overall alcoholic content of such beverage may be derived from the addition of flavors and other non-beverage ingredients containing alcohol.

8-207. Permit required for engaging in beer business.[2] It shall be unlawful for any person to sell, store for sale, distribute for sale, or manufacture beer without first making application to and obtaining a permit from the Beer Board. The application shall be made on such form as the board shall prescribe and/or furnish, and pursuant to Tennessee Code Annotated § 57-5-104(a), shall be accompanied by a nonrefundable application fee of two hundred and fifty dollars ($250.00). Said fee shall be in the form of a cashier’s check payable to the City of Lakeland. Each applicant must be a person of good moral character and he must certify that he has read and is familiar with the provisions of this chapter.

8-208. Privilege tax.[3] There is hereby imposed on the business of selling, distributing, storing or manufacturing beer an annual privilege tax of one hundred dollars ($100.00). Any person, firm, corporation, joint stock company, syndicate or association engaged in the sale, distribution, storage or manufacture of beer shall remit the tax each successive January 1 to the City of Lakeland, Tennessee. At the time a new permit is issued to any business subject to this tax, the permit holder shall be required to pay the privilege tax on a prorated basis for each month or portion thereof remaining until the next tax payment date.

8-209. Beer permits shall be restrictive. All beer permits shall be restrictive as to the type of beer business authorized under them. Separate permits shall be required for selling at retail, storing, distributing, and manufacturing. Beer permits for retail sale of beer may be further restricted so as to authorize sales only for off-premises consumption. A single permit may be issued for on-premise and off-premise consumption. It shall be unlawful for any beer permit holder to engage in any type or phase of the beer business not expressly authorized by his permit. It shall likewise be unlawful for him not to comply with any and all express restrictions or conditions in his permit.

8-210. Reserved.

8-211. Interference with public health, safety, and morals prohibited. No permit authorizing the sale of beer will be issued when such business would cause congestion of traffic or would interfere with schools, residences, churches, or other places of public gathering, or would otherwise interfere with the public health, safety, and morals. In no event will a permit be issued authorizing the manufacture or storage of beer, or the sale of beer within three hundred (300) feet of any school, residence, church or other place of public gathering. The distances shall be measured in a straight line from the nearest point on the property line upon which sits the building from which the beer will be manufactured, stored or sold to the nearest point on the property line of the school, residence, church or other place of public gathering.
No permit shall be suspended, revoked or denied on the basis of proximity of the establishment to a school, residence, church, or other place of public gathering if a valid permit had been issued to any business on that same location unless beer is not sold, distributed or manufactured at that location during any continuous six-month period.

8-212. Prohibited conduct or activities by beer permit holders, employees and persons engaged in the sale of beer. It shall be unlawful for any beer permit holder, employee or person engaged in the sale of beer to:
1. Employ any minor under 18 years of age in the sale, storage, distribution or manufacture of beer.
2. Make or allow the sale of beer between the hours of 12:00 Midnight and 6:00 A.M. on weekdays and between the hours of 12:00 Midnight Saturday and 12:00 noon on Sunday.
3. Allow any person under twenty-one (21) years of age to loiter in or about his place of business.
4. Make or allow any sale of beer to any intoxicated person or to any feeble-minded, insane, or otherwise mentally incapacitated person.
5. Allow drunk persons to loiter about his premises.
6. Serve, sell, or allow the consumption on his premises of any alcoholic beverage with an alcoholic content of more than five percent (5%) by weight.
7. Allow pool or billiard playing in the same room where beer is sold and/or consumed.
8. Fail to provide and maintain separate sanitary toilet facilities for men and women.
9. Allow dancing on his premesis.

8-213. Revocation or suspension of beer permits. The Beer Board shall have the power to revoke or suspend any beer permit issued under the provisions of this chapter when the holder thereof is guilty of making a false statement or misrepresentation in his application or of violating any of the provisions of this chapter. However, no beer permit shall be revoked or suspended until a public hearing is held by the Board after reasonable notice to all the known parties in interest. Revocation or suspension proceedings may be initiated by the City Manager or by any member of the Beer Board.
Pursuant to Tennessee Code Annotated § 57-5-608, the Beer Board shall not revoke or suspend the permit of a “responsible vendor” qualified under the requirements of Tennessee Code Annotated § 57-5-606 for a clerk’s illegal sale of beer to a minor if the clerk is properly certified and has attended annual meetings since the clerk’s original certification, unless the vendor’s status as a certified responsible vendor has been revoked by the alcoholic beverage commission. If the responsible vendor’s certification has been revoked, the vendor shall be punished by the Beer Board as if the vendor were not certified as a responsible vendor. “Clerk” means any person working in a capacity to sell beer directly to consumers for off-premises consumption. Under Tennessee Code Annotated § 57-5-608, the alcoholic beverage commission shall revoke a vendor’s status as a responsible vendor upon notification by the Beer Board that the board has made a final determination that the vendor has sold beer to a minor for the second time in a consecutive twelve-month period. The revocation shall be for three (3) years.

8-214. Civil penalty in lieu of revocation or suspension. (1) Definition. “Responsible vendor” means a person, corporation or other entity that has been issued a permit to sell beer for off-premises consumption and has received certification by the Tennessee Alcoholic Beverage Commission under the “Tennessee Responsible Vendor Act of 2006,” Tennessee Code Annotated § 57-5-601, et seq.
(2) Penalty, revocation or suspension. The Beer Board may, at the time it imposes a revocation or suspension, offer a permit holder that is not a responsible vendor the alternative of paying a civil penalty not to exceed two thousand five hundred dollars ($2,500.00) for each offense of making or permitting to be made any sales to minors, or a civil penalty not to exceed one thousand dollars ($1,000.00) for any other offense.
The Beer Board may impose on a responsible vendor a civil penalty not to exceed one thousand dollars ($1,000.00) for each offense of making or permitting to be made any sales to minors or for any other offense.
If a civil penalty is offered as an alternative to revocation or suspension, the holder shall have seven (7) days within which to pay the civil penalty before the revocation or suspension shall be imposed. If the civil penalty is paid within that time, the revocation or suspension shall be deemed withdrawn.
Payment of the civil penalty in lieu of revocation or suspension by a permit holder shall be an admission by the holder of the violation so charged and shall be paid to the exclusion of any other penalty that the city may impose.

8-215. Loss of clerk’s certification for sale to minor. If the Beer Board determines that a clerk of an off-premises beer permit holder certified under Tennessee Code Annotated § 57-5-606, sold beer to a minor, the Beer Board shall report the name of the clerk to the alcoholic beverage commission within fifteen (15) days of determination of the sale. The certification of the clerk shall be invalid, and the clerk may not reapply for a new certificate for a period of one (1) year from the date of the Beer Board’s determination.

8-216. Violations. Except as provided in §8-215, any violation of this chapter shall constitute a civil offense and shall, upon conviction, be punishable by a penalty under the general penalty provision of this code. Each day a violation shall be allowed to continue shall constitute a separate offense.

8-217. Conflicting code provisions repealed. Any provision(s) in the City of Lakeland code of ordinances in conflict with any provision in this ordinance is hereby deemed inoperative and repealed, specifically including, but not limited to Section 8, Chapter 2 of the City of Lakeland Municipal Code.

8-218. Effective date. This ordinance shall become effective immediately upon passage.

First Reading: October 04, 2007.
Public Hearing: October 22, 2007.
Final Reading: November 01, 2007.

Scott Carmichael, Mayor

ATTEST:

Sontidra Franklin, City Recorder

[1] State law reference Tennessee Code Annotated § 57-5-106.
[2] State law reference Tennessee Code Annotated § 57-5-103.
[3] State law reference Tennessee Code Annotated § 57-5-104(b).

2007-09-26T13:40:00.002-07:00

ORDINANCE 07-109
AN ORDINANCE TO AMEND CERTAIN PROVISIONS OF TITLE 14, CHAPTER 4 OF THE MUNICIPAL CODE, “SIGN REGULATIONS”; PROVIDING AN EFFECTIVE DATE

Whereas, a Sign Committee was formed to review the Sign Ordinance and recommend amendments; and,

Whereas, the Sign Committee hosted a “Business Roundtable” to solicit input from business owners regarding possible amendments to the Sign Ordinance; and,

Whereas, the Sign Committee hosted a “Citizens Forum” to solicit input from Lakeland residents regarding possible amendments to the Sign Ordinance; and,

Whereas, the Sign Committee, based on its review and input from business owners and residents, recommended that certain amendments be made including the height and area requirements for incidental signs, the number and duration of temporary sign permits, and the setback requirements for principal ground signs; and,

Whereas, the Design Review Commission evaluated the recommended amendments to the City of Lakeland Sign Ordinance at its meeting on March 13, 2007 and recommended approval.

Now, therefore, be it ordained by the board of commissioners of the city of Lakeland Tennessee that:

Section 1. The City of Lakeland Sign Ordinance is hereby amended, as more fully described and illustrated in Exhibit “A” attached hereto.

Section 2. The provisions of this Ordinance are severable. If any provision of this Ordinance or the application thereof to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision or application.

Section 3. This Ordinance shall take effect fifteen (15) days after its final passage and publication, the public welfare requiring it.

First Reading: July 05, 2007.
Public Hearing: July 23, 2007.
Final Reading: August 01, 2007.

Scott Carmichael, Mayor

ATTEST:

Sontidra Franklin, City Recorder

Exhibit “A”

In this document, all strikethrough text is to be removed and all underlined and bold text is to be added.

Incidental Signs

14-404.2 Incidental Sign

(7) Incidental signs shall be allowed provided that they contain no commercial message or logo and do not exceed one (1) two (2) square feet in area placed a minimum of ten (10) feet from the front property line, except that signs providing notice that cars parked illegally may be towed may comply with provisions of applicable state and federal law where such provisions may require that such notice be placed on larger sign placards. Incidental ground signs shall not exceed twenty-four (24) thirty-six (36) inches in height measured from finished grade.

14-404.3. Freestanding Sign Height, Maximum Sign Area and Minimum Setback Requirements

The freestanding sign height, maximum sign area, and minimum setback from street rights-of-way for each type of sign permitted by this Ordinance shall be as provided for in Table 2 below.

Table 2
Freestanding Sign Height, Maximum Sign Area,
and Minimum Setback from R.O.W.

