TOWN OF SOMERVILLE...10.3 Public Safety 10.3.1 A Motion to adopt ORDINANCE 2017‐004, an Ordinance Amending Title 4, Chapter 3 of the Town of Somerville Municipal Code, Occupational

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TOWN OF SOMERVILLE BOARD OF MAYOR AND ALDERMEN

BOARD MEETING AGENDA JUNE 13, 2017 AT 7:00 PM

1. Call to Order

2. Opening Prayer led by Pastor Larry Shelton of New Mt. Zion Baptist Church in Somerville

3. Pledge of Allegiance to the American Flag

4. Roll Call

5. PUBLIC HEARING – Call to Order a PUBLIC HEARING for the purpose of discussing ORDINANCE 2017‐005, an Ordinance adopting the Annual Budget and Tax Rate for the Fiscal Year Beginning July 1, 2017 and Ending June 30, 2018

6. Adjourn PUBLIC HEARING

7. Approval of Board Meeting Minutes

7.1 A Motion to approve the Minutes of the Regular May 8, 2017 Board Meeting

8. Comments from the Community

9. Mayor’s Comments

10. Action items:

10.1 Finance

10.1.1 Discuss the UTMS Center Project – Ellen Wadley 10.1.2 A Motion to approve RESOLUTION 06‐2017, a Resolution establishing

Employee Base Pay and Salary Caps for all Town of Somerville Employees 10.1.3 A Motion to adopt ORDINANCE 2017‐005, an Ordinance adopting the Annual

Budget and Tax Rate for the Fiscal Year beginning July 1, 2017 and ending June 30, 2018, on SECOND READING

10.1.4 A Motion to approve the list of Surplus Vehicles and Equipment to be sold on GOVDEALS or sold as scrap

10.1.5 A Motion to increase the Town Judge’s salary from $200 per court date to $250 per court date

10.1.6 Review the Inter‐fund Loan Documents – No Action Required

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10.2 Planning

10.2.1 A Motion to adopt ORDINANCE 2017‐007, an Ordinance Repealing the Zoning Ordinance in its entirety and Adopting the NEW Zoning Ordinance, on FIRST READING

10.3 Public Safety

10.3.1 A Motion to adopt ORDINANCE 2017‐004, an Ordinance Amending Title 4,

Chapter 3 of the Town of Somerville Municipal Code, Occupational Safety and Health – TOSHA, on SECOND READING

10.3.2 A Motion to adopt ORDINANCE 2017‐006, an Ordinance adopting a Fireworks Policy, on SECOND READING

10.4 Public Works

10.4.1 Discuss Meter Cluster Project – Presentation by Alton Hethcoat 10.4.2 Discuss Jones Creek Lift and Lagoon Contact Chamber Project – Presentation

by Alton Hethcoat 10.4.3 Discuss the Middlecoff Lift Station Trunk Repair Project – Presentation by

Alton Hethcoat 10.4.4 Discuss the Cemetery Maintenance Contract Bid Tab Staff Recommendation 10.4.5 A Motion to approve the UT Martin Somerville Center Parking Lot

Specifications 10.4.6 A Motion to approve the Traffic Signal Maintenance Contract Specifications 10.4.7 A Motion to approve Change Order #1 for the Bedwell/Williston Water

Project 10.4.8 A Motion to hire one new full time Public Works Employee in July 2018

Staff Recommendation

11. Unfinished Business

12. New Business

12.1 A Motion to reschedule the July Workshop to Monday, July 10, 2016 at 6:00 PM, immediately prior to the regularly scheduled Board Meeting

12.2 Discuss adding another employee to the gas department – Mike French 12.3 Discuss advertising the Town of Somerville and the Gas Department – Mike French 12.4 Discuss sidewalks on Jernigan Road – Mike French

13. Adjourn

SOMERVILLE BOARD OF MAYOR AND ALDERMEN MEETING OF MAY 8, 2017 Mayor Neill called the May 8, 2017 regular meeting of the Somerville Board of Mayor and Aldermen to order at 7:02 PM in the board room at Somerville City Hall. The Opening Prayer and the Pledge of Allegiance to the American Flag were led by Bob Turner. Present at the meeting were Mayor Ronnie Neill, Vice Mayor Sandra Myers, Alderman Mike French, Alderman James Lofties, Alderman Jason Lee Hamilton and Alderman Judy Accardi. Absent was Alderman John David Douglas. Also in attendance were City Administrator Bob Turner, Sergeant‐at‐Arms Police Chief David Webb, Community Planning Director Blake Walley, City Attorney Tom Minor and UTMS Center Project Architect Ellen Wadley. The Minutes of the April 4, 2017 Special Called Board Meeting and the April 10, 2017 Regular Board Meeting were approved by acclamation. First on the agenda was a discussion about Change Orders 5, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 and 21 for the UT Martin Somerville Center. Ms. Wadley reviewed the list of items on the list with the board one by one. Change orders which were declined by Ms. Wadley at her request were 11, 12, 17, 18 and 20, 20 being a future credit which she feels should have been more than indicated. After some discussion a Motion was made by Alderman Hamilton and seconded by Alderman French to approve Change Orders 5, 9, 10, 13, 14, 15, 16, 19 and 21 for a total of $31,093.91. All voted aye. Motion carried. A Motion was made by Vice‐Mayor Myers and seconded by Alderman Lofties to adopt Ordinance 2017‐003, and Ordinance Establishing an Open Records Policy on SECOND READING. All voted aye. Motion carried. A Motion was made by Alderman Hamilton and seconded by Alderman French to adopt Ordinance 2017‐005, an Ordinance adopting the Annual Budget and Tax Rate for the Fiscal Year beginning July 1, 2017 and ending June 30, 2018, on FIRST READING and including in the budget a 3% across the board cost of living increase and adding the Public Works Director’s Position back into the budget. All voted aye. Motion carried. A Motion was made by Alderman French and seconded by Vice‐Mayor Myers to approve Resolution 04‐2017, the City Hall Rental Agreement for the FY18 Budget. All voted aye. Motion carried. A Motion was made by Alderman French and seconded by Alderman Accardi to approve the Healthy Built Environment Grant and to purchase exercise equipment for the Walking Trail using competitive quotes at the UTMS Center. All voted aye. Motion carried. A Motion was made by Alderman Accardi and seconded by Alderman Hamilton to approve hiring one Police Officer to replace an officer who has taken another job. All voted aye. Motion carried. A Motion was made by Alderman Hamilton and seconded by Vice‐Mayor Myers to adopt Ordinance 2017‐004, an Ordinance Amending Title 4 Chapter 3 of the Town of Somerville Municipal Code, Occupational Safety and Health, TOSHA, on FIRST READING. All voted aye. Motion carried.

