Legal Documents of Maryville

Code of Maryville

Table of Contents » Title 14 Zoning and Land Use Control » Chapter 2 Zoning And Land Use Ordinance » § 14-216 Utilities.
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Title 14
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Title 14, Chapter 1
14-101
§ 14-101
Maryville
Title 14 : Zoning and Land Use Control
Chapter 2 : Zoning And Land Use Ordinance

14-216 : Utilities.

  1. Utility ownership and easement rights.
    1. In any case in which a developer installs or causes the installation of water, sewer, electrical power, telephone, cable television, or stormwater facilities and appurtenances and intends that such facilities shall be owned, operated, or maintained by the public utility or other entity other than the developer, the developer shall transfer to such utility or entity the necessary ownership and/or easement rights to enable the utility or entity to operate and maintain such facilities.
    2. Drainage and utility easements shall be five feet (5') in width along interior boundary lines of lots in a subdivision and shall be ten feet (10') in width along all exterior lot lines where adjoining lot or property is not subject to a similar easement at least five feet (5') in width. A ten foot (10') utility and drainage easement shall exist along platted rights-of-way and be determined by this section to be an exterior lot line. Such dedication shall be noted on the final plat of a subdivision, unless otherwise required by the appropriate reviewing agency.
  2. Lots served by governmentally owned water or sewer lines. Water and sewer connection requirements shall be determined based on the rules, rates, regulations and policies of the City of Maryville Water Quality Control Department.
  3. Sewage disposal facilities required. Every principal use and every lot within a subdivision shall be served by sanitary sewer as provided in subsection (2) of this section or by a sewage disposal system that is adequate to accommodate the reasonable needs of such use or subdivision lot and that complies with all applicable health regulations. For purposes of complying with all local health department regulations, if the lot uses a subsurface sewer disposal system and is served by a public water supply, there shall be a minimum of thirty thousand (30,000) square feet of useable lot area for lots developed for residential purposes. If a lot is developed for residential purposes and sanitary sewer and public water are not available to the lot, then the minimum lot area per unit shall be thirty-five thousand (35,000) square feet.
  4. Determining compliance with § 14-216(3).
    1. Primary responsibility for determining whether a proposed development will comply with the standards set forth in subsection (3) above often lies with an agency other than the city, and the developer must comply with the detailed standards and specifications of such other agency. The relevant agencies are listed in subsection (b) below. Whenever any such agency requires detailed construction or design drawings before giving its official approval to the proposed sewage disposal system, the authority issuing a permit under these regulations may rely upon a preliminary review by such agency of the basic design elements of the proposed sewage disposal system to determine compliance with subsection (3) above. However, construction of such system may not be commenced until the detailed plans and specifications have been reviewed and any appropriate permits issued by such agency.
    2. In the following table, the IF statement describes the type of development and the THEN statement indicates the agency that must certify to the city whether the proposed sewage disposal system complies with the standards set forth in subsection (3) above.
      1. IF the use is located on a lot that is served by the city sewer system or a previously approved, privately-owned package treatment plant, and the use can be served by simple connection to the system (as in the case of a single-family residence) rather than the construction of an internal collection system (as in the case of a shopping center or apartment complex):
        THEN no further certification is necessary.
      2. IF the use (other than a subdivision) is located on a lot that is served by the city's sewer system but service to the use necessitates construction of an internal collection system (as in the case of a shopping center or apartment complex); and
        1. IF the internal collection system is to be transferred and maintained by the city:
          THEN the internal collection system must meet the standards of the city from design to installation.
        2. IF the internal collection system is to be privately maintained:
          THEN the city must certify that the proposed collection system is adequate.
      3. IF the proposed use is a subdivision;
        1. IF lots within the subdivision are to be served by simple connection to existing city lines or lines of a previously approved private system:
          THEN no further certification is necessary.
        2. IF lots within the subdivision are to be served by the city system but the developer will be responsible for installing the necessary additions to the city system:
          THEN the internal collection system must meet the standards of the city from design to installation.
    3. On subdivision plats depicting property within the city where existing Subsurface Sewer Disposal (SSD) systems exist, it shall be required that these subdivisions contain wording or notations as follows:
      "In accordance with the policies of the Tennessee Department of Environment and Conservation, the Blount County Health Department has not evaluated the existing Subsurface Sewerage Disposal (SSD) system on lot(s) represented on this plat. In approving this plat for recordation, the Maryville Municipal Planning Commission makes no representation as to the performance of the existing SSD system."
      If additional language is required by the planning commission than that stated in this section, it shall be added and appropriately noted on the plat starting where existing subsurface sewage disposal systems exist.