Sign Type
Residential Districts
Commercial Districts
Industrial District
Planned Developments

Conditions
Incidental
24 36 /1 2 /10
24 36 /1 2 /10
24 36 /1 2 /10
24 36 /1 2 /10
7

99/99/99 = Freestanding sign height in inches/ maximum sign copy area in square feet/ minimum setback from edge of public street R.O.W. in feet

Monument Sign Setback

14-404.3 Freestanding Sign Height, Maximum Sign Area, and Minimum Setback Requirements

(12) Principal Ground Sign

Principal ground signs shall be allowed, provided that:

(c) Such signs shall be set back a minimum of 20 10 feet from the edge of the public street right-of-way;

14-404.3. Freestanding Sign Height, Maximum Sign Area and Minimum Setback Requirements

The freestanding sign height, maximum sign area, and minimum setback from street rights-of-way for each type of sign permitted by this Ordinance shall be as provided for in Table 2 below.

Table 2
Freestanding Sign Height, Maximum Sign Area,
and Minimum Setback from R.O.W.

Sign Type
Residential Districts
Commercial Districts
Industrial District
Planned Developments

Conditions
Principal Ground
72/32/20 10
72/32/20 10
72/32/20 10
72/32/20 10
12

99/99/99 = Freestanding sign height in inches/ maximum sign copy area in square feet/ minimum setback from edge of public street R.O.W. in feet

Temporary Signs

14-404.2 (17) Temporary Sign

Signs for temporary uses, special events or the opening of businesses, as expressly permitted under this Ordinance, provided that:

(c) Sign permits shall be limited to duration of 30 10 days or, for a temporary use, for the period of time stated on the temporary use permit;
(d) No more than one (1) three (3) temporary sign permits shall be issued within a 12-month period for the same business in the same location;

2007-09-26T13:40:00.001-07:00

ORDINANCE 07-108
AN ORDINANCE TO AMEND CERTAIN PROVISIONS REGARDING POLITICAL SIGNS IN TITLE 14, CHAPTER 4 OF THE MUNICIPAL CODE, “SIGN REGULATIONS”; PROVIDING AN EFFECTIVE DATE

Whereas, the Sign Ordinance requires that a $500 bond be made by a political candidate prior to erecting political signs within the City of Lakeland; and,

Whereas, the original purpose of the $500 bond was to ensure that candidates for political office and their representatives comply with the Sign Ordinance by providing a mechanism to recover costs incurred from City staff removing illegal signs left in place by a candidate after an election; and

Whereas, the Board of Commissioners has determined that compliance with the Sign Ordinance would be possible without the need for a $500 bond.

Now, therefore, be it ordained by the board of commissioners of the city of Lakeland Tennessee that:

Section 1. The City of Lakeland Sign Ordinance is hereby amended, as more fully described and illustrated in Exhibit “A” attached hereto.

Section 2. The provisions of this Ordinance are severable. If any provision of this Ordinance or the application thereof to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision or application.

Section 3. This Ordinance shall take effect immediately after its final passage, the public welfare requiring it.

First Reading: J July 05, 2007.
Public Hearing: July 23, 2007.
Final Reading: August 01, 2007.

Scott Carmichael, Mayor

ATTEST:

Sontidra Franklin, City Recorder

Exhibit “A”

In this document, all strikethrough text is to be removed and all underlined and bold text is to be added.

Municipal Code, 14-404.2. Conditions.
(11) Political Sign

Political signs shall be allowed, provided that:

(a) Such signs shall be limited to not more than one (1) per candidate or issue on any single occupied parcel except polling places on election day where signage may be placed in accordance with Election Commission guidelines for signage at polling places;

(b) Such signs shall be located on private property, with permission of the property owner;

(c) Such signs shall not be placed closer than fifteen (15) feet from the edge of pavement or five (5) feet behind a sidewalk, whichever is greater;

(d) Such signs shall not be erected or placed in such a manner that they interfere with, obstruct, or confuse or mislead vehicular or pedestrian traffic;

(e) No such sign shall be erected or displayed earlier than thirty (30) days before the election including Early Voting to which it relates, nor later than three (3) days following such election;

(f) Such signs shall not be located in the public right-of-way or on other public property or on any public utility pole or tree, except within specified proximity of polling places on election day, under the rules established by the Shelby County Board of Election;

(g) No signs will be allowed at polling places earlier than one (1) day before an election or early voting period and must be removed not later than one (1) day after said election or early voting period. For signs placed at polling places no permit or bond will be required, but requirements of all other sections of this Ordinance shall apply;

(h) Such signs shall not exceed five (5) square feet in area per side and 48 inches in height;

(i) Such signs erected or maintained not in accordance with the provisions of this subsection shall be the responsibility of the owner of the property upon which the sign is located, shall be deemed a public nuisance, and may be abated, without notice, by such property owner, the candidate, or person advocating the vote described in the sign, or the Building Official or his/her designee;

(j) Any candidate or political committee desiring to distribute, cause to be distributed, display, place, or erect any political sign shall file an application for a Political Sign Distributor’s Permit with the City of Lakeland upon forms furnished by the City, and provide such pertinent information as said application may require;

(k) The Political Sign Distributor’s Permit application shall include an agreement, which obligates the applicant to reimburse the City of Lakeland for costs associated with removal of signs specified in Section 14-404.2 (11) (a) through (h) of this Ordinance. Upon filing such application, the Building Official or his designee shall issue a Political Sign Distributor’s Permit to the applicant together with the issuance of a permit number.; and

(l) Any person desiring to post or erect any political sign including but not limited to signs advertising a political party or the candidacy of any individual for any nomination or office, shall, in addition to obtaining the Political Sign Distributor’s Permit required by Section 14-404.2 (11) (i) and (j) of this Ordinance, first deposit with the City of Lakeland a cash bond in the amount of five hundred dollars ($500.00), which bond shall be conditioned upon removal of each and every such sign within five (5) days after the announced results of the nomination, election, or referendum to which the sign pertains. If such removal is not made within the specified time, the bond shall be forfeited to the City of Lakeland, and may be used by the City to defray the cost of removing such signs.

(m) The City Manager may, at his discretion, establish a uniform policy whereby a specific portion of the bond is assessed per sign not removed within the specified time so that part but not necessarily all of the bond shall be forfeited, depending upon the number of signs per candidate City Staff is required to remove.

2007-09-26T13:38:00.000-07:00

ORDINANCE 07-107
AN ORDINANCE OF THE CITY OF LAKELAND REGULATING OWNERSHIP AND CONTROL OF VICIOUS DOGS

BE IT ORDAINED BY THE LAKELAND BOARD OF COMMISSIONERS AS FOLLOWS:

“Attached hereto Ownership and Control of Vicious Dogs”

First Reading: July 05, 2007.
Public Hearing: July 23, 2007.
Final Reading: August 01, 2007.

Scott Carmichael, Mayor

ATTEST:

Sontidra Franklin, City Recorder

2007-09-26T13:37:00.000-07:00

ORDINANCE 07-106
AN ORDINANCE OF THE CITY OF LAKELAND, TENNESSEE, ADOPTING A
BUDGET FOR FISCAL YEAR JULY 01, 2007 THROUGH JUNE 30, 2008.

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, 2007, 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, 2007 as follows:

A. REVENUE GENERAL FUND: $6,739,880

B. EXPENDITURES GENERAL FUND: $6,739,880

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 03, 2007.
Public Hearing: June 04, 2007.
Final Reading: June 14, 2007.

Scott Carmichael, Mayor

ATTEST:

Sontidra Franklin, City Recorder

2007-09-26T13:36:00.000-07:00

ORDINANCE 07-105
An Ordinance repealing ordinances 04-65 and 06-89 in their Entirety and substituting a revised comprehensive fee schedule and Providing an Effective Date

WHEREAS, the City of Lakeland adopted Ordinance 04-65 and 06-89 within which various fees assessed by the City of Lakeland are described; and

WHEREAS, the City of Lakeland has performed a cost recovery analysis and the fees are based on those findings.

WHEREAS, the City of Lakeland continuously seeks opportunities to improve the provision of governmental services and must therefore assess fees associated with providing such services; and

WHEREAS, the Board of Commissioners of the City of Lakeland determined a consolidated fee schedule would assist City staff in the implementation of fees for various services and facilitate the comprehensive review and updating of fees from time to time; and

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF LAKELAND, TENNESSEE THE FOLLOWING:

1. Ordinance 07-105 is hereby adopted and establishing the new fee sche
2. Ordinance 04-65 and 06-89 are hereby repealed in their entirety.

BE IT FURTHER ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF LAKELAND THAT:

This Ordinance shall take effect immediately upon its passage on second and final reading, the public welfare requiring it.

First Reading: May 03, 2007.
Public Hearing: June 04, 2007.
Final Reading: June 14, 2007.

__________________________________
Scott Carmichael, Mayor

ATTEST:

__________________________________
Sontidra Franklin, City Recorder

City of Lakeland User Fees

Parks and Recreation Fees:

Team Fees: Soccer $80.00
Basketball $80.00
Cheerleading (uniform not included) $75.00
Tee-Ball $80.00

Camp Fee: Day Camp Fee per week $100.00
Day Camp Fee per week $400.00

Pavilion: Rental $ 50.00
Clean-up deposit (refundable) $100.00
____________________________________________________________________________

Other Fees: (City of Lakeland residents pay, but are not collected by the City)

Solid Waste Fee: Per Resident $16.15 per month

Sewer Fees:
Residential $0.717 per CCF, $12.00 minimum up to $30.00 maximum
Commercial $1.00 per CCF, $45.00 minimum up to $1000.00 maximum

CITY OF LAKELAND FEE SCHEDULE

* Double Permit Fee for Construction Begun Prior to Permit Issued

Copies: Per page $0.25
Oversized copies per page 2.00

Research: 25.00 per hour

Manuals:
Charter 5.00
Municipal Code 75.00
Zoning Ordinance 50.00
Subdivision Regulations 50.00
Comprehensive Plan 50.00
Zoning Ordinance, Subdivision Regs & Comprehensive Plan (CD) 10.00
Erosion & Sediment Control Handbook 30.00
Design Review Commission Manual 30.00
S.O.B Ordinance 10.00
Tree Ordinance 10.00
Sign Ordinance 10.00
Fence Ordinance 10.00
Mobile Home Park Ordinance 10.00
Substandard Property Removal 3.00
Planning Commission By-laws 5.00
Board of Appeals By-laws 5.00
Park & Recreation By-laws 5.00

___________________________________________________________________________

Maps: Color Black/White
Base $15.00
Street 15.00
Zoning 15.00 $ 5.00
Land Use Plan 15.00 5.00
Major Road Plan 15.00 5.00
____________________________________________________________________________

Custom Maps:
8.5” x 11” $15.00 (minimum)
11” x 17” 25.00 (minimum)
24” x 36” 75.00 (minimum)
36” x 50” 100.00 (minimum)
____________________________________________________________________________