A Motion was made by Alderman Hamilton and seconded Alderman Lofties to adopt Ordinance 2017‐006, an Ordinance adopting a Fireworks Policy, on FIRST READING. All voted aye. Motion carried. A Motion was made by Vice‐Mayor Myers and seconded by Alderman Hamilton to approve Change Order #1 for the Gas Reliability Phase 4 Project. All voted aye. Motion carried. A Motion was made by Alderman Accardi and seconded by Alderman Lofties to adopt Resolution 05‐2017, a Resolution adopting the Drought Management Plan for the Town of Somerville. All voted aye. Motion carried. After some discussion, A Motion was made by Vice‐Mayor Myers and seconded by Alderman Accardi to approve creating a new position called Public Works Operations Manager which will be hired or promoted from within by the City Administrator. Voting aye were, Mayor Neill, Vice‐Mayor Myers, Alderman Lofties, Alderman French and Alderman Accardi. Voting no was Alderman Hamilton. Motion carried. A Motion was made by Alderman Hamilton and seconded by Alderman Lofties to hire an employee to replace the employee promoted to Public Works Operations Manager. All voted aye. Motion carried. A Motion was made by Vice‐Mayor Myers and seconded by Alderman Accardi to hire an Equipment Operator for the Streets Department to replace an employee who has resigned and to pay this person $15 per hour to start. All voted aye. Motion carried. A Motion was made by Alderman French and Seconded by Alderman Hamilton to approve the expenditure of $5,971.54 for Print Solutions to print and distribute the Public Awareness Flyer commonly known as the “Skunk Flyer” to comply with regulations regarding Public Awareness of Natural Gas for the Gas Department. All voted aye. Motion carried. A Motion was made by Alderman Hamilton and seconded by Vice‐Mayor Myers to approve an Emergency Expenditure of $7,613.00 for the Emergency Repair of the Helipad and Wind Sock electricity at the UTMS Center. All voted aye. Motion carried. There being no more business before the board, the meeting adjourned at 8:36 PM by acclamation. ____________________________________ ________________________________________ Mayor Ronnie Neill ATTEST: Robert D. Turner, City Administrator

RESOLUTION 06‐2017 A RESOLUTION ESTABLISHING BASE PAY AND CAPS FOR ALL EMPLOYEES OF THE TOWN OF SOMERVILLE

WHEREAS; the Town of Somerville board of Mayor and Aldermen wishes to establish a new Base Pay with Salary Caps for all employees of the Town of Somerville; NOW THEREFORE BE IT RESOLVED; THAT: The Board of Mayor and Aldermen of the Town of Somerville, Tennessee shall establish new Base Pay and Salary Caps for each employee of the Town as follows:

Position Base Pay Salary Cap

City Administrator $72,800 $93,600

Community Planning Director $41,600 $62,400

CMFO $16.00 $24.00

Human Resources $16.00 $24.00

Utility Billing Supervisor $16.00 $24.00

Utility Billing Clerk $12.00 $16.00

Payroll $12.00 $16.00

Police Chief $52,000 $72,800

Police Assistant Chief $41,600 $52,000

Police Sergeant $19.00 $22.00

Police Officer - 3+ Years of Experience $17.00 $20.00

Police Officer - Certified < 3 Years $16.00 $18.00

Police Officer - No Experience $14.00 $14.00

Court Clerk $12.00 $16.00

Fire Chief $52,000 $72,800

Fire Captain/EMT Advanced $15.00 $18.00

Fireman/EMT Advanced $14.00 $17.00

Public Works Director $62,400 $83,200

Public Works Operations Manager $52,000 $72,800

GIS Coordinator $20.00 $30.00

Inventory Control $12.00 $16.00

Streets - Manager $18.00 $25.00

Streets - Assistant Manager $16.00 $20.00

Streets - Equipment Operator $15.00 $20.00

Streets - Team $12.00 $16.00

Sewer - Lagoon Manager $16.00 $24.00

Sewer - Collections Manager $16.00 $24.00

Sewer - Team with Certificates $15.00 $20.00

Sewer - Team $12.00 $16.00

Water - Manager $18.00 $25.00

Water - Plant Manager $16.00 $24.00

Water - Distribution $16.00 $24.00

Water - Team with Certificates $15.00 $20.00

Water - Team $12.00 $16.00

Gas - Manager $18.00 $25.00

Gas - Assistant Manager $16.00 $20.00

Gas - Team with Certificates $15.00 $20.00

Gas - Team $12.00 $16.00

Gas - Locator $12.00 $16.00

Meter - Manager $18.00 $25.00

Meter - Team $12.00 $16.00

THAT: The City Administrator, with input from individual managers of each department, may, at his or her discretion recommend to the Board of Mayor and Aldermen individual hourly pay adjustments for employees and those recommendations shall not to exceed the salary cap for each position; and THAT: The Board of Mayor and Aldermen may, at its discretion, approve the individual pay increases as presented by the City Administrator for each employee or, at their discretion, suggest their own individual pay adjustments; and THAT: The Board of Mayor and Aldermen, as part of the annual budget, may suggest a cost of living increase for all or some employees but are not required to do so due to budget constraints or any other reason they deem reasonable; and THAT: Once an employee has reached the Salary Cap for a certain position, he/she shall only be eligible for the annual Cost of Living pay increase approved by the Board of Mayor and Aldermen as part of the annual budget and shall not be eligible for any additional individual hourly pay increases unless approved by the Board of Mayor and Aldermen;

Approved this 13th day of June, 2017

___ ____ ___ Ronnie Neill, Mayor ATTEST: Robert D. Turner, City Administrator

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ORDINANCE NO. 2017‐005

AN ORDINANCE OF THE TOWN OF SOMERVILLE, TENNESSEE ADOPTING THE ANNUAL BUDGET AND TAX RATE FOR THE

FISCAL YEAR BEGINNING JULY 1, 2017 AND ENDING JUNE 30, 2018

WHEREAS, Tennessee Code Annotated Title 9 Chapter 1 Section 116 requires that all funds of the State of Tennessee and all its political subdivisions shall first be appropriated before being expended and that only funds that are available shall be appropriated; and

WHEREAS, the Municipal Budget Law of 1982 requires that the governing body of each

municipality adopt and operate under an annual budget ordinance presenting a financial plan with at least the information required by that state statute, that no municipality may expend any moneys regardless of the source except in accordance with a budget ordinance and that the governing body shall not make any appropriation in excess of estimated available funds; and

WHEREAS, the Board of Mayor and Aldermen has published the annual operating budget and

budgetary comparisons of the proposed budget with the prior year (actual) and the current year (estimated) in a newspaper of general circulation not less than ten (10) days prior to the meeting where the Board will consider final passage of the budget.

NOW THEREFORE BE IT ORDAINED BY THE BOARD OF MAYOR AND ALDERMEN OF THE TOWN OF SOMERVILLE, TENNESSEE AS FOLLOWS: SECTION 1: That the governing body estimates anticipated revenues of the municipality from

all sources to be as follows for Fiscal Year 2018:

FY16 FY17 FY18

General Fund Actual Estimated Projected

Local Taxes $1,268,774 $1,301,200 $1,245,700

Licenses & Permits $54,667 $18,000 $14,250

Intergovernmental $373,318 $373,660 $740,300

Charges & Services $64,369 $53,250 $114,000

Fines, Forfeitures $148,711 $226,926 $212,000

Other Revenue $5,518,916 $1,551,178 $484,908

Bond Proceeds $0 $695,000 $0

Total Revenue $7,428,755 $4,219,214 $2,811,158

Beginning Fund Balance $1,245,580 $1,676,183 $1,567,072

Total Available Revenue $8,674,335 $5,895,397 $4,378,230

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FY16 FY17 FY18

Drug Fund Actual Estimated Projected

Sales of Seized Vehicles $1,457 $5,000 $1,000

Seized Property $0 $3,000 $5,000

Drug Related Fines $2,480 $3,500 $2,000

Interest $17 $16 $15

Other Funding Sources $3,605 $7,500 $0

Total Revenue $7,559 $19,016 $8,015

Beginning Fund Balance $15,392 $17,545 $31,561

Total Available Revenue $22,951 $36,561 $39,576

FY16 FY17 FY18

Street Aid Fund Actual Estimated Projected

State Gas and Motor Fuel Tax $74,071 $88,000 $106,000

3% Gas Tax Increase $17,290 $6,300 $6,300

Interest & other Revenue $481 $0 $0

Total Revenue $91,842 $94,300 $112,300


Total Available Revenue $106,873 $137,873 $191,360

FY16 FY17 FY18

Solid Waste Actual Estimated Projected

Operating Revenue $509,594 $527,500 $527,000

Non‐Operating Revenue $3,260 $1,500 $1,500

Total Revenue $512,854 $529,000 $528,500


Total Available Revenue $1,029,646 $929,225 $940,663

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FY16 FY17 FY18

Water Fund Actual Estimated Projected



Total Revenue $918,110 $914,820 $898,500



FY16 FY17 FY18

Sewer Fund Actual Estimated Projected



Total Revenue $824,944 $769,950 $1,221,500



FY16 FY17 FY18

Gas Fund Actual Estimated Projected

Operating Revenue $3,511,252 $3,398,675 $4,291,500


Total Revenue $3,569,688 $3,467,519 $4,337,388



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SECTION 2: That the governing body appropriates from these anticipated revenues and unexpended and unencumbered funds as follows:

FY16 FY17 FY18

General Fund Actual Estimated Projected

Legislative $14,174 $9,840 $14,086

Building Department $9,842 $51,091 $29,026

City Recorder $72,979 $79,355 $67,301

General Government BLDG $5,403,726 $150,660 $71,500

Police $921,150 $926,502 $1,031,323

Fire $367,950 $410,240 $458,483

Public Works $292,902 $298,776 $984,747

Cemetery $18,433 $52,661 $25,455

Recreational & Cultural $26,852 $36,700 $57,200

Library $10,500 $10,000 $10,000

UT Martin Somerville Center $0 $2,302,500 $494,450

Total Appropriations $7,138,508 $4,328,325 $3,243,571

Surplus/(Deficit) $290,247 ‐$109,111 ‐$432,413

Other Financing Sources $140,356 $0 $0

Ending Fund Balance $1,676,183 $1,567,072 $1,134,659

FY16 FY17 FY18

Drug Fund Actual Estimated Projected

Drug Fund Department $5,406 $5,000 $10,500

Total Appropriations $5,406 $5,000 $10,500

Surplus/(Deficit) $2,153 $14,016 ($2,485)

Ending Fund Balance $17,545 $31,561 $29,076

FY16 FY17 FY18

Street Aid Fund Actual Estimated Projected

Street Aid Department $63,300 $58,813 $138,523


Surplus/(Deficit) $28,542 $35,487 ($26,223)


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FY16 FY17 FY18

Solid Waste Actual Estimated Projected

Personnel $109,702 $128,454 $116,188

Operations $394,894 $405,004 $425,741


Surplus/(Deficit) $8,258 ‐$4,458 ‐$13,429


Depreciation (Added) $15,079 $16,396 $16,396


FY16 FY17 FY18

Water Fund Actual Estimated Projected

Personnel $192,449 $215,884 $255,192

Operating Expenses $410,820 $568,841 $1,607,534

Non‐Operating Expenses $49,902 $49,068 $49,068

Debt Service $43,559 $43,944 $44,728

Total Appropriations $696,730 $877,737 $1,956,522

Surplus/(Deficit) $221,380 $37,083 ‐$1,058,022



FY16 FY17 FY18

Sewer Fund Actual Estimated Projected

Personnel $192,750 $216,974 $193,164

Operating Expenses $442,977 $456,066 $1,146,715


Debt Service $109,083 $108,919 $112,010

Total Appropriations $876,563 $909,827 $1,579,194

Surplus/(Deficit) ‐$51,619 ‐$139,877 ‐$357,694



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FY16 FY17 FY18

Gas Fund Actual Estimated Projected

Personnel $781,750 $760,772 $895,040

Operating Expenses $2,274,156 $3,182,151 $4,440,888


Debt Service $21,285 $22,317 $23,402

Total Appropriations $3,193,542 $4,089,877 $5,482,882

Surplus/(Deficit) $376,146 ‐$622,358 ‐$1,145,494



SECTION 3: At the end of the current fiscal year the governing body estimates balances/

(deficits) as follows: General Fund $1,134,659 State Street Aid Fund $52,837 Drug Fund $29,076 Solid Waste Fund $415,130 Water Fund $1,206,062

Sewer Fund $1,359,377 Gas Fund $6,135,702

SECTION 4: That the governing body recognizes that the municipality has bonded and other

indebtedness as follows:

Bonded or Other Indebtedness

Debt Principal Interest Requirements

Debt Authorized and

Unissued

Principal Outstanding at

June 30

Bonds Notes Capital Leases Other Debt

$4,924,377 $734,888__ $________ $________

$2,171,175 $7,249___ $________ $________

$________ $________ $________ $________

$4,715,975 $647,632_ $________ $________

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SECTION 5: During the coming fiscal year the governing body has planned capital projects and proposed funding as follows:

Proposed Capital Projects

Proposed Amount Financed by

Appropriations

Proposed Amount Financed by Debt

POLICE VEHICLES (2) 60,000 0

BODY CAMERAS 7,500 0

FIRE STATION PROJECT DEVELOPMENT 15,000 0

TRANSPORTATION ALTERNATIVES GRANT 500,000 0

138 W. MARKET STREET PARKING LOT 50,000 0

STREET PAVING PROJECT 126,000 0

LEFT TURN SIGNALS ON HWY 64 15,000 0

UT MARTIN SOMERVILLE DEMOLITION OF REAR 100,000 0

UT MARTIN SOMERVILLE CONSTRUCTION 250,000 0

UT MARTIN SOMERVILLE HVAC UV UPGRADE 10,000 0

UT MARTIN LED ENTRANCE SIGN 12,500 0

UT MARTIN SOMERVILLE ADDITIONAL IMPROV 50,000 0

PICKUP TRUCK 1/2 TON – PUBLIC WORKS 35,000 0

TRIMBLE DEVICE FOR GIS 10,000 0

GAS RELABILITY PHASE 4 ‐ CONTINUED 250000 0

GAS RELIABILITY PHASE 5 1,000,000 0

GAS RENOVATION OLD ELECTRIC BLDG 100,000 0

REGULATOR CHART BOXES (9) 15,000 0

PICKUP TRUCK 1/2 TON – GAS (2) 70,000 0

PICKUP TRUCK ONE‐TON ‐ SEWER 48,000 0

CONTACT CHAMBER REPLACEMENT ‐ LAGOON 75,000 0

JONES CREEK LIFT STATION UPGRADE 100,000 0

2017 CDBG SEWER PROJECT 500,000 0

PICKUP TRUCK 1/2 TON ‐ WATER 35,000 0

WILLISTON WATER PROJECT CONTINUED 500,000 0

WATER RELIABILITY PHASE 2 450,000 0

TOWN SQUARE WATER MODELING PROJECT 125,000 0

SECTION 6: No appropriation listed above may be exceeded without an amendment of the

budget ordinance as required by the Municipal Budget Law of 1982 T.C.A. Section 6‐56‐208. In addition, no appropriation may be made in excess of available funds except to provide for an actual emergency threatening the health, property or lives of the inhabitants of the municipality and declared by a two‐thirds (2/3) vote

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of at least a quorum of the governing body in accord with Section 6‐56‐205 of the Tennessee Code Annotated.

SECTION 7: Money may be transferred from one appropriation to another in the same fund in an amount of up to $1,000 by the Mayor, subject to such limitations and procedures as set in the Budget Policy adopted by the Board of Alderman in Ordinance No. 2017‐005 adopted on June 13, 2017 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 8: A detailed financial plan will be attached to this budget and become part of this

budget ordinance. In addition, the published operating budget and budgetary comparisons shown by fund with beginning and ending fund balances and the number of full time equivalent employees required by Section 6‐56‐206, Tennessee Code Annotated will be attached.