  5. Water supply system required. Every principal use and every lot within a subdivision shall be served by a water supply system that is adequate to accommodate the reasonable needs of such use or subdivision lot and that complies with all applicable health regulations.
  6. Determining compliance with § 14-216(5).
    1. Primary responsibility for determining whether a proposed development will comply with the standards set forth in subsection (5) above often lies within an agency other than the city and the developer must comply with the detailed standards and specifications of such other agency. The relevant agencies are listed in subsection (b) below. Whenever any such agency requires detailed construction or design drawings before giving its official approval to the proposed water supply system, the authority issuing a permit under this section may rely upon a preliminary review by such agency of the basic design elements of the proposed water supply system to determine compliance with subsection (5) above. However, construction of such system may not be commenced until the detailed plans and specifications have been reviewed and any appropriate permits issued by such agency.
    2. In the following table, the IF statement describes the type of development and the THEN statement indicates the agency that must certify to the city whether the proposed water supply system complies with the standards set forth in subsection (5) above.
      1. IF the use is located on a lot that is served by the city water system or a previously approved, privately-owned public water supply system and the use can be served by simple connection to the system (as in the case of a single-family residence) rather than the construction of an internal distribution system (as in the case of a shopping center or apartment complex):
        THEN no further certification is necessary.
      2. IF the use (other than a subdivision) is located on a lot that is served by the city water system but service to the use necessitates construction of an internal distribution system (as in the case of a shopping center or apartment complex); and the internal distribution system is to be transferred to and maintained by the city:
        THEN the proposed internal distribution system must meet the standards of the city from design to installation.
      3. IF the use (other than a subdivision) is located on a lot not served by the city system or a previously approved, privately-owned public water supply system; and
        1. IF the use is to be served by a privately-owned public water supply system that has not previously been approved:
          THEN the Tennessee Department of Environment and Conservation must certify that the proposed system complies with all applicable state and federal regulations. The Blount County Health Department must also approve the plans if the water source is well and the system has a design capacity of one million (1,000,000) gallons per day. A private well system may not be connected to the city utility system.
        2. IF the use is to be served by some other source (such as an individual well):
          THEN: The Blount County Health Department must certify that the proposed system meets all applicable state and local regulations.
      4. IF the proposed use is a subdivision; and
        1. IF lots within the subdivision are to be served by simple connection to existing city lines or lines of a previously approved public water supply system:
          THEN No further certification is necessary.
        2. IF lots within the subdivision are to be served by the city system but the developer will be responsible for installing the necessary additions to such system:
          THEN the proposed internal distribution system must meet the standards of the city from design to installation.
        3. IF lots within the subdivision are to be served by individual well:
          THEN The Blount County Health Department must certify to the city that each lot intended to be served by a well can be served in accordance with applicable health regulations.
  7. Lighting requirements.
    1. Subject to subsection (b) above, all public streets, sidewalks, and other common areas or facilities in subdivisions created after the effective date of these regulations shall be sufficiently illuminated to ensure the security of property and the safety of persons using such streets, sidewalks, and other common areas or facilities.
    2. To the extent that fulfillment of the requirement established in subsection (a) above would normally require street lights installed along public streets, this requirement shall be applicable only to residential and commercial subdivisions located within the corporate limits of the city.
    3. All roads, driveways, sidewalks, parking lots, and other common areas and facilities in unsubdivided developments shall be sufficiently illuminated to ensure the security of property and the safety of persons using such roads, driveways, sidewalks, parking lots, and other common areas and facilities.
    4. All entrances and exits in substantial buildings used for non-residential purposes and in two (2)family or multi-family residential developments containing more than four (4) dwelling units shall be adequately lighted to ensure the safety of persons and the security of the buildings.
  8. Excessive illumination. Lighting within any lot that unnecessarily illuminates any other lot and substantially interferes with the use or enjoyment of such other lot is prohibited. Lighting unnecessarily illuminates another lot if it clearly exceeds the standards set forth in subsection (7) above or if the standards set forth in subsection (7) above could reasonably be achieved in a manner that would not substantially interfere with the use or enjoyment of neighboring properties.
  9. Electric power. Every principal use and every lot within a subdivision shall have available to it a source of electric power adequate to accommodate the reasonable needs of such use and every lot within such subdivision. Compliance with this requirement shall be determined as follows:
    1. If the use is not a subdivision and is located on a lot that is served by an existing power line and the use can be served by a simple connection to such power line (as opposed to a more complex distribution system, such as would be required in an apartment complex or shopping center), then no further certification is needed.
    2. If the use is a subdivision or is not located on a lot served by an existing power line or a substantial internal distribution system will be necessary, then the electric utility service provider must review the proposed plans and certify to the city that it can provide service that is adequate to meet the needs of the proposed use and every lot within the proposed subdivision.