Digital Data: $100.00 (minimum)
____________________________________________________________________________

Cell Tower Fees:
Connection Privilege $2,000.00 per user ____________________________________________________________________________
Permits:
Building Permits:
All construction: (new homes and additions)

900,000 and up 1,250.00
800,000 to 899,999 1150.00
700,000 to 799,999 1,050.00
600,000 to 699,999 950.00
500,000 to 599,999 850.00
400,000 to 499,999 750.00
350,000 to 399,999 700.00
300,000 to 349,999 650.00
250,000 to 299,999 600.00
200,000 to 249,999 550.00
150,000 to 199,999 500.00
100,000 to 149,999 450.00
80,000 to 99,999 300.00
60,000 to 79,999 250.00
40,000 to 59,999 200.00
20,000 to 39,999 150.00
5,000 to 19,999 100.00
4,999 or less 50.00

Commercial:
$500,000 and up $1,660.00 first $500,000 plus $2.00 each additional $1,000 or fraction
thereof

$100,000 to $500,000 $460.00 first $100,000 plus
$3.00 each additional $1,000 or fraction thereof, to and including $500,000

$50,000 to $100,000 $260.00 first $50,000 plus
$4.00 each additional $1000 or fraction thereof, to and including $100,000

Up to $50,000 $15.00 first $1000 plus
$5.00 each additional $1000 or fraction thereof, to and including $50,000

Accessory Uses (deck, gazebo, shed (up to 300 sq.ft.)) $ 50.00
Detached Garage 150.00
Pool House 150.00
TN One Call (Lakeland Locate Fee) 50.00
Certificate of Occupancy 50.00
Misc. Permits:
Ponds/Lakes $ 50.00
Fences/Walls 30.00
Model Home 500.00 each unit
Model Home 6 month permit extension 300.00 each unit
Moving (building or structure) 100.00
Demolition (building or structure)
0 up to 10,000 cu. ft. 100.00
10,000 cu. ft. and over 100.00 plus
$ 10.00 Per 1000 cu. ft.
____________________________________________________________________________

DRC Review:
Less than one (1) acre $200.00
One (1) – two (2) acres 300.00
More than 2 acres 400.00 plus $20.00 per acre
Application and review for sign/fence 100.00 per sign/fence

________________________________________________________________________

Sign Permits:
Wall mounted $100.00
Wall mounted annual renewal 25.00
Ground mounted 150.00
Ground mounted annual renewal 25.00
High rise (pole) 300.00
High rise (pole) annual renewal 50.00
Temporary Permits 30.00
Political Sign (refundable) 500.00

____________________________________________________________________________

Land Disturbing Permits:
Residential:

Less than one (1) acre $ 100.00
One (1) to five (5) acres 100.00 plus $100.00 per acre or fraction
Over five (5) acres 1,500.00 plus $150.00 per acre or fraction
Non-Residential:
Five (5) acres or less $1,500.00
Over five (5) acres 1,500.00 plus $150.00 per acre or fraction

____________________________________________________________________________

Application, Inspection and Other Fees:

Zoning Map Amendment Application: $500.00 plus $100.00 per acre or fraction up to $5,000.00 maximum
Board of Zoning Appeals:
Residential:
Variance $200.00
Special Use 200.00
Appeal 200.00
Non-residential:
Variance $300.00
Special Use 300.00
Appeal 200.00
____________________________________________________________________________

Submission Fees:
Non-residential:
Master or Preliminary Subdivision Plat $500.00 plus $10.00 per lot
Construction Plans 500.00 plus $50.00 per lot
Final Subdivision Plat 500.00 plus $10.00 per lot
GIS 10.00 per lot

Preliminary Site Plan
0 – five (5) acres $500.00
Six (6) – ten (10) acres 750.00
Over ten (10) acres 1,000.00
Construction Plans 500.00

Final Site Plan
0 – five (5) acres 500.00
Six (6) – ten (10) acres 750.00
Over ten (10) acres 1,000.00

GIS 5.00 per lot

Residential:
Master or Preliminary Subdivision Plat 500.00 plus $10.00 per lot
Construction Plans 500.00 plus $50.00 per lot
Final Subdivision Plat 500.00 plus $10.00 per lot
GIS 5.00 per lot

Inspection fees:
Construction of Subdivision (minor or major) $500.00 plus $300.00 per lot
Re-inspection Fee 50.00
Inspection of existing driveway/curb-cut 50.00

Construction Deposits: (refundable)
Lot Clean-up & Erosion Control $500.00

Administration Fees: $100.00 per lot

Warning Siren Fees: $ 50.00 per lot

Planned Developments:
Preliminary Detailed Development Plan $1,000.00 plus $10.00 per lot
Secondary Detailed Development Plan 500.00 plus $10.00 per lot
Construction Plans 700.00 plus $50.00 per lot
Final Detailed Development Plan 1,000.00 plus $10.00 per lot
Amendment to approved PD Master Plan/Outline Plan 2,000.00
GIS 5.00 per lot

Re-recording $50.00 plus cost
Re-notification $50.00 plus cost

Development fees for road improvements:
Canada Road between U.S. Highway 64 and I-40 $46.50 per lineal foot ___________________________________________________________________________

Engineering Review Fees:
Exclusive of inspection fees $300.00 per lot
____________________________________________________________________________

Natural Resources Inventory and Analysis Fees: $25.00 per acre
____________________________________________________________________________
Drainage Control Fees:
With Detention $ 500.00 per lot
Without Detention 1,000.00 per lot
____________________________________________________________________________
Parkland Review/Development Fees:
Review:
Less than one (1) acre $200.00
One (1) – two (2) acres 300.00
More than two (2) acres 400.00 plus $20.00 per acre
Residential Development Fee:
Parkland Dedication Formula: D = L x A x P x M
D = Required parkland dedication in acres
L = Number of lots/dwellings proposed
A = Average family size for the City (2.94)
P = Parkland ratio of .0100
M = Density multiplier from Table 2 (S/Dreg)
* Must comply with the City of Lakeland Zoning Ordinance

Parkland Improvement $100.00 per lot
____________________________________________________________________________
Street Lights Fees:
Not Developer installed 100% of cost
____________________________________________________________________________
Road Cut Fees:
Road Cut $ .50 per square ft.
Road Bore .50 per lineal ft.
100.00 minimum 500.00 maximum
* Special arrangements may be considered for public utilities.
Curb cut/driveway access inspection $ 50.00
City of Lakeland Sewer Fees

RESIDENTIAL FEES:
Development:
Development (per lot) $ 1,000.00
Lot Tap Fee (per lot) $ 1,000.00
Sewer Pump Fee $25,000.00 per lift station
Sewer Pump Maintenance Fee $85,000.00
Sewer Air Release Valve Fee $ 5,000.00
Sewer Plant Expansion (per lot) $ 300.00
Sewage Treatment Fee (per lot) $ 300.00
Sewage Transport Fee (per lot) $ 500.00
Construction:
Connection Privilege $ 500.00
Renewal or Replacement $ 500.00
Preexisting Home:
Connection Privilege $ 1,000.00

COMMERCIAL FEES:
Development:
Per acre $ 2,000.00
Plus each additional 0.25 acre or portion thereof $ 500.00
Individual Tap:
Mobile Homes (per dwelling) $ 2,000.00
Apartments (per dwelling) $ 2,000.00
Other attached housing (per dwelling) $ 2,000.00
Hotels/Motels (per sleeping unit) $ 2,000.00
Restaurants
Kitchen $ 2,000.00
Restrooms (per fixture)1 $ 50.00
Assemblies (per fixture) $ 50.00
Banquet/Club Facilities $ 2,000.00
Restrooms (per fixture)1 $ 75.00
Other retail use (first non-restaurant business) $ 250.00
Additional businesses within same complex $ 100.00
Office Buildings (per fixture) $ 50.00
Distribution/Showroom (per fixture) $ 50.00
City of Lakeland Sewer Fees

Sewer Pump Fee $ 25,000.00 per lift station
Sewer Pump Maintenance Fee $ 85,000.00 per lift station
Sewer Air Release Valve Fee $ 5,000.00
Sewer Plant Expansion (per lot) $ 300.00
Sewage Treatment Fee (per lot) $ 300.00
Sewage Transport Fee (per lot) $ 500.00

Construction:
Connection Privilege:
Per Individual tap unit2 $ 50.00
Renewal/Replacement:
Per Individual tap unit2 $ 100.00

____________________________________________________________________________
1 Definition of fixture includes anything with a drain connected to the system; for the purpose of fee calculations floor drains are fixtures.
2 Tap unit shall mean sleeping room or other single tenant space.
CITY OF LAKELAND TREE REMOVAL/DISTURBANCE FEES

TREE REMOVAL:
Development: $100.00 per acre or fraction up to $10,000.00 maximum

Common Open Space: $30.00 per acre or fraction
(after development, Homeowners Assoc) up to $200.00 maximum

Builder/Owner/Occupied Residential Lots: < 1 acre $30.00 plus $10.00 per tree
≥ 1 acre $30.00 per acre or fraction plus $10.00 per tree up to $100.00 maximum

TREE DISTURBANCE:

Trenching, transplanting, etc. $10.00 per tree

2007-09-26T13:35:00.001-07:00

ORDINANCE 07-104
AN ORDINANCE TO AMEND ORDINANCE 06-89 OF THE COMPREHENSIVE FEE SCHEDULE WHICH IS INCORPORATED IN THE LAKELAND CITY CODE; AND PROVIDING AN EFFECTIVE DATE

Whereas, the City of Lakeland adopted Ordinance 06-89 within which various fees accessed by the City of Lakeland as described; and

Whereas, the growth pattern that has occurred in the City of Lakeland has warranted the lift station maintenance for future developments located in certain areas of the City; and

Whereas, the Board of Commissioners of the City of Lakeland determined a consolidated fee schedule would assist City Staff in the implementation of fees for various services and facilitate the comprehensive review and updating of fees from time to time; and

Now, Therefore Be It Ordained By the board of commissioners of the city of Lakeland, Tennessee the following:

1. The City of Lakeland Comprehensive Fee Schedule, Ordinance 06-89 is hereby amended, as described in Exhibit “A” attached hereto.

Be It Further Ordained by the Board of Commissioners of the City of Lakeland, Tennessee that:

This Ordinance shall take effect immediately upon its passage on second and final reading, the public welfare requiring it.

First Reading: January 04, 2007.
Public Hearing: January 22, 2007.
Final Reading: February 01, 2007.