SECTION 9: There is hereby levied a property tax of $ 0.6802 per $100 of assessed value on all

real and personal property. SECTION 10: This annual operating and capital budget ordinance and supporting documents

shall be submitted to the Comptroller of the Treasury or Comptroller’s Designee for approval if the City has notes issued pursuant to Title 9, Chapter 21, Tennessee Code Annotated or loan agreements with a public building authority issued pursuant to Title 12, Chapter 10, Tennessee Code Annotated approved by the Comptroller of the Treasury or Comptroller’s Designee within fifteen (15) days of its adoption. This budget shall not become the official budget for the fiscal year until such budget is approved by the Comptroller of the Treasury or Comptroller’s Designee in accordance with Title 9, Chapter 21, Tennessee Code Annotated (the “Statutes”.) If the Comptroller of the Treasury or Comptroller’s Designee determines that the budget does not comply with the Statutes, the Governing Body shall adjust its estimates or make additional tax levies sufficient to comply with the Statutes, or as directed by the Comptroller of the Treasury or Comptroller’s Designee. If the City does not such debt outstanding, it will file this annual operating and capital budget ordinance and supporting documents with the Comptroller of the Treasury or Comptroller’s Designee.

SECTION 11: All unencumbered balances of appropriations remaining at the end of the fiscal

year shall lapse and revert to the respective fund balances. SECTION 12: All ordinances or parts of ordinances in conflict with any provision of this ordinance

are hereby repealed. SECTION 13: This ordinance shall take effect July 1, 2017, the public welfare requiring it.

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FIRST READING: MAY 8, 2017

SECOND READING: JUNE 13, 2017

_____________________________

Mayor Ronnie Neill

SEAL

______________________________________

ATTEST: City Administrator Robert D. Turner

LIST OF SURPLUS VEHICLES AND EQUIPMENT TO SELL AT AUCTION ON GOVDEALS

SOLD IMMEDIATELY

2000 Chevy Flat Bed Brush Truck (Fire Department) – VIN Ending 93439

Two NEW Tool Boxes (Gas)

Water Meter Risers (Water)

Public Works Surplus Scrap (Streets) – Sell for Scrap

Ditch Witch Trailer (Gas) ‐ recently replaced SOLD WHEN REPLACED

2009 Ford F150 Super Cab (Gas Locator) – VIN Ending 71027

2011 Chevy Silverado 1500 Pick‐Up (Gas) – VIN Ending 02807

2007 GMC Sierra Pick‐Up (Streets) – VIN Ending 88203

2009 GMC 2500 Pick‐Up (Sewer) – VIN Ending 23709

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SOMERVILLE MUNICIPAL CODE TITLE 14, CHAPTER 2 ZONING ORDINANCE

SOMERVILLE, TENNESSEE 5‐11‐16 Draft

TABLE OF CONTENTS Page numbers are for editing purposes only

Part 1 Authority & Applicability 3 Part 2 Board of Zoning Appeals 6 Part 3 Design Review Commission 9 Part 4 Design Review Guidelines 10 Part 5 Site Plan 15 Part 6 General Provisions 21

14‐2‐601 Continuance of Non‐Conforming Use 14‐2‐602 Reduction in Required Lot Dimensions Prohibited 14‐2‐603 Off‐Street Loading Space 14‐2‐604 Street Access Control 14‐2‐605 Minimum Street Frontage 14‐2‐606 Trailers or Manufactured Homes 14‐2‐607 Modular Home Regulations 14‐2‐608 Junkyards & Salvage Yards 14‐2‐609 Visual Obstructions at Street Intersections 14‐2‐610 Privacy Fences 14‐2‐611 Lighting Requirements 14‐2‐612 Only One Principal Building on any Lot

Part 7 Parking 26 Part 8 Signs 28 Part 9 Landscaping 29 Part 10 Establishment of Districts 33 Part 11 Residential Districts 34 14‐2‐1101 RR Rural Residential 14‐2‐1102 LDR Low Density Residential 14‐2‐1103 HDR High Density Residential 14‐2‐1104 MFR Multifamily Residential

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14‐2‐1105 MHP Manufactured Home Park 14‐2‐1106 Residential Uses Permitted by Appeal & Prohibited Uses 14‐2‐1107 Residential Lot Standards 14‐2‐1108 RD Redevelopment Part 12 Commercial Districts 45 14‐2‐1201 CB Central Business 14‐2‐1202 NB Neighborhood Business 14‐2‐1203 GB General Business 14‐2‐1204 LM Light Manufacturing 14‐2‐1205 HM Heavy Manufacturing Part 13 Planned Unit Development – PUD 50 Part 14 Communication Towers 54 Part 15 Enforcement 57 Part 16 Permit & Fee Schedule 59 Part 17 Definitions 62 Table 1 Permitted Zoning Uses 69

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PART 1 AUTHORITY & APPLICABILITY

SECTIONS 14‐2‐101 Authority 14‐2‐102 Zoning Enactment 14‐2‐103 Severability 14‐2‐104 Terminology 14‐2‐105 Amendments 14‐2‐106 Definitions 14‐2‐107 Permit Procedures

14‐2‐101 AUTHORITY – The action of the Town of Somerville, Tennessee in the adoption of this Zoning Ordinance is authorized under the State of Tennessee, Tennessee Code Annotated (“TCA”) 13‐7‐202. 14‐2‐102 ZONING ENACTMENT – For the general purposes of promoting the health, safety, and general welfare of the citizens of Somerville, Tennessee, the Town of Somerville Board of Mayor and Aldermen hereby ordains, adopts and enacts this Zoning Ordinance in its entirety which shall be known as the Town of Somerville, Tennessee Zoning Ordinance (“Zoning Ordinance”), and shall be Chapter 2 of Title 14 of the Somerville Municipal Code. This Zoning Ordinance shall apply to all real property lying within the confines of the corporate limits of Somerville, Tennessee, as shown on the current zoning map. 14‐2‐103 SEVERABILITY – If any portion or provision of this Ordinance is held or adjudicated to be invalid or unenforceable for any reason, each such portion or provision shall be severed from the remaining portions or provisions of this Ordinance, and the remaining portions or provisions shall be unaffected and remain in full force and effect. 14‐2‐104 TERMINOLOGY – As the context may require in this Ordinance: (1) the singular shall include the plural and vice versa; (2) all pronouns shall mean and include the person or entity to which they relate; (3) the present tense includes the future and vice versa; and (4) the masculine shall include the feminine and vice versa.

