Knowledgebase-Ordinance Regulating the Placement or Construction of Buildings or Structures over Utility Mains and Stormwater Drains


Information Product

Title:Ordinance Regulating the Placement or Construction of Buildings or Structures over Utility Mains and Stormwater Drains
Summary:An ordinance regulating the placement or construction of buildings or structures over utility mains and stormwater drains.
Original Author:Darden, Ron
Co-Author:
Product Create Date:08/28/2009
Last Reviewed on::10/27/2009
Subject:Building codes--Municipal ordinances; Utilities--Municipal ordinances; Stormwater management--Municipal ordinances
Type:Ordinance
Original Document: Ordinance Regulating the Placement or Construction of Buildings.pdf

Reference Documents:

Text of Document: Ordinance No.___

An Ordinance Regulating the Placement or Construction of Buildings or Structures over Utility Mains and Stormwater Drains

Whereas, the placement or construction of buildings and structures over utility mains and stormwater drains may affect the health and safety of city property owners; and

Whereas, utility service personnel and public works personnel need access for excavating and repairing utilities and stormwater systems; now

Therefore, Be It Ordained by the City Commission of the City of Mount Pleasant, Tennessee:

Section 1. After the enactment of this ordinance no building or structure shall be placed or constructed over or within ten (10) feet of any water, sewer, wastewater, or natural gas main or piping that is not a component of the building or structure.

Section 2. After the enactment of this ordinance no building or structure shall be placed or constructed over or within ten (10) feet of any natural stormwater drainage structure, tile, culvert, box channel, catch basin, open channel or any other drainage structure or system unless such drainage structure is designed by a professional engineer licensed in the State of Tennessee. Such design shall show the location of the building or structure in relation to the stormwater drainage system and shall allow ten (10) feet access for service.

Section 3. All construction of utilities and stormwater systems shall be in compliance with the city’s building codes and city and State Regulations. No building or structure may be constructed or placed on property unless such location is first approved by the city building official.

Section 4. It shall be the responsibility of the city building official to enforce the provisions of this ordinance.

Section 5. Violators of the provisions of this ordinance shall be directed to remove such buildings or structures as directed by the city building official at the owner’s cost. The city may undertake other legal means for enforcing the provisions of this ordinance as required.

Section 6. This ordinance shall become effective immediately upon final passage.

Passed 1st reading________,2009
Passed 2nd reading________,2009


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Mayor Attest: City Recorder

Please remember that this ordinance was drafted based upon the drafting requirements and authority granted to a particular city or town in its charter and in general law. These drafting requirements and the authority exercised in this ordinance might not apply to your city or town.

Please confer with your city attorney or an MTAS legal consultant, or both, before using this ordinance as a model.