Scott Carmichael, Mayor

ATTEST:

Sontidra Franklin, City Recorder

2007-09-26T13:33:00.000-07:00

ORDINANCE 07-103
AN ORDINANCE TO AMENDING THE ZONING ORDINANCE, ARTICLE III,
SECTION 5.N – OPEN SPACE

WHEREAS, the Municipal Planning Commission evaluated amendments to City of Lakeland Zoning Ordinance regarding open space provisions, at a meeting on February 20, 2007, and

WHEREAS, copies of the amendments in question are on file at City Hall, and

WHEREAS, the following articles of the Zoning Ordinance were included and public notice was published prior to the Planning Commission’s recommendation to the Board of Commissioners: Article III, Establishment of Districts, Official Zoning Map, and General Provisions; and

WHEREAS, the Municipal Planning Commission recommended approval of the proposed amendments

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF LAKELAND, TENNESSEE THAT:

Section 1. The City of Lakeland Zoning Ordinance is hereby amended, as more fully described and illustrated in Exhibit “A” attached hereto.
Section 2. The provisions of this Ordinance are severable. If any provision of this Ordinance or the application thereof to any person or circumstance is held to be invalid by a
court of competent jurisdiction, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision or application.
Section 3. This Ordinance shall take effect fifteen (15) days after its final passage and publication, the public welfare requiring it.

First Reading: March 08, 2007.
Public Hearing: March 26, 2007.
Final Reading: April 05, 2007.

____________________________
Scott Carmichael, Mayor

ATTEST:

____________________________
Sontidra Franklin, City Recorder

ARTICLE III

ESTABLISHMENT OF DISTRICTS, OFFICIAL ZONING MAP AND GENERAL PROVISIONS

Section 1 - Classification of Districts

A. Establishment of Zoning Districts – In order to regulate and restrict the location and use of buildings and land for commerce, residences and other purposes and to regulate and restrict the height and size of yards, open spaces and the density of habitation, the City of Lakeland is hereby divided into zoning districts as set forth below:

AG Agricultural

E-R Estate Residential

R-R Rural Density Residential

R-1 Low Density Residential

R-2 Medium Density Residential

M-R Multiple Dwelling Residential

O-N Neighborhood Office

O-G General Office

C-1 Neighborhood Business

C-2 General Business

I-L Light Industrial District

FW Floodway District

B. Other Districts – Other Special Districts, Overlay Districts, and Supplementary District Regulations are included in Articles V through IX.

Section 2 - Boundaries of Districts

A. Official Zoning Map – The boundaries of districts are hereby established as shown on the map entitled, "Official Zoning Map of Lakeland, Tennessee," which is a part of this Ordinance and which is on file in the City Hall of the City of Lakeland.

B. Zoning District Boundaries – Unless otherwise indicated on the zoning map, the boundaries are lot lines, the centerlines of streets or alleys, railroad rights-of-way, or the corporate limit lines as they existed at the time of enactment of this Ordinance. The Board of Appeals shall determine questions concerning the exact location of district boundary lines.

C. District Boundaries Dividing a Lot – Where a district boundary divides a lot, as existing at the time that this Ordinance takes effect, and the major portion of said lot is in the less restrictive district, the regulations relative to that district may extend as well to such portion of said lot which is not more than twenty (20) feet within the more restricted district.

SECTION 3 - OFFICIAL ZONING MAP

A. Identification of Official Zoning Map – The Official Zoning Map shall be identified by the signature of the Mayor and the Chairman and Secretary of the Planning Commission. It shall be attested by the City Recorder and bear the seal of the City under the following words: "This is to certify that this is the Official Zoning Map referred to in Article II of Ordinance ______ of the City of Lakeland, Tennessee," together with the date of the adoption of this Ordinance.

B. Changes to District Boundaries – If, in accordance with the provisions of this Ordinance and T.C.A. Section 13-701 et seq., changes are made in district boundaries or other matter portrayed on the Official Zoning Map, such changes shall be entered on the Official Zoning Map promptly after the amendment has been approved by the Board of Commissioners with an entry indicating the date of change and a brief description of the change. Such entry shall be signed by the Mayor and the Chairman and Secretary of the Planning Commission and attested by the City Recorder. No amendment to the Ordinance that involves a matter portrayed on the Official Zoning Map shall become effective until after such changes and entries have been made on the map.

C. Changes to Official Zoning Map – No changes of any nature shall be made in the Official Zoning Map or any matter shown thereon except in conformity with the procedures set forth in this Ordinance. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this Ordinance and punishable as provided under Article XI. Regardless of the existence of purported copies of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map, which shall be located in the office of the City Recorder, shall be the final authority as to the current zoning status of land and water areas, buildings, and other structures in the City.
SECTION 4 - REPLACEMENT OF OFFICIAL ZONING MAP

A. Resolution to Adopt New Zoning Map – In the event that the Official Zoning Map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the Board of Commissioners may by Resolution adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map. The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map, but no such correction shall have the effect of amending the original Official Zoning Map or any subsequent amendment thereof.

B. Identification of New Zoning Map – The new Official Zoning Map shall be identified by the signature of the Mayor and the Chairman and Secretary of the Planning Commission. It shall be attested by the City Recorder and bear the seal of the City under the following words: "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted on ________by Ordinance______________________ of the City of Lakeland, Tennessee." Unless the prior Official Zoning Map has been lost, or has been totally destroyed, the prior map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment.

SECTION 5 - GENERAL PROVISIONS

A. Zoning Affects Every Building and Use - No building or land shall hereafter be used and no building or part thereof shall be erected, moved or altered unless for a use expressly permitted by and in conformity with the regulations herein specified for the district in which it is located, except as hereinafter provided.

B. Required Yard Cannot Be Used By Another Building - No part of a yard or open space required by this Ordinance shall be included as a part of a yard or other open space required in this Ordinance for another building.

C. Minimum Lot Frontage - No dwelling shall be erected on a lot which does not abut a public street or permanent access easement for at least thirty-five (35) feet.

D. Reduction in Lot Area Prohibited - No lot, even though it may consist of one or more adjacent lots of record, shall be reduced in area so that yards, minimum lot size, lot width, building area, or other requirements of this Ordinance are not maintained. This section shall not apply when a portion of a lot is required for a public purpose.

E. Rear Yard Abutting a Public Street - When a rear yard abuts a public street, all structures built in that rear yard shall observe the same setback from the street line, centerline of the street or property line as required for adjacent properties which front on that street. In addition, any structure located within twenty-five (25) feet of that setback line shall be no closer to any side property line than the distance required for side yards on adjoining properties fronting on that street.

F. Lot of Record - Where the owner of a lot of record at the time of the adoption of this Ordinance does not own sufficient land to enable him/her to conform to the yard or other requirements of this Ordinance, an application may be submitted to the Board of Appeals for a variance from the terms of this Ordinance. Permission to use such a lot as a building site may be granted if, in the judgement of the Board of Appeals, the yards and other requirements of the district have been followed as closely as possible. Where two or more substandard lots of record with continuous frontage are under the same ownership, such lots shall be combined to form one or more building sites meeting the minimum requirements of the district in which they are located. However, any lot legally created in a Subdivision Plat or Planned Residential Development Plat which is recorded in a Plat Book at the Shelby County Register’s Office shall continue to be a legal lot, and the yards and other requirements of the zoning district or the planned residential development approval shall continue to apply. Subsequent changes to the Ordinance shall not change the legal status of these lots or the yard and other requirements. Such lots shall be required to only meet the requirements of this Ordinance at the time the lots were created.

G. Continuance of Nonconforming Uses and Structures - It is the intent of this Ordinance to recognize that the reasonable elimination over time of the existing buildings and structures or uses that are not in conformity with the provisions of this Ordinance is as much a subject of health, safety, and welfare as is the prevention of the establishment of new uses that would violate the provisions of this Ordinance. It is also the intent of this Ordinance to administer the elimination of non conforming uses, buildings and structures so as to avoid an unreasonable invasion of established private property rights. Lawful non-conforming uses, buildings and structures existing at the time of the passage of this Ordinance or any amendment thereto shall be allowed to remain subject to the following provisions:

1. Changing the use of a nonconforming building - An existing nonconforming use of a building may be changed to a conforming use or to another nonconforming use of the same classification; provided, however, that establishment of another nonconforming use of the same classification shall be subject to the written approval of the Board of Appeals and subject to such conditions as the Board of Appeals may require in order to protect the area.

2. Alterations to nonconforming uses and structures - No existing nonconforming use or structure shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except as herein provided.

3. Expansion of nonconforming uses and structures - Nonconforming commercial, business, or industrial uses shall be allowed to expand operations and reconstruct facilities that involve an actual continuance and expansion of activities of the business which were permitted and being conducted prior to the change in zoning, provided that there is a reasonable amount of space for such expansion on the property owned by such business and that any construction, improvements or reconstruction shall be in conformance with the district requirements in which it is located.

4. Restrictions on additional land or buildings - A nonconforming use of land shall be restricted to the area occupied by such use as of the effective date of this Ordinance. A nonconforming use of a building or buildings shall not be enlarged to either additional land or buildings after the effective date of this Ordinance.

5. Discontinued nonconforming use or building - When a nonconforming use of any building, or land has ceased for a period of six (6) months, it shall not be re-established or changed to any other nonconforming use.

6. Damage to nonconforming use or building - Any nonconforming building or nonconforming use, which is damaged by fire, flood, wind or other act of God or man, may be reconstructed and used as before, if it occurs within twelve months of such damage, unless such damage is to the extent of more than fifty (50%) percent of the fair sales value immediately prior to the damage, in which case any repair or reconstruction shall be in conformity with the provisions of this Ordinance.

7. Structural alterations - A nonconforming building or a building housing a nonconforming use shall not be structurally altered except in conformance with the provisions of this Ordinance. This provision shall not be construed to prevent normal maintenance and repairs or alterations required for structural safety.

8. Nonconforming mobile home park - All additions or improvements to an existing nonconforming mobile home park shall be in conformance with these regulations.

H. Access Control - In order to promote the safety of the motorist and pedestrian and to minimize traffic congestion and conflict by reducing contact, the following regulations shall apply:

1. Plan Submission - In order to obtain access to a street, a workable plan relative to openings for ingress and egress, maneuvering, parking, and loading spaces shall be submitted in accordance with the Site Plan Review requirements in Section 2 of Article IV of this Ordinance.

2. Number Of Access Points - Lots with less than one hundred (100) feet in width shall have no more than one (1) point of access to any one (1) public street. For lots that are between one hundred (100) and three hundred (300) feet in width, there shall be no more than two (2) points of access to any one (1) public street. Lots in excess of three hundred (300) feet in width may have two (2) points of access to any one (1) public street for each three hundred (300) feet of frontage.