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14‐2‐105 AMENDMENTS – The regulations, restrictions, and boundaries set forth in this Zoning Ordinance may from time to time be amended, supplemented, changed, or repealed by the Town of Somerville Board of Mayor and Aldermen. Prior to consideration by the Board of Mayor and Aldermen, the Planning Commission shall consider all proposed amendments and report their opinion on the proposed amendment to the Board of Mayor and Aldermen. Petitions to consider amendments may be submitted to the Planning Commission by any official, board, or any other person with standing in the community. Prior to adopting any amendment, the Town of Somerville Board of Mayor and Aldermen shall hold a public hearing thereon, at least 15 days’ notice of the time and place of which shall be given by at least one publication in a newspaper of general circulation in the Town. Any such proposed amendment shall be published at least once in a newspaper of general circulation in the Town, or if at the discretion of the Board of Aldermen, the amendment is too large to allow printing in a newspaper, a copy of the proposed amendment shall be made available to the public at the Somerville City Hall. A fee, as determined appropriate by the Town of Somerville Board of Mayor and Aldermen and payable at the time of filing of any petition or request for amendment consideration, shall be posted with requests to amend a provision or provisions of this Zoning Ordinance. The fee is to be used by the Town to defray costs resulting from such action and any subsequent amendment of the Zoning Ordinance. 14‐2‐106 DEFINITIONS – Definitions for terms in this Zoning Ordinance that are technical in nature or that otherwise may not reflect a common usage of the term are defined within the Definitions Part of this Zoning Ordinance. Generally, those terms that are specifically defined in the Definitions Part shall be highlighted in italics to indicate that a definition specific to this Ordinance is included; however, failure to italicize terms shall not be construed to indicate the absence or applicability of said defined terms. Terms not specifically defined in this Zoning Ordinance shall be accorded their commonly accepted meanings. However, notwithstanding the above, interpretations of the definitions and terminology within this Ordinance shall be made by the Town Planner and said interpretations shall be enforceable and final. 14‐2‐107 PERMIT PROCEDURES

1. Administrative Approval – Single Family Residential Dwellings, their Accessory Buildings, and signs not requiring inspections, along with any use

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determined to be a use by right and which does not result in a change of any existing building footprint may be permitted administratively without review by any Board. Administrative Permit Determinations may be appealed to the Planning Commission.

2. Planning Commission Approval ‐ A Permit for any Use not eligible for Administrative Determination or Determination by the Board of Zoning Appeals shall be adjudicated by the Planning Commission. Determinations by the Planning Commission may be appealed to the Somerville Board of Mayor and Aldermen.

3. Design Review Commission Approval ‐ A Permit which requires Site Plan approval for any multifamily residential or non‐residential Use shall not be issued until the Design Review Commission determines such usage falls within the scope and intent of the Design Review Guidelines as defined within this Zoning Ordinance. Determinations by the Design Review Commission may be appealed to the Town of Somerville Board of Mayor and Aldermen.

4. Board of Zoning Appeals Approval ‐ A Permit for any Use which is identified as Permissible by Appeal or requiring a Variance or Special Exception shall be adjudicated by the Board of Zoning Appeals. Determinations by the Board of Zoning Appeals are only appealable by a Writ of Certiorari to a court of competent jurisdiction.

5. The Town of Somerville Board of Mayor and Aldermen Approval ‐ Any Zoning District change, Planned Unit Development Permit, Subdivision Permit, or Determination Appeals of the Planning Commission or Design Review Commission shall be adjudicated by The Town of Somerville Board of Mayor and Aldermen, whose determinations may be appealed by a Writ of Certiorari.

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PART 2 BOARD OF ZONING APPEALS ‐ BZA

SECTIONS 14‐2‐201 Creation & Appointment 14‐2‐202 Procedure 14‐2‐203 Parties & Procedure for Appeals 14‐2‐204 Powers & Duties 14‐2‐201 CREATION & APPOINTMENT – The Board of Zoning Appeals (“BZA”) is hereby established in accordance with TCA 13‐7‐205. Members and Officers of the BZA shall be coincidental with the Planning Commission, with members serving concurrently with membership within the Planning Commission. 14‐2‐202 PROCEDURE – BZA Meetings shall be held at the call of the Chairman, or at other such times as requested by a majority of the membership of the BZA. All meetings and deliberations by the BZA shall be open to the public. The BZA shall adopt rules of procedures and shall keep records of applications and action thereon, which shall be a public record. The BZA shall record statements of reasons for the board’s actions as part of each motion or action, including such findings of fact and statements of material evidence as the board may deem pertinent. 14‐2‐203 PARTIES & PROCEDURE FOR APPEALS – Appeals to the BZA may be taken by any person aggrieved or by any officer, department, board or bureau of the Town affected by any grant or refusal of a building permit or other act or decision of an administrative official based in whole or part upon the provisions of this Zoning Ordinance. Any entity filing for an appeal with the BZA shall specify the grounds for appeal in writing to the BZA. The BZA shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, parties may appear and be heard in person or by their appointed agent. 14‐2‐204 POWERS & DUTIES – The BZA is empowered with the authority to make decisions regarding:

1. Special Exceptions – The BZA shall hear and adjudicate special exceptions to the terms of this Zoning Ordinance. Particular care shall be taken to limit

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permitted businesses to those specifically listed in Table 1; however, it must be recognized that over time, new uses or variations of uses develop that may not be expressly allowed currently, and when encountered with uncertainty or uses without established precedents, the BZA shall make determinations based on the Zoning Ordinance’s general purpose and intent, subject to the principles, standards, rules, conditions and safeguards herein set forth. Additionally, the BZA shall adjudicate uses not inherently inconsistent with the intent and purpose of particular zones, but could create special problems or hazards if allowed to develop and locate as a use by right. These uses are permitted by approval of a Special Exception by the Board of Zoning Appeals (BZA) upon review of the criteria established herein, and upon consideration of numerous factors, such as traffic flow, noise, quality of life issues for adjacent neighborhoods, etc.

2. Administrative Review – The BZA shall hear and adjudicate appeals upon allegation by the appellant that there exists an error in any order, requirement, permit, decision, determination or refusal made by the Building Inspector or other administrative official in the consideration or enforcement of any provision of the Zoning Ordinance, or for interpretation of specific provisions of the Zoning Map or Zoning Ordinance.

3. Variances – The BZA shall hear and adjudicate applications for variance from the terms of the Zoning Ordinance, but only where by reason of exceptional shape of a specific property which at the time of the adoption of this Zoning Ordinance was a lot of record; or where by reason of exceptional topographic conditions or other extraordinary or exceptional situations or conditions of a specific parcel, the strict application of the provisions of the Zoning Ordinance would result in exceptional practical difficulties to or exceptional and undue hardship upon the owner of such property, provided that such relief may be granted without detriment to the public good and the intent and purpose of the Zoning Ordinance. Financial disadvantage to the property owner is not to be considered as adequate hardship within the purpose of the Zoning Ordinance. A. In granting variances, the BZA may attach thereto such conditions

regarding the location, character and other features of the proposed building, structure or use as it may deem advisable in consideration of the purpose of the Zoning Ordinance.

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B. Prior to granting any variance, it shall be shown that circumstances exist which do not generally apply to other properties in the general neighborhood.

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PART 3 DESIGN REVIEW COMMISSION

14‐2‐301 Creation & Appointment 14‐2‐302 Procedure 14‐2‐303 Powers & Duties 14‐2‐301 CREATION & APPOINTMENT – The Design Review Commission is hereby established in accordance with TCA Section 6‐54‐133 and the Town of Somerville Board of Mayor and Aldermen Ordinance 09.009 as executed November 9, 2009. Members and Officers of the Design Review Commission shall be coincidental with the Planning Commission, with members serving concurrently with membership within the Planning Commission. 14‐2‐302 PROCEDURE – Design Review Commission Meetings shall be held at the call of the Chairman, or at other such times as requested by a majority of the membership of the Design Review Commission. All meetings and deliberations by the Design Review Commission shall be open to the public. The Design Review Commission shall adopt rules of procedures and shall keep records of applications and action thereon, which shall be a public record. 14‐2‐303 POWERS & DUTIES

1. The Design Review Commission shall develop and submit for approval by the Town of Somerville Board of Mayor and Aldermen a set of Design Review Guidelines for the exterior appearance of all nonresidential properties, multifamily residential properties, and nonresidential developments within the Town Limits of Somerville. The Design Review Committee shall be responsible for establishing, amending, and maintaining design regulations which reflect Somerville’s unique character and charm, while remaining consistent with state and local regulations.