  10. Telephone service. Every principal use and every lot within a subdivision must have available to it a telephone service cable adequate to accommodate the reasonable needs of such use and every lot within such subdivision. Compliance with this requirement shall be determined as follows:
    1. If the use is not a subdivision and is located on a lot that is served by an existing telephone line and the use can be served by simple connection to such power line (as opposed to a more complex distribution system, such as would be required in an apartment complex or shopping center), then no further certification is necessary.
    2. If the use is a subdivision or is not located on a lot served by an existing telephone line or a substantial internal distribution system will be necessary, then the telephone utility company must review the proposed plans and certify to the city that it can provide service that is adequate to meet the needs of the proposed use and every lot within the proposed subdivision.
  11. Underground utilities.
    1. All electric power lines (not to include transformers or enclosures containing electrical equipment including, but not limited to, switches, meters, or capacitors which may be pad mounted), telephone, gas distribution, and cable television lines in subdivisions constructed after the effective date of these regulations shall, when placed underground, be done in accordance with the specifications and policies of the respective utility service providers.
    2. All electric power lines (not to include transformers or enclosures containing electric equipment including, but no limited to, switches, meters, or capacitors which may be pad mounted) serving four (4) or more residential lots or developments with apartments, condominiums, townhouses, etc. shall be placed underground. All electric power lines installed underground shall be done in accordance with specifications and policies of the utility service provider as provided for in subsection (a) above of this section.
    3. Whenever an unsubdivided development is hereafter constructed on a lot that is undeveloped on the effective date of these regulations, then all electric power, telephone, gas distribution, and cable television lines installed to serve the development that are located on the development site outside of a previously existing public street right-of-way shall be placed underground in accordance with the specifications and policies of the respective utility companies.
  12. Utilities to be consistent with internal and external development.
    1. Whenever it can reasonably be anticipated that utility facilities constructed in one (1) development will be extended to serve other adjacent or nearby developments, such utility facilities (e.g., water or sewer lines) shall be located and constructed so that extensions can be made conveniently and without undue burden or expense or unnecessary duplication of service.
    2. Whenever it can be reasonably accomplished, when a development is constructed or phased over time and underground utility facilities are used in the initial stages of development, then remaining portions of the development or subdivision shall be serviced with underground utilities.
    3. All utility facilities shall be constructed in such manner as to minimize interference with pedestrian or vehicular traffic and to facilitate maintenance without undue damage to improvements or facilities located within the development.
  13. As-built drawings required. When a developer installs, or causes to be installed, any utility line in any public right-of-way, the developer shall, as soon as practicable after installation is complete, and before acceptance of any water or sewer line, furnish the city with a copy of a drawing that shows the exact location of such utility lines. Such drawings must be verified as accurate by the utility service provided. Compliance with this requirement shall be a condition of the continued validity of the permit authorizing such development. As-built drawings shall further be provided for stormwater lines, ponds or any associated infrastructure in the stormwater system. Such as-built drawing shall be approved by the city prior to acceptance by the city of such infrastructure.
  14. Fire hydrants.
    1. Every development within the corporate limits (subdivided or unsubdivided) that is served by a public water system shall include a system of fire hydrants sufficient to provide adequate fire protection for the buildings located, or intended to be located, within such development.
    2. The presumption established by these regulations is that to satisfy the standards set forth in subsection (a) above, fire hydrants must be located so that all parts of every building within the development may be served by a hydrant by laying not more than five hundred feet (500') of hose connected to such hydrant. However, the fire chief may authorize or require a deviation from this standard if recognized fire safety standards would allow another arrangement more satisfactory which would comply with the standards set forth in subsection (a) above.
    3. The Maryville Fire Chief shall determine the precise location of all fire hydrants, subject to the other provisions of this section. In general, fire hydrants shall be placed six feet (6') behind the curb line of publicly dedicated streets that have curb and gutter.
    4. The water and wastewater division of the utilities board shall determine the design standards of all hydrants as set forth in the rules, regulations, rates and policies for the city water quality control department. Unless otherwise specified by the fire chief, all hydrants shall have two (2) two and one-half inch (2-1/2") hose connections and one (1) five and one-fourth inch (5-1/4") hose connection. The two and one-half-inch (2-1/2") hose connections shall be located at least twenty-one and one-half inches (21-1/2") from ground level. All hydrant threads shall be national standard threads.
    5. Water lines that serve hydrants shall be designed and sized according to the rules, regulations, rates and policies for the City of Maryville Water Quality Control Department. (1999 Code, § 14-216)