3. Distance of Intersections - All vehicular access points shall be located at least thirty (30) feet from the intersection of any right-of-way lines of street or a street and a railroad.

4. Width - A point of access, i.e., a driveway or other opening for vehicles onto a public street, shall not exceed twenty-five (25) feet in width for one-way (one (1) lane) ingress or egress and shall not exceed thirty-five (35) feet in width for two-way ingress and/or egress. Points of access up to fifty (50) feet in width for businesses engaged primarily in the servicing of automobile vehicles may be granted on a case by case basis.

5. Effect on Curbs, Drainage Ditches, and Sidewalks - No curbs shall be cut or altered or drainage ditches covered for the purpose of access without written approval by the Lakeland City Manager. Where sidewalks exist, the area between the street and an interior parking space or driveway parallel to the street shall have an effective barrier to prevent harm to pedestrians or sidewalk by encroachment of vehicles onto the sidewalk area.

6. Relation to State Highway Regulations - Access control of property abutting state or federal highways shall be governed by official regulations of the Tennessee Department of Transportation.

7. Variances - Causes requiring variances relative to this Section where the hardship is not caused by the property owner shall be heard and acted upon by the Board of Appeals.

I. Pedestrian Traffic - In all developments, due consideration shall be given to pedestrian traffic circulation. In developments adjacent to existing sidewalks, the extension of the sidewalks shall be required. In all new developments the Planning Commission shall evaluate the density of the development or the location of the development relative to existing and future commercial or residential developments to determine if there is a need for sidewalks in the area.

J. Waste Disposal Sites – Off-street refuse collection sites shall be required in all multi-family residential developments, office developments, commercial developments and industrial developments. A refuse collection site shall not be located within any required yard and shall be screened and maintained using a similar material from which the principal use was constructed. Each refuse collection receptacle shall be placed on a cement pad of sufficient size to accommodate the desired number of receptacles.

K. Placement of Manufactured Homes - Manufactured residential dwellings, as defined in Article II of this Ordinance, and as further defined in Tennessee Code Annotated, Section 13-24-201, where allowed as a permitted use by this Ordinance, shall meet the following conditions:

1. Appearance - The manufactured residential dwelling shall have the same general appearance as required for site-built homes.

2. Foundation - The unit must be installed on a permanent foundation system in compliance with all applicable requirements of the Southern Standard Building Code.

3. Exterior Materials - The home must be covered with an exterior material customarily used on conventional dwellings. The exterior covering material shall extend to the ground except that, when a solid concrete or masonry perimeter foundation is used and the exterior covering material need not extend below the top of the foundation. Suitable exterior materials include, but shall not be limited to; clapboard or simulated clapboards such as conventional or metal material but excluding smooth, ribbed or corrugated metal or plastic panels.

4. Towing Apparatus - The hitches or towing apparatus, axles and wheels must be removed.

5. Roof - The roof must be pitched so there is at least a two (2) inch vertical rise for each twelve (12) inches of horizontal run. The roof must consist of material that is customarily used for conventional dwellings including, but not limited to, approved wood, asphalt composition shingles or fiberglass.

6. Orientation on Lot - The unit must be oriented on the lot so that its long axis is parallel with the street.

7. Utilities - All such units shall be required to connect to a public utility system which includes electric, water and sewer in compliance with the Southern Standard Building Code and National Electrical Code.

L. Residential Support Centers - If the City of Lakeland Land Use Plan recommends the site for Residential Support Center uses, no one user on the site shall be permitted to exceed 75,000 square feet in gross floor area. No single tenant space shall be designed to accommodate a user larger than 75,000 square feet in gross floor area.

M. Streets, Pedestrian Facilities, Bike Facilities, and Street Trees - Street trees shall be required in all districts and all planned developments, except on or adjacent to an area along the side of a right-of way or private street that is intended to be left natural and undisturbed. Except, however, that the AG zoning district shall be exempt from the requirement for street trees if a residential subdivision in conformance with AG bulk standards of this ordinance is developed. Illustrative plates or sections and typical dimensions for the placement of any street, street tree, pedestrian facility, or bikeway facility proposed shall be provided with applicable development plans, or site plans.

N. Open Space - A minimum of twenty percent (20%) of the gross land area of any
development site shall consist of either common open space, or open space, as defined in
Article II of this ordinance, provided however, that conservation easements or
other similar perpetual open space easements may also be counted toward this
requirement, if deemed appropriate by the Planning Commission. This section of the
zoning ordinance shall not apply and would not be sufficient for the development of land
recommended for a Conservation Overlay area designation in the City of Lakeland Land Use Plan.

Generally, on-site passive and active recreational improvements may be permitted within the required minimum twenty percent (20%) open space area, if deemed appropriate and recommended by the Planning Commission. Required minimum drainage areas shall not be permitted to count toward the calculation of the minimum twenty percent (20%) open space area. Surplus drainage areas may be permitted to be counted toward the requirement.

If a conservation easement or other perpetual easement to conserve open space is recorded in favor of the City, the written acceptance of the conservation or other easement by the City shall be obtained prior to the recording of the easement. The developer shall record the necessary legal instrument to accomplish protection of the applicable open space prior to, or concurrent with, the recording of the final plat or final development plan. A condition stating the requirement for such an agreement to be created shall be placed in all rezoning, preliminary development plan and subsequent zoning and subdivision approvals, as well as the development contract.

Existing lots of record shall be exempt from the minimum 20% open space requirement.

Minor subdivisions in residential districts shall be exempt from the minimum 20% open space requirement.

Subdivisions developed in the AG District, and in accordance with all other requirements of the AG District, shall be exempt from the 20% minimum open space requirement.

2007-09-26T13:32:00.002-07:00

ORDINANCE 07-102
AN ORDINANCE TO AMEND TITLE 14, CHAPTER 11 (ARCHITECTURAL DESIGN STANDARDS); PROVIDING AN EFFECTIVE DATE

Whereas, the Municipal Planning Commission evaluated amendments to City of Lakeland Design Guidelines Title 14, Chapters 9, 10, and 11 (Landscaping and Screening Requirements, Site Lighting Requirements, and Architectural Design Standards), respectively to permit waivers for mixed use or traditional neighborhood design Planned Developments, at meetings on September 14, 2006 and November 20, 2006, and

Whereas, copies of the amendments in question are on file at City Hall, and were provided on a CD-Rom to the Municipal Planning Commission on August 21, 2006, and

Whereas, legal notice was published, and the Municipal Planning Commission recommended approval of the proposed amendments on November 20, 2006.

Now therefore be it ordained by the board of commissioners of the city of Lakeland, Tennessee that:

Section 1. Title 14 of the Lakeland Municipal Code Chapters 11, is hereby amended, as more fully described and illustrated in Exhibit “A” attached hereto.
Section 2. The provisions of this Ordinance are severable. If any provision of this Ordinance or the application thereof to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision or application.
Section 3. This Ordinance shall take effect fifteen (15) days after its final passage and publication, the public welfare requiring it.

First Reading: December 05, 2006.
Public Hearing: January 04, 2007.
Final Reading: February 01, 2007.

Scott Carmichael, Mayor

ATTEST:

Sontidra Franklin, City Recorder

2007-09-26T13:32:00.001-07:00

ORDINANCE 07-101
AN ORDINANCE TO AMEND TITLE 14, CHAPTER 10 (SITE LIGHTING REQUIREMENTS); PROVIDING AN EFFECTIVE DATE

Whereas, the Municipal Planning Commission evaluated amendments to City of Lakeland Design Guidelines Title 14, Chapters 9, 10, and 11 (Landscaping and Screening Requirements, Site Lighting Requirements, and Architectural Design Standards), respectively to permit waivers for mixed use or traditional neighborhood design Planned Developments, at meetings on September 14, 2006 and November 20, 2006, and

Whereas, copies of the amendments in question are on file at City Hall, and were provided on a CD-Rom to the Municipal Planning Commission on August 21, 2006, and

Whereas, legal notice was published, and the Municipal Planning Commission recommended approval of the proposed amendments on November 20, 2006.

Now therefore be it ordained by the board of commissioners of the city of Lakeland, Tennessee that:

Section 1. Title 14 of the Lakeland Municipal Code Chapter 10 is hereby amended, as more fully described and illustrated in Exhibit “A” attached hereto.
Section 2. The provisions of this Ordinance are severable. If any provision of this Ordinance or the application thereof to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision or application.
Section 3. This Ordinance shall take effect fifteen (15) days after its final passage and publication, the public welfare requiring it.

First Reading: December 05, 2006.
Public Hearing: January 04, 2007.
Final Reading: February 01, 2007.

Scott Carmichael, Mayor

ATTEST:

Sontidra Franklin, City Recorder

2007-09-26T13:31:00.000-07:00

ORDINANCE 07-100
AN ORDINANCE TO AMEND TITLE 14, CHAPTER 9 (LANDSCAPING AND SCREENING REQUIREMENTS); PROVIDING AN EFFECTIVE DATE

Whereas, the Municipal Planning Commission evaluated amendments to City of Lakeland Design Guidelines Title 14, Chapters 9, 10, and 11 (Landscaping and Screening Requirements, Site Lighting Requirements, and Architectural Design Standards), respectively to permit waivers for mixed use or traditional neighborhood design Planned Developments, at meetings on September 14, 2006 and November 20, 2006, and

Whereas, copies of the amendments in question are on file at City Hall, and were provided on a CD-Rom to the Municipal Planning Commission on August 21, 2006, and

Whereas, legal notice was published, and the Municipal Planning Commission recommended approval of the proposed amendments on November 20, 2006.

Now therefore be it ordained by the board of commissioners of the city of Lakeland, Tennessee that:

Section 1. Title 14 of the Lakeland Municipal Code Chapter 9, is hereby amended, as more fully described and illustrated in Exhibit “A” attached hereto.
Section 2. The provisions of this Ordinance are severable. If any provision of this Ordinance or the application thereof to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision or application.
Section 3. This Ordinance shall take effect fifteen (15) days after its final passage and publication, the public welfare requiring it.

First Reading: December 05, 2006.
Public Hearing: January 04, 2007.
Final Reading: February 01, 2007.