2. The Design Review Commission shall be the adjudicating authority for all aspects of Site Plans that pertain to the Design Review Guidelines as defined with this Zoning Ordinance for all multifamily residential, nonresidential, or nonresidential development projects as defined within this Zoning Ordinance.

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PART 4 DESIGN REVIEW GUIDELINES

SECTIONS 14‐2‐401 Authority & Scope 14‐2‐402 Purpose 14‐2‐403 Architectural 14‐2‐404 Landscaping 14‐2‐405 Screening & Fencing 14‐2‐406 Lighting 14‐2‐407 Signage 14‐2‐408 Miscellaneous 14‐2‐401 AUTHORITY & SCOPE – In accordance with the Somerville Design Review Commission Bylaws, the hereinbelow Design Review Guidelines (“Guidelines”) will be utilized to enhance the visual appearance and living environment of the Town of Somerville through effective design, landscaping, and control of visual clutter. Adherence and acknowledgement of these Guidelines will be a requirement prior to issuance of building permits for nonresidential properties, multifamily residential properties, and nonresidential developments within the Town Limits of Somerville. One and two family detached residences are not affected by these Guidelines. These Guidelines are to be utilized as an associate set of guidelines in addition to and accompanying provisions in the current Zoning Ordinance. In the event that provisions within these Guidelines appear to conflict with provisions in the Zoning Ordinance, or any other similar set of requirements, the more stringent requirements will apply. 14‐2‐402 PURPOSE – The purpose of the establishment and utilization of these Guidelines is to:

1. Promote qualities in the environment that will sustain economic well‐being while maximizing potential for preservation of green space and open space throughout Somerville

2. Foster attractiveness and functional utility resulting in a rural, small town atmosphere where people desire to live, work, and relax

3. Preserve indigenous heritage by maintaining the integrity of discernible characters that contribute to this heritage

4. Safeguard public investment

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5. Raise the level of citizen expectations favoring the quality of Somerville’s unique charm

14‐2‐403 ARCHITECTURAL

1. Structures should be compatible or superior to established local character. 2. In most cases, buildings are not viewed in isolation, but rather in the

context of nearby buildings and sites. While architectural style may vary, buildings should be compatible with their environment with regard to massing, scale, proportion of openings, roof types, types of glazed openings, and degree of detail.

3. Building forms should be tailored to complement the existing or approved manipulations of the topography and site features.

4. Buildings should be oriented such that their main entrances are visible from the approach, unless the characteristics of the site result in an unacceptable burden.

5. Where a clearly established development character and scale exists, new infill development should include key design elements of adjoining buildings with respect to windows, doors, rhythm of bays, detailing, roof forms, materials, and colors.

6. Exterior colors should be earth tones and compatible with adjacent properties. Subdued, muted colors are preferred; bright colors may be permitted on a limited basis to achieve accent or contrast.

7. Buildings should have a defined base and cap. 8. Long, uninterrupted façade planes greater than 50’ should be avoided. 9. Window and door openings should have a vertical orientation and should

be vertically coordinated between floors. 10. The following are acceptable as exterior materials: brick, rock, tile, plaster,

stucco, glass and glazing, or other materials as deemed acceptable and in accordance with established historical contexts. Unacceptable exterior materials include standard block, prefabricated metal siding, and vinyl. Ground face masonry may be used as an accent only.

11. Primary façade materials should change at outside corners. Material changes should occur along a horizontal line or where two forms meet. It may be acceptable, however, for a change of materials as accent around windows, doors, cornice lines, at building corners, in a repetitive pattern, or to articulate an architectural theme.

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12. Exterior walls, excluding windows and doors, should be comprised primarily of one material. Complementary secondary materials are recommended to provide detail and scale.

13. The primary architectural treatment will normally be required only on the front of the building, with the exceptions of situations where the building is situated on an intersection, in which case exposed sides would be included. Sides and rear of buildings, as well as any accessory structures pertinent to the primary use, may be accentuated with similar materials as previously described. The primary material should extend over a minimum of 50% of the exterior wall.

14. Blank walls facing streets should be avoided. 15. Roof forms should be appropriate to the general design and scale and

should be applied to the entire roof. Flat roofs or low‐pitched roofs with parapet walls are encouraged for larger buildings. Alternative roof forms may be acceptable if deemed appropriate in consideration of a unique architectural style.

16. Roofs that are visible from the street should be finished with colors and features consistent with the architecture of the façade.

17. Rooftop units should be screened from all non‐aerial views and should be compatible in color and material with the overall building palette.

18. Service or loading areas should be located away from streets, be adequately screened, or appropriately designed as an attractive feature.

19. Prototype or franchise appearances shall reflect these architectural restrictions. National standard designs shall be adapted to complement the local context by careful siting, use of compatible materials, and prudent landscaping to appropriately blend with the neighborhood.

14‐2‐404 LANDSCAPING

1. Consideration for the use of native drought resistant species is strongly encouraged to reduce the need for aggressive irrigation systems.

2. Large areas of mulch, gravel, or bare soil should be avoided. 3. A minimum of 25% of all sites should be dedicated to vegetated landscape.

In certain cases, utilization of permeable pavement and other sustainable tools may be considered as a means of reducing the minimum Landscape Area.

4. Use of groundcover, shrubs, and understory trees is encouraged as a lower maintenance and higher impact treatment than predominant use of turf.

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5. Diseased, dead, or dying vegetation shall be professionally treated, or removed and replaced in accordance with the Site Plan.

14‐2‐405 SCREENING & FENCING

1. Screening should be utilized to soften transitional areas between land uses, and as nuisance barriers for service and loading areas, dumpsters, material storage areas, utility boxes, etc.

2. Screening may be composed of shrubs, understory trees, landscaped earthen berms, or constructed fencing.

3. Fences should not exceed 8 feet in height and may be composed of rock, masonry, durable wood, or ornamental metal. In some cases, the use of chain link (dark green or black only), plastic, or wire fencing may be considered.

4. Long, solid fencing should be softened by addition of shrubs or trees along the fence and turns should be accomplished using curves rather than sharp turns or corners.

5. Screens should not divert or impede natural water flow unless specifically designed for that purpose.

14‐2‐406 LIGHTING

1. Lighting guidelines do not apply to street lighting which is subject to subsequent ownership by the Town of Somerville.

2. LED lighting is encouraged as an energy and cost saving tool. 3. The lighting plan should complement the surrounding features with

minimum adverse impact on adjacent properties and the public realm. 4. Lighting levels should be as level as practical. 5. Light fixtures that cast light downward are preferred. 6. Warm lighting colors are preferred; blue‐white color is discouraged. 7. Lighting fixtures should be shielded to reduce glare. 8. Ornamental lighting is strongly encouraged with consistent poles and

fixtures throughout a development. 9. Concrete pole bases should not exceed 12 inches in height. 10. Ground‐mounted, pedestrian scale lighting and bollards should be

considered as an alternate to pole mounted lighting where practical. 14‐2‐407 SIGNAGE

1. Emphasis of signage should be on identification rather than advertising.

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2. Ground level signs should be located in consideration of traffic and pedestrian safety, street rights of way and setback requirements and should be complemented with the use of groundcover, flowers, shrubs, or other landscape or hardscape material to soften the presentation.

14‐2‐408 MISCELLANEOUS – The Design Review Commission shall review all aspects of the Site Plan and in addition to consideration of the hereinabove described Guidelines, the Design Review Commission shall review proper utilization of parking, buffering, erosion control, storm run‐off and any other factors deemed appropriate and in accordance with various provisions within the Somerville Zoning Ordinance.