Scott Carmichael, Mayor

ATTEST:

Sontidra Franklin, City Recorder

2007-09-26T13:28:00.001-07:00

ORDINANCE 07-99
AN ORDINANCE TO AMEND ARTICLE I, TITLE INTENT AND PURPOSE; ARTICLE II, DEFINITIONS; ARTICLE III ESTABLISHMENT OF DISTRICTS, OFFICIAL ZONING MAP AND GENERAL PROVISIONS; ARTICLE IV, SCHEDULE OF DISTRICT REGULATIONS AND SITE PLAN REVIEW; ARTICLE VI, PLANNED DEVELOPMENTS; ARTICLE XII, BOARD OF APPEALS; ARTICLE XIII, AMENDMENTS; ARTICLE XIV, STREAMSIDE MANAGEMENT BUFFER REQUIREMENTS OF THE CITY OF LAKELAND ZONING ORDINANCE; PROVIDING AN EFFECTIVE DATE

Whereas, the Municipal Planning Commission evaluated amendments to City of Lakeland Zoning Ordinance to correct several known errors and inconsistencies, to revise certain procedures, to add certain definitions, to revise certain application filing requirements, and to revise certain public notice requirements, at meetings on September 14, 2006 and November 20, 2006, and

Whereas, copies of the amendments in question are on file at City Hall, and were provided on a CD-Rom to the Municipal Planning Commission on August 21, 2006, and subsequent revisions and summaries of changes were provided in Staff Memos to the Municipal Planning Commission dated August 15, 2006, September 14, 2006, and November 08, 2006, and

Whereas, the following articles of the Zoning Ordinance were included and public notice was published prior to the Planning Commission’s recommendation to the Board of Commissioners: Article I, Title Intent and Purpose; Article II, Definitions; Article III, Establishment of Districts, Official Zoning Map and General Provisions; Article IV, Schedule of District Regulations and Site Plan Review; Article VI, Planned Developments; Article XII, Board of Appeals; Article XIII, Amendments; Article XIV, Streamside Management Buffer Requirements, and

Whereas, the Municipal Planning Commission recommended approval of the proposed amendments, as revised by the Staff Memos noted above, to the Board of Commissioners on November 20, 2006.

Now, therefore, be it ordained by the board of commissioners of the city of Lakeland Tennessee that:

Section 1. The City of Lakeland Zoning Ordinance is hereby amended, as more fully described and illustrated in Exhibit “A” attached hereto.

Section 2. The provisions of this Ordinance are severable. If any provision of this Ordinance or the application thereof to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision or application.

Section 3. This Ordinance shall take effect fifteen (15) days after its final passage and publication, the public welfare requiring it.

First Reading: December 05, 2006.
Public Hearing: January 04, 2007.
Final Reading: February 01, 2007.

Scott Carmichael, Mayor

ATTEST:

Sontidra Franklin, City Recorder

2007-09-26T13:27:00.001-07:00

ORDINANCE 06-96
AN ORDINANCE OF THE CITY OF LAKELAND PROVIDING STANDARDS FOR ETHICS AND THE PROCEDURE FOR HANDLING COMPLAINTS OF ALLEGED VIOLATIONS

BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF LAKELAND:

SECTION 1. Applicability.

This chapter is the code of ethics for personnel of the municipality. It applies to all full-time and part-time elected or appointed officials and employees, whether compensated or not, including those of any separate board, commission, committee, authority, corporation, or other instrumentality appointed or created by the municipality. The words “municipal”, and “municipality” include these separate entities.

SECTION 2. Definition of “personal interest.”

(1) For purposes of Sections 3 and 4, “personal interest” means:

(a) Any financial, ownership, or employment interest in the subject of a vote by a municipal board not otherwise regulated by state statutes on conflicts of interests; or

(b) Any financial, ownership, or employment interest in a matter to be regulated or supervised; or

(c) Any such financial, ownership, or employment interest of the official’s or employee’s spouse, parent(s), stepparent(s), grandparent(s), sibling(s), child(ren), or stepchild(ren).

(2) The words “employment interest” include a situation in which an official or employee or a designated family member is negotiating possible employment with a person or organization that is the subject of the vote or that is to be regulated or supervised.

(3) In any situation in which a personal interest is also a conflict of interest under state law, the provisions of the state law take precedence over the provisions of this chapter.

SECTION 3. Disclosure of personal interest by official with vote.

An official with the responsibility to vote on a measure shall disclose during the meeting at which the vote takes place, before the vote and so it appears in the minutes, any personal interest that affects or that would lead a reasonable person to infer that it affects the official’s vote on the measure. In addition, the official may recuse himself from voting on the measure.

SECTION 4. Disclosure of personal interest in nonvoting matters.

An official or employee who must exercise discretion relative to any matter, other than casting a vote, and who has a personal interest in the matter that affects or that would lead a reasonable person to infer that it affects the exercise of the discretion when possible, the interest on a form provided by and filed with the recorder. In addition, the official or employee may, to the extent allowed by law, charter, ordinance, or policy, recuse himself from the exercise of discretion in the matter.

SECTION 5. Acceptance of gratuities, etc.

An official or employee may not accept, directly or indirectly, any money, gift, gratuity, or other consideration or favor of any kind from anyone other than the municipality:

(1) For the performance of an act, or refraining from performance of an act, that he would be expected to perform, or refrain from performing, in the regular course of his duties; or

(2) That might reasonably be interpreted as an attempt to influence his action, or reward him for past action, in executing municipal business.

SECTION 6. Use of information.

(1) An official or employee may not disclose any information obtained in his official capacity or position of employment that is made confidential under state or federal law except as authorized by law.

(2) An official or employee may not use or disclose information obtained in his official capacity or position of employment with the intent to result in financial gain for himself or any other person or entity.

SECTION 7. Use of municipal time, facilities, etc.

(1) An official or employee may not use or authorize the use of municipal time, facilities, equipment, or supplies for private gain or advantage to himself.

(2) An official or employee may not use or authorize the use of municipal time, facilities, equipment, or supplies for private gain or advantage to any private person or entity, except as authorized by legitimate contract or lease that is determined by the governing body to be in the best interests of the municipality.

SECTION 8. Use of position or authority.

(1) An official or employee may not make or attempt to make private purchases, for cash or otherwise, in the name of the municipality.
(2) An official or employee may not use or attempt to use his position to secure any privilege or exemption for himself or others that is not authorized by the charter, general law, or ordinance or policy of the municipality.

SECTION 9. Outside employment.

An official or employee may not accept or continue any outside employment if the work unreasonably inhibits the performance of any affirmative duty of the municipal position or conflicts with any provision of the municipality’s charter or any ordinance or policy.

SECTION 10. Ethics complaints. (1)The city attorney is designated as the ethics officer of the municipality. Upon the written request of an official or employee potentially affected by a provision of this chapter, the city attorney may render an oral or written advisory ethics opinion base upon this chapter and other applicable law.

(2)(a) Except as otherwise provided in this subsection, the city attorney shall investigate any credible complaint against an appointed official or employee charging any violation of this chapter, or may undertake an investigation on his own initiative when he acquire information indicating a possible violation and make recommendations for action to end or seek retribution for any activity that, in the attorney’s judgment, constitutes a violation of his code of ethics.

(b) The city attorney may request that the governing body hire another attorney, individual, or entity to act as ethics officer when he has or will have a conflict of interests in a particular matter.

(c) When a complaint of a violation of any provision of this chapter is lodged against a member of the municipality’s governing body, the governing body shall either determine that the complaint has merit, determine that the complaint does not have merit, or determine that the complaint has sufficient merit to warrant further investigation. If the governing body determines that a complaint warrants further investigation, it shall authorize an investigation by the city attorney or another individual or entity chosen by the governing body.

(3) The interpretation that a reasonable person in the circumstances would apply shall be used in interpreting and enforcing this code of ethics. (4) When a violation of this code of ethics also constitutes a violation of personnel policy, rule, or regulation or a civil service policy, rule, or regulation, the violation shall be dealt with as a violation of the personnel or civil service provisions rather than as a violation of this code of ethics.

SECTION 11. Violations.

An elected official or appointed member of a separate municipal board, commission, committee, authority, corporation, or other instrumentality who violates any provision of this chapter is subject to punishment as provided by the municipality’s charter or other applicable law and in addition is subject to censure by the governing body. An appointed official or an employee who violates any provision of this chapter is subject to disciplinary action.

First Reading: September 07, 2006.
Public Hearing: September 25, 2006.
Final Reading: October 05, 2006.

Scott Carmichael, Mayor

ATTEST:

Sontidra Franklin, City Recorder

2007-09-26T13:26:00.001-07:00

ORDINANCE 06-95
AN ORDINANCE OF THE CITY OF LAKELAND; LEVYING A HOTEL/MOTEL OCCUPANCY TAX

BE IT ORDAINED BY THE CITY OF LAKELAND, TENNESSEE as follows:

SECTION 1. DEFINITIONS. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Consideration means the consideration charged, whether or not received, for occupancy in a hotel, valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits, property and services of any kind or nature, without any deduction there from whatsoever. Nothing in this definition shall be construed to imply that consideration is charged when the space provided to the person is complimentary from the operator and no consideration is charged to or received from any person.

City Manager means the city manager of the city.

Hotel means any structure or space, or any portion thereof, which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist camp, tourist court, tourist cabin, motel or any place in which rooms, lodgings or accommodations are furnished to transients for a consideration.

Occupancy means the use or possession, or the right to the use or possession, of any room, lodgings or accommodations in any hotel.

Operator means the person operating the hotel whether as owner, lessee or otherwise.

Person means any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit.

Transient means any person who exercises occupancy or is entitled to occupancy for any rooms, lodgings or accommodation in a hotel for a period of less than 30 continuous days.

SECTION 2. LEVY OF OCCUPANCY TAX.

The city hereby levies a privilege tax upon the privilege of occupancy in a hotel of each transient in an amount of five percent of the rate charged by the operator. Such tax is a privilege tax upon the transient occupying such room and is to be collected as provided in this ordinance.

SECTION 3. COLLECTION BY OPERATOR; INCLUSION IN RATE.

(a) Such tax shall be added by each and every operator to each invoice prepared by the operator for the occupancy of the hotel and given directly or transmitted to the transient for the occupancy of the operator's hotel. Such tax shall be collected by such operator from the transient and remitted to the city.

(b) When a person has maintained occupancy for 30 continuous days, that person shall receive from the operator a refund or credit for the tax previously collected from or charged to him, and the operator shall receive credit for the amount of such tax if previously paid or reported to the city.
SECTION 4. REMITTANCE OF TAX BY OPERATOR.

(a) The tax levied shall be remitted to the city manager or his designee by all operators who lease, rent or charge for rooms or spaces in hotels within the city, and the city manager is charged with the duty of collection thereof. Such tax shall be remitted to such officer not later than the 20th day of each month for the preceding month. The operator is hereby required to collect the tax from the transient at the time of the presentation of the invoice for occupancy whether prior to occupancy or after occupancy as may be the custom of the operator, and if credit is granted by the operator to the transient, then the obligation to the city for such tax shall be that of the operator.

(b) For the purpose of compensating the operator in accounting for and remitting the tax authorized and levied pursuant hereto and the related ordinances of the city, the operator shall be allowed two percent of the amount of the tax due and accounted for and remitted to the city in the form of a deduction in submitting his report and paying the amount due by such operator, provided the amount due was not delinquent at the time of payment.
Section 5. COLLECTION OF TAX BY CITY.

(a) The city manager shall be responsible for the collection of such tax and shall place the proceeds of such tax in the general funds account of the city. A monthly tax return shall be filed under oath with the city manager by the operator, with such number of copies thereof as the city manager may reasonably require for the collection of such tax. The report of the operator shall include such facts and information as may be deemed reasonable for the verification of the tax due. The form of such report shall be developed by the city manager and approved by the Board of Commissioners prior to use. The city manager shall cause an audit of each operator in the city at least once per year and shall report on the audits made to the board of commissioners.
(b) The city manager is hereby authorized to adopt reasonable rules and regulations for the implementation of the provisions of this ordinance.
SECTION 6. DISCLOSURE OF TAX.

No operator of a hotel shall advertise or state in any manner, whether directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the operator or that it will not be added to the rent, or that if added, any part will be refunded.
SECTION 7. FAILURE OF OPERATOR TO COLLECT TAX.

Taxes collected by an operator which are not remitted to the city manager on or before the due dates shall be delinquent. An operator shall be liable for interest on such delinquent taxes from the due date at the rate of 12 percent per annum, and, in addition, a penalty of one percent for each month or fraction thereof such taxes are delinquent. Such interest and penalty shall become a part of the tax herein required to be remitted. Each occurrence of willful failure or refusal of an operator to collector remit the tax or the willful refusal of a transient to pay the tax imposed is hereby declared to be unlawful and shall be punishable by a civil penalty not in excess of $50.00. In addition, it is unlawful for any operator to knowingly file a false tax return, and a violation shall be punishable by a civil penalty of not more than $50.00.
SECTION 8. RULES AND REGULATIONS; REPORTS; RECORDS.

(a) It is the duty of every operator liable for the collection and payment to the city of any tax imposed under the authority of this article to keep and preserve, for a period of three years, all records as may be necessary to determine the amount of such tax for which he may have been liable for the collection of and payment to the city, which records the city manager, his designee or any accounting firm or accountant employed by the city, shall have the right to inspect at all reasonable times.

(b) The city manager, in administering and enforcing the provisions of this article, shall have as additional powers those powers and duties with respect to collecting taxes as provided in T.C.A. § 67-1-101 et seq. or otherwise provided by law for county clerks and/or municipal officers.

(c) Upon any claim of illegal assessment and collection, the taxpayer shall have the remedies provided in T.C.A. § 67-9-101 et seq., it being the intent of this ordinances that the provisions of law which apply to the recovery of state taxes illegally assessed and collected also apply to taxes illegally assessed and collected under the authority of this article. The city manager shall also possess those powers and duties as provided in T.C.A. § 67-1-707 for county clerks with respect to the adjustments and refunds of such tax.
(d) With respect to the adjustment and settlement with taxpayers, all errors of taxes collected by the city manager under the authority of this article shall be refunded by the city.

(e) Notice of any tax paid under protest shall be given to the city manager, and suit may be brought for recovery of such tax against the city manager of the city in his official capacity.
SECTION 9. ALLOCATION OF FUNDS.

The proceeds of the tax authorized by this article shall be allocated to such funds as the board of commissioner shall from time to time direct.

SECTION 10. That this ordinance shall take effect from and after its passage, approval, and publication as required by law.

PRESENTED AND GIVEN FIRST READING on August 03, 2006, at a regular meeting of the Board of Commissioners of the City of Lakeland, Tennessee; and GIVEN SECOND/FINAL READING, passed and adopted September 07, 2006, by a two-thirds (2/3) vote, being 4 ayes and 1 nays, at a regular meeting of the Board of Commissioners of the City of Lakeland, Tennessee.

Signed in authentication of its passage this the _________day of __________, 2006

_____________________________
Scott Carmichael, Mayor

ATTEST:

_____________________________
Sontidra Franklin, City Recorder

2007-09-26T13:25:00.002-07:00

ORDINANCE 06-94
An Ordinance to Amend Ordinance 06-89 of the Comprehensive Fee Schedule which is Incorporated in the Lakeland City Code; and Providing an Effective Date

WHEREAS, the City of Lakeland adopted Ordinance 06-89 within which various fees assessed by the City of Lakeland are described; and

WHEREAS, the growth pattern that has occurred in the City of Lakeland has warranted the warning siren fees for future developments for the areas not within the scope of the existing warning sirens; and

WHEREAS, the City of Lakeland continuously seeks opportunities to improve the provision of governmental services and must therefore assess fees associated with providing such services; and

WHEREAS, the Board of Commissioners of the City of Lakeland determined a consolidated fee schedule would assist City staff in the implementation of fees for various services and facilitate the comprehensive review and updating of fees from time to time; and

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF LAKELAND, TENNESSEE THE FOLLOWING:

1. The City of Lakeland Comprehensive Fee Schedule, Ordinance 06-89 is hereby amended, as described in Exhibit “A” attached hereto.

BE IT FURTHER ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF LAKELAND THAT:

This Ordinance shall take effect immediately upon its passage on second and final reading, the public welfare requiring it.

First Reading: July 06, 2006.
Public Hearing: July 24, 2006.
Final Reading: August 03, 2006.

__________________________________
Scott Carmichael, Mayor

ATTEST:

__________________________________
Sontidra Franklin, City Recorder

2007-09-26T13:25:00.001-07:00

ORDINANCE 06-93
An Ordinance to Amend Title 11, Chapter 3, Section 11-302.1(h) of the Lakeland City Code Concerning Noise Regulations and Offenses against the Peace and Quiet in the City of Lakeland; and Providing an Effective Date

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF LAKELAND, TENNESSEE THE FOLLOWING:

1. Section 11-302.1(h) an ordinance of the City of Lakeland is amended to read as follows:

h. Building Operations: The erection (including excavation), demolition, alteration, or repair of any building in any residential area or section or the construction or repair of streets and highways in any residential area or section, other than between the hours of 7:00 A.M. and 6:00 P.M. and new construction in new developments between the hours of 7:00 A.M. and 7:00 P.M. on week days, except in case of urgent necessity in the interest of public health and safety. A new development shall constitute any development under construction until such time as 70% of the structures are completed.

BE IT FURTHER ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF LAKELAND THAT:

This Ordinance shall take effect immediately upon its passage on second and final reading, the public welfare requiring it.

First Reading: June 1, 2006.
Public Hearing: June 19, 2006.
Final Reading: July 6, 2006.

_______________________________
Scott Carmichael, Mayor

ATTEST:

_______________________________
Sontidra Franklin, City Recorder

2007-09-26T13:24:00.000-07:00

ORDINANCE 06-92
An Ordinance to Amend Title 13, Chapter 1, Section 13-104 of the Lakeland City Code; and Providing an Effective Date

WHEREAS, the City of Lakeland adopted Lakeland City Code, Title 13, Chapter 1, Section 13-104 which limits the height of grass and other vegetation in the City of Lakeland; and

WHEREAS, the City of Lakeland has researched this ordinance and this amendment is based on those findings; and

WHEREAS, the City of Lakeland continuously seeks opportunities to improve the provision of governmental services and must therefore amend ordinances associated with providing such services; and

WHEREAS, a Public Hearing before the Board of Commissioners of the City of Lakeland was held pursuant to a notice thereof published in a newspaper of general circulation within the community; and

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF LAKELAND, TENNESSEE THE FOLLOWING:

Section 1. Lakeland City Code, Title 13, Chapter 1, Section 13-104 is hereby amended, as follows:

13-104. Weeds. Every owner or tenant of property shall periodically cut the grass and noxious weeds on his or her property. It shall be unlawful for any person to fail to comply with an order by the City of Lakeland or his or her designee to cut such vegetation when it has reached a height of one foot if located in an undeveloped area, or a height of one-half foot if located within a developed area, except for those parcels containing five acres or more land area. A developed area shall refer to a platted subdivision or lot of record. Areas intended to be left in a natural state such as, Conservation Easement and natural areas, shall be exempt from these provisions.

BE IT FURTHER ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF LAKELAND THAT:

This Ordinance shall take effect immediately upon its passage on second and final reading, the public welfare requiring it.

First Reading: June 1, 2006.
Public Hearing: June 26, 2006.
Final Reading: July 6, 2006.

__________________________________
Scott Carmichael, Mayor

ATTEST:

__________________________________
Sontidra Franklin, City Recorder

2007-09-26T13:23:00.000-07:00

ORDINANCE 06-91
AN ORDINANCE OF THE CITY OF LAKELAND, TENNESSEE, ADOPTING A
BUDGET FOR FISCAL YEAR JULY 01, 2006 THROUGH JUNE 30, 2007

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, 2006, 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, 2006 as follows:

A. REVENUE GENERAL FUND: $5,460,000

B. EXPENDITURES GENERAL FUND: $5,460,000

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 04, 2006.
Public Hearing: May 22, 2006.
Final Reading: June 01, 2006.

_______________________________
Scott Carmichael, Mayor

ATTEST:

_______________________________
Sontidra Franklin, City Recorder

2007-09-26T13:22:00.002-07:00

ORDINANCE 06-90
AN ORDINANCE OF THE CITY OF LAKELAND AMENDING ORDINANCE # 03-31 TO PROVIDE FOR REVISED HOURS WHEN THE LAKELAND CITY PARKS ARE OPEN AND AMENDING THE PARK SIGNS
BE IT ORDIANED BY THE BOARD OF COMMISSIONERS OF THE CITY OF LAKELAND:

Section 1: Hours of Park Operation

The provision that “All parks are open daily from dawn to one hour after sunset” is repealed in its entirety and replaced by the provision that “All parks are open daily from 5:00 a.m. to 9:00 p.m.”

First Reading: May 04, 2006.
Public Hearing: May 22, 2006.
Final Reading: June 01, 2006.

Scott Carmichael, Mayor

ATTEST:

Sontidra Franklin, City Recorder

2007-09-26T13:22:00.001-07:00

ORDINANCE 06-89
An Ordinance to Amend Ordinance 04-65 of the Comprehensive Fee Schedule which is Incorporated in the Lakeland City Code; and Providing an Effective Date

WHEREAS, the City of Lakeland adopted Ordinance 04-65 within which various fees assessed by the City of Lakeland are described; and

WHEREAS, the City of Lakeland has performed a cost recovery analysis and the fees are based on those findings.

WHEREAS, the City of Lakeland continuously seeks opportunities to improve the provision of governmental services and must therefore assess fees associated with providing such services; and

WHEREAS, the Board of Commissioners of the City of Lakeland determined a consolidated fee schedule would assist City staff in the implementation of fees for various services and facilitate the comprehensive review and updating of fees from time to time; and

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF LAKELAND, TENNESSEE THE FOLLOWING:

1. The City of Lakeland Comprehensive Fee Schedule, Ordinance 04-65 is hereby amended, as described in Exhibit “A” attached hereto.

BE IT FURTHER ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF LAKELAND THAT:

This Ordinance shall take effect immediately upon its passage on second and final reading, the public welfare requiring it.

First Reading: May 4, 2006.
Public Hearing: May 22, 2006.
Final Reading: June 1, 2006.

__________________________________
Scott Carmichael, Mayor

ATTEST:

__________________________________
Sontidra Franklin, City Recorder

2007-09-26T12:58:00.002-07:00

ORDINANCE 06-88
AN ORDINANCE OF THE CITY OF LAKELAND AMENDIING CHAPTER 9-201 ET. SEQ. OF THE LAKELAND CITY CODE

BE IT ORDAINED by the Board of Commissioners of the City of Lakeland:

Section 1:

Chapter 9-201, 9-202 and 9-203 of the Lakeland Municipal Code are deleted in its entirety and replaced by the following:

Chapter 9-201: Selling Prohibited:

It shall be unlawful anywhere in the City of Lakeland, Tennessee, for any person, peddler, huckster, hawker or transient vendor to sell or offer for sale on streets and street right-of-ways, private residences, from motor vehicles, and all types of transportation conveyances, except as allowed elsewhere in the Code, any goods, wares, services or merchandise of any nature.

Chapter 9-202: Panhandling prohibited

It shall be unlawful anywhere in the City of Lakeland, Tennessee to stop a vehicle or approach a stopped vehicle on a public street or roadway and ask for donations of any kind or sell any product standing on said street, roadway, sidewalk or median.

Chapter 9-303: Exceptions:

A. The provisions of this Ordinance shall not apply to bona fide merchants who deliver goods in the regular course of business.

B. Solicitors for charitable, non-profit or religious organizations who go from dwelling to dwelling, business to business, street to street, taking or attempting to take orders for goods, wares and merchandise are exempt from these provisions, provided a Lakeland Permit is obtained, a picture identification is worn at all times and the organization meets the Internal Revenue Service Criteria to qualify as a charitable, non-profit or religious organization.

C. The dispensing of religious pamphlets or other literature which is protected by the United States Constitution under Freedom of Speech, Religion or Press is exempt from this chapter.

D. Campaigning for public office is exempt from this Chapter.

First Reading: May 04, 2006.
Public Hearing: May 22, 2006.
Final Reading: June 01, 2006.

Scott Carmichael, Mayor

ATTEST:

Sontidra Franklin, City Recorder

2007-09-26T12:58:00.001-07:00

ORDINANCE 06-87
AN ORDINANCE ABANDONING PUBLIC RIGHT-OF-WAY ON THE PORTION OF A ROADWAY REFERRED TO AS OLD BRUNSWICK ROAD LOCATED NORTH OF HIGHWAY 64 AND EAST OF INTERSTATE 40

WHEREAS; the City of Lakeland is committed to maintaining public roadways to high standards within its jurisdiction where such roadways serve the public use and benefit the public generally; and
WHEREAS; the City of Lakeland is currently a no-tax City that strives to offer its citizens quality services commensurate with said no-tax status; and
WHEREAS; the Board of Commissioners of City of Lakeland has determined that this portion of Old Brunswick Road has not been accessible to the general public since the land was annexed into the City of Lakeland; and
WHEREAS; there are currently no citizens of the City of Lakeland residing on this portion of Old Brunswick Road; and
WHEREAS; the Board of Commissioners of the City of Lakeland has determined that this portion of Old Brunswick Road provides no benefit to the public generally as it is a dead-end road traversing currently undeveloped property; and
WHEREAS; the Board of Commissioners of the City of Lakeland has determined ion of Old Brunswick Road provides no long-term strategic transportation benefit to the City of Lakeland as reflected on the City Transportation Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF LAKELAND THAT:
1. The portion of roadway referred to as Old Brunswick Road, running generally from Highway 64 north to U.S. I-40 right-of-way and further described and depicted on Exhibit A (to be provided) attached hereto and incorporated by reference as if fully set forth herein, be and hereby is abandoned and vacated as a public thoroughfare and right-of-way with the City of Lakeland

retaining no further right of any kind or purpose for public access and/or maintenance.
2. This Ordinance shall take effect immediately upon final passage and publication, the public welfare requiring it.

First Reading: March 02, 2006.
Public Hearing: March 27, 2006.
Final Reading: April 06, 2006.

______________________________
Scott Carmichael, Mayor

ATTEST:

______________________________
Sontidra Franklin, City Recorder

2007-09-26T12:57:00.001-07:00

ORDINANCE 06-84
AN ORDINANCE ABANDONING PUBLIC RIGHT-OF-WAY ON ROADWAYS REFERRED TO AS CHAMBERS COVE ROAD, OLD SEED TICK ROAD AND OLD CANANDA ROAD

WHEREAS; the City of Lakeland is committed to maintaining public roadways to high standards within its jurisdiction where such roadways serve the public use and benefit the public generally; and
WHEREAS; the City of Lakeland is currently a no-tax City that strives to offer its citizens quality services commensurate with said no-tax status; and
WHEREAS; the Board of Commissioners of City of Lakeland has determined that Chambers Cove Road has not been accessible to the general public for approximately (10) years; and
WHEREAS; there are currently no citizens of the City of Lakeland residing on Chambers Cove Road, Old Seed Tick Road or Old Canada Road, and no citizen of Lakeland has resided on Chambers Cove Road, Old Seed Tick Road or Old Canada Road for a considerable period of time; and
WHEREAS; the Board of Commissioners of the City of Lakeland has determined that Chambers Cove Road, Old Seed Tick Road exceeding fifteen (15) years; and Old Canada Road provide no benefit to the public generally as they are dead-end roads traversing currently undeveloped property; and
WHEREAS; the Board of Commissioners of the City of Lakeland has determined that Chambers Cove Road, Old Seed Tick Road and Old Canada Road provide no long-term strategic transportation benefit to the City of Lakeland as reflected on the City Transportation Plan.
WHEREAS; access to Chambers Cove Road was limited to curtail illegal dumping of trash, transactions involving contraband substances and other such public nuisances, all of which have been determined by the Board of Commissioners of the City of Lakeland to be detrimental to the public safety and welfare of the citizens of the City of Lakeland; and

WHEREAS; the Board of Commissioners of the City of Lakeland has determined that Chambers Cove Road provides no benefit to the public generally as it is a dead-end road traversing currently undeveloped property; and
WHEREAS; the condition of Chambers Cove Road has deteriorated to the point that considerable sums of money would need to be expended by the City of Lakeland to bring it up to current city roadway standards for public passages.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF LAKELAND THAT:
1. The roadway referred to as Chambers Cove Road, running generally from Chambers Chapel Road to the U.S. I-40 right-of-way and further described and depicted on Exhibit A attached hereto and incorporated by reference as if fully set forth herein, be and hereby is abandoned and vacated as a public thoroughfare and right-of-way with the City of Lakeland retaining no further right of any kind or purpose for public access and/or maintenance.

2. The roadway referred to as Old Seed Tick Road, running generally from Canada Road to Beverle Rivera Boulevard and further described and depicted on Exhibit B attached hereto and incorporated by reference as if fully set forth herein, be and hereby is abandoned and vacated as a public thoroughfare and right-of-way with the City of Lakeland retaining no further right of any kind or purpose for public access and/or maintenance.

3. The roadway referred to as Old Canada Road, running generally from parcels L0159 00389 and L0159 00031 to U.S. I-40 right-of-way and further described and depicted on Exhibit C attached hereto and incorporated by reference as if fully set forth herein, be and hereby is abandoned and vacated as a public thoroughfare and right-of-way with the City of Lakeland retaining no further right of any kind or purpose for public access and/or maintenance.

4. This Ordinance shall take effect immediately upon final passage and publication, the public welfare requiring it.

First Reading: January 05, 2006.
Public Hearing: January 23, 2006.
Final Reading: February 02, 2006.

______________________________
Scott Carmichael, Mayor

ATTEST:

______________________________
Sontidra Franklin, City Recorder

2007-09-26T12:52:00.000-07:00

ORDINANCE 06-86
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF LAKELAND TO AMEND THE ZONING CLASSIFICATION OF ALL PARCELS LOCATED AS DESCRIBED HEREIN (lo1-40-00280; lO1-40-00248; LO1-40-00066; LO1-40-00067), FROM AG (AGRICULTURAL DISTRICT), TO I-L (LIGHT INDUSTRIAL DISTRICT); PROVIDE AN EFFECTIVE DATE.

WHEREAS, the City of Lakeland initiated a request to rezone approximately 211.43 acres of land as depicted and described herein, from AG, Agricultural District, to I- L, Light Industrial District; and

WHEREAS, the 2006 update to the Land Use Plan for the City of Lakeland depicts the subject property as being located within an area recommended for “Light Industrial” , and

WHEREAS, other lands, currently zoned light industrial now abut or have been encroached upon by residential development, and

WHEREAS, the Lakeland Planning Commission reviewed the proposed change in zoning classification on February 21, 2006, and made a recommendation to the Board of Commissioners to amend the Official Zoning Map of the City of Lakeland accordingly, and

WHEREAS, a Public Hearing before the Board of Commissioners for the City of Lakeland was held on March 27, 2006, pursuant to a notice thereof published in a newspaper of general circulation within the community on March 08, 2006.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS FOR THE CITY OF LAKELAND, TENNESSEE, AS FOLLOWS:

Section 1. That the City of Lakeland Official Zoning Map be amended to change the zoning classification of the land described herein, from AG, Agricultural District, to I-L, Light Industrial District.

Section 2. Be it further ordained that this Ordinance shall take effect immediately after its passage on final reading, the public health, safety and welfare so requiring it.

First Reading: March 02, 2006.

Public Hearing: March 27, 2006.

Final Reading: April 06, 2006.

____________________________
Scott Carmichael, Mayor

ATTEST:

____________________________
Sontidra Franklin, City Recorder

Lakeland Ordinances

2007-09-25T12:39:00.000-07:00

This site includes Ordinances which have adopted by the City of Lakeland, but have not yet been (codified" in the Lakeland Municipal code. Codification is completed yearly.