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PART 5 SITE PLAN

SECTIONS 14‐2‐501 Site Plan Requirement 14‐2‐502 Pre‐Application Conference Recommended 14‐2‐503 Site Plan Contents 14‐2‐504 Site Plan Submittal & Adjudication 14‐2‐505 Approved Site Plan 14‐2‐501 SITE PLAN REQUIREMENT – A permit for construction or alteration of any multifamily residential or non‐residential use which results in the change of a building footprint or the use of which would require any inspection of any Real Property within the jurisdiction of the Town of Somerville will not be considered until a Site Plan is submitted, reviewed, and approved by the Design Review Commission, the Planning Commission, and/or the Board of Zoning Appeals in conformance with all applicable requirements. Single Family Residential Dwellings, Duplexes, and their Accessory Buildings, and signs not requiring inspections shall not be required to submit a formal Site Plan; however, a sketch of the projected Use, illustrating conformance with all lot standards, shall be required. The applicant may choose to submit application for any other related permits necessary to begin the anticipated project simultaneously, and all permits may proceed concurrently within the various permitting departments. If several permits are concurrently submitted, the various departments will determine if all applications can be considered simultaneously, or if the approval process requires any particular order of consideration. 14‐2‐502 PRE‐APPLICATION CONFERENCE RECOMMENDED – Prior to preparing a Site Plan, a pre‐application conference should be held with the Somerville Town Representative to review design guidelines, preliminary design proposals, and prepare to customize the Site Plan according to anticipated requirements of appropriate adjudicating authorities. It may also be advisable to conduct a portion of the pre‐application conference on site to address specific concerns. In certain cases, the Somerville Town Representative may recommend that some or all portions of the Site Plan be modified, reduced, or not required, depending on the scope of the action considered.

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14‐2‐503 SITE PLAN CONTENTS – The Site Plan must represent the character and objectives of the proposed project to the Design Review Commission and/or the Planning Commission in adequate detail for evaluation of the effects the proposed project would have on the subject property and surrounding area. The Burden of Proof shall rest with the applicant to provide the evidence required to show the Site Plan meets all standards to be assessed by the Design Review Commission and/or Planning Commission. Submitted Site Plans that lack pertinent data will result in unnecessary delays as the applicant makes modifications necessary for adequate review. All plans, architectural drawings, renderings, photographs, reports, or other documents, materials, or visual aids submitted at any point during the application and approval process will become part of the permanent record of any decision and will not be returned, unless special circumstances are deemed appropriate and at the sole discretion of the Design Review Commission and/or the Planning Commission. The Site Plan should exhibit the following existing conditions:

1. Scale, date, orientation, title of the project, and a vicinity map showing the location of the proposed project

2. Boundaries, dimensions, and acreage of the proposed project, along with identity of the map and parcel number of the subject property and a metes and bounds description of the property or acceptable plat

3. Location and dimensions of roads, easements, utilities, watercourses, drains, 100 year floodplain, and any other pertinent features or information pertaining to the subject property and nearby that should be considered and may be required by the Planning Department Representative

4. A complete census of trees on the affected area showing the location, species, and Diameter at Breast Height (DBH) of all trees with a DBH ≥ 8 inches. In certain cases, a census may be waived or modified, depending on local conditions as determined by the Planning Department Representative

The Site Plan should exhibit the following proposed conditions:

1. The footprint, floor plans, finished floor elevations expressed in feet above mean sea level, location, dimensions, and height of the proposed main and Accessory Buildings, their relation to each other and property boundaries, and to any existing structures to remain on site. If the property is within or near the 100 year floodplain, the floodplain and/or floodway should be clearly shown on the Site Plan, along with a precise measurement of the

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foundation and finished floor elevations of all proposed structures and proposed cut or fill area elevations and resulting contours using two foot contour interval representation for any area that could be affected by the floodplain or floodway

2. The ingress, egress, and internal circulation pattern for both vehicular and pedestrian traffic, including the location and dimensions of all existing and proposed streets, drives, paths and walkways, and the location, size, and number of parking spaces and the identification, location, and dimensions of service islands, service parking, and loading zones

3. Complete utilities proposal showing specific needs, locations and dimensions

4. Total project density for residential projects or building floor area by the use intended for commercial and industrial projects

5. Location, dimensions, and calculated area for all landscaping, open areas, and impermeable surface areas, including detailed summary of all landscaping materials and plants

6. Size, location, orientation, materials, and graphic portrayal of all signage 7. Location, size, height and detailed description of all exterior lighting 8. Location, dimensions, and calculated area of all trash collection areas 9. Architectural drawing showing the elevations of all proposed activities,

including but not limited to all superstructures and units on the roof or above the roofline, projections from walls, mechanical units, etc.

10. Exterior materials to be used shall be identified by type, location, texture, and color, with samples of each made available upon request by the Planning Department Representative

11. The location, dimensions, and type of screening for all mechanical units, utility services, etc.

12. Identification of additional roadway needs, including improvements necessary to adequately access and service the site. If deemed necessary, a Transportation Impact Study may be required to be conducted, at the applicant’s expense, to identify the traffic impacts and challenges that are likely to be generated by the proposed activity and to identify all improvements required to insure safe ingress and egress for the proposed project, elimination of hazards, and the maintenance of adequate street capacities.

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13. If the project is scheduled to be completed in phases, the phases will be identified showing portrayal of activities and anticipated progress for each phase and a projected time frame for each anticipated phase

14. A copy of the Storm Water Protection Plan (SWPP) and all other government related permits and requirements shall accompany the Site Plan, if applicable. If a SWPP, or other environmental related permit is not required for the project, Somerville may require specific drainage information, along with erosion control methodology and mitigation, if deemed necessary by the Somerville Planning Representative.

14‐2‐504 SITE PLAN SUBMITTAL & ADJUDICATION

1. Four copies of The Site Plan shall be submitted to the Town of Somerville, Department of Planning. The Site Plan should be completed on letter‐size paper with accompanying drawings as needed. Drawings should be exhibited on sheets no larger than 24”x36” using a standard engineering scale as large as practical. Names, addresses, phone numbers, fax numbers, email addresses, etc. should be included for all owners, applicants, developers, designers, etc. The filing of a Site Plan for approval constitutes an agreement with the owner, applicant, successors and assigns, that if the Site Plan is approved, subject property will remain in conformance with the approved Site Plan.

2. The Design Review Commission shall adjudicate all Site Plans for nonresidential properties, multifamily residential properties, and nonresidential developments. Dissatisfied or unsuccessful applicants may appeal decisions made by the Design Review Commission to the Town of Somerville Board of Mayor and Aldermen. The Design Review Commission may impose conditions deemed necessary to meet the spirit and intent of the Design Review Guidelines. In those instances where those conditions deemed necessary involve minimum requirements or standards set by the Zoning Ordinance, the conditions may be more restrictive than the minimum requirement or standard, but they may not be used as a substitute for a variance, or otherwise as a method of implementing standards that are less restrictive than those required by the Zoning Ordinance. These conditions may include, but are not limited to: A. Performance Standards B. Height or Elevation Limitations

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C. Minimum Setbacks, Open Space, Landscape Area, or Landscaping Requirements

D. Parking & Loading Requirements E. Signage Requirements F. Architectural Design Requirements

3. The Planning Commission shall be the adjudicating authority for all Site Plans submitted for consideration of single and two family residential projects.

14‐2‐505 APPROVED SITE PLAN

1. Upon final approval of the Site Plan, 4 sets of the approved SitePlans will be stamped with the Certificate of Approval and signed by an authorized Somerville Representative. One set will be returned to the applicant. Following approval of the Site Plan, but prior to the issuance of a Building Permit or Use and Occupancy Permit, as may be applicable, the applicant shall sign a Project Development Contract committing to completion of the proposed project in accordance with the approved Plan and other permits, submit to Somerville a proper performance guarantee if required, and pay all development fees. It is preferable that the applicant’s copy of the approved Site Plan be maintained on site during construction; however, it is recognized that circumstances may make this request impractical. Regardless, the applicant must maintain a copy of the approved Site Plan to insure that a copy of the Site Plan can be produced on site within 24 hours upon request. Failure to produce a copy of the Site Plan within 24 hours of a request shall be considered a violation.

2. Following the completion of any approved construction or modification, the properties shall be maintained to reflect the provisions of the approved Site Plan and shall include but are not limited to (a) buildings, appurtenances, and other features including signs and awnings shall be cleaned, painted, and repaired as necessary to maintain the spirit and intent of the Site Plan, (b) illuminated elements of the property shall be replaced as required, and (c) all properties shall be kept free from debris, refuse, and clutter and shall have the vegetation pruned and cut appropriately to maintain the desired effects as required within the approved Site Plan.

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3. Certification shall be required from the owner and trustee of the mortgage and shall serve as the commitment by the owner that the site shall be developed as shown on the approved Site Plan. Upon such certification by the owner, the approved Site Plan shall be recorded by the owner with the Fayette County Register’s Office and shall regulate the development of the subject parcel. If, during the process of construction, the Building Inspector notes variations from the approved Site Plan, he shall promptly notify the owner in writing of these variations and shall direct that the variations be corrected within a specified period. If, after proper notice by the Building Inspector, the owner has not complied with the provisions of the approved Site Plan, the Building Inspector shall have the authority to cite the owner to Municipal Court for violation of this ordinance.

4. The Building Inspector shall have the authority to authorize minor revisions to the approved Site Plan during the process of construction if, in his opinion, the revisions do not substantially alter the nature of the approved Site Plan, subject to the written concurrence of the Planning Director.

5. Where public improvements are required as a part of Site Plan approval, the developer shall enter into a Development Contract with the Town of Somerville for all required improvements. Such contracts shall be as provided for in the Somerville Subdivision Regulations and other technical specifications and shall be approved by the Board of Mayor and Aldermen. All development contracts shall cover 100% of the required public improvements by the developer and shall include a surety bond or irrevocable letter of credit for such public improvements.

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PART 6 GENERAL PROVISIONS

SECTIONS 14‐2‐601 Continuance of Non‐Conforming Use 14‐2‐602 Reduction in Required Lot Dimensions Prohibited 14‐2‐603 Off‐Street Loading Space 14‐2‐604 Street Access Control 14‐2‐605 Minimum Street Frontage 14‐2‐606 Trailers or Manufactured Homes 14‐2‐607 Modular Home Regulations 14‐2‐608 Junkyards & Salvage Yards 14‐2‐609 Visual Obstructions at Street Intersections 14‐2‐610 Privacy Fences 14‐2‐611 Lighting Requirements 14‐2‐601 CONTINUANCE OF NON‐CONFORMING USE – Within the Districts established by this Zoning Ordinance or Amendments that may later be adopted, there exist uses and/or structures which were lawful before this Zoning Ordinance was passed or amended, but which would be prohibited, regulated, or restricted under current restrictions. Except as noted otherwise within this Zoning Ordinance, any such uses shall be considered Non‐Conforming Uses and shall be permitted to continue in their existing condition; however, any structure or parcel which has been nonconforming, and which hereafter becomes vacant and remains vacant or is not used for a continuous period of 30 months or more is not to be occupied thereafter except by a conforming use and form as specified in the regulations of the zone in which such structure is located. Additional requirements for Non‐Conforming Uses include:

1. Any existing non‐conforming structure, parcel, or use may not be: A. Modified in any manner that would change the historic usage, except in

conformity. B. Removed and replaced with another non‐conforming circumstance C. Re‐established after discontinuance of 30 continuous months

2. Any lot which existed prior to the enactment of this Zoning Ordinance and may not have sufficient land within an existing lot to conform to required setbacks, Landscape Area, etc., may appeal to the Board of Zoning Appeals for a variance that would allow building upon the existing lot. Permission

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to use such lots may be granted at the discretion of the Board of Zoning Appeals, however, providing that the provisions of the District are complied with as closely as is possible in the opinion of the Board of Zoning Appeals.

3. Where applicable, Non‐Conforming Provisions of this Zoning Ordinance are superseded by TCA 13‐7‐208 which provides that a change in the zoning of an area where a previously permitted industrial, commercial or business use is prohibited under such zoning change shall not act to prevent expansion of such industrial, commercial, or business establishments or destruction and rebuilding as long as such expansion or destruction and rebuilding involves an actual continuance of the activity of such establishment prior to expansion or destruction and rebuilding.

14‐2‐602 REDUCTION IN REQUIRED LOT DIMENSIONS PROHIBITED – No lot may be reduced in area in such a manner that would result in a violation of minimum requirements as required in this Zoning Ordinance. This Section shall not apply when a portion of a lot is required for a public purpose. 14‐2‐603 OFF‐STREET LOADING SPACE – In all Business and Industrial Districts, except for the Central Business District (CB), every building or structure used for commercial purposes shall provide adequate space for the loading or un‐loading of vehicles away from the existing public alley or street. Such loading space shall have access to a public alley or street. 14‐2‐604 STREET ACCESS CONTROL – In order to promote the safety of motorists and pedestrians and to minimize traffic congestion and conflict by reducing the points of contact, the following regulations shall apply:

1. A point of access, i.e., a drive or other opening for vehicles onto a street shall not exceed 30 feet in width. However, for properties with greater than 300 feet of frontage on major arterials using one driveway, the maximum width of driveways is 40 feet.

2. There shall not be more than 2 points of access to any one public street on a lot less than 400 feet but more than 100 feet in width. Lots less than 100 feet in width shall have only one point of access.

3. Points of access to any one public street for lots of more than 400 feet in width shall be no closer than 100 feet apart.

4. No point of access shall be allowed within 10 feet of the right‐of‐way of any public street intersection.

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5. Where sidewalks exist, the area existing between the street and an interior parking space or driveway parallel to the street shall have a curb of at least 6 inches in height and 6 inches in width separating the parking area from the sidewalk to prevent encroachment of vehicles onto the sidewalk area. This provision shall not apply in circumstances requiring an inclined ramp for handicap access.

6. No curbs on public streets or rights‐of‐way shall be cut or altered without written approval of the Building Inspector.

7. Cases requiring variances relative to this action, and hardships not caused by the property owner, shall be heard and acted upon by the Board of Zoning Appeals, provided further that no curb cuts for off‐street automobile storage or parking space shall be permitted where the arrangement would require that vehicles back directly into a public street (this is not to include private parking for residential property).

8. Access control on property abutting state or federal highways shall be governed by official regulations of the Tennessee Department of Highways or the provisions of this Zoning Ordinance, whichever is more restrictive.

14‐2‐605 MINIMUM STREET FRONTAGE – All uses must front on a public street for a distance of at least 50 feet, except on cul‐de‐sac lots with frontage on the curved turn‐around where a minimum of 25 feet shall be required. 14‐2‐606 TRAILERS OR MANUFACTURED HOMES – The use of a trailer or Manufactured Home as a dwelling unit on any lot other than a licensed and approved Manufactured Home Park is prohibited; and no Manufactured Home shall be used as a place of business. 14‐2‐607 MODULAR HOME REGULATIONS – Modular Homes shall be allowed on individual lots in any residential district, provided the following conditions are met:

1. The unit must be installed on a permanent foundation system in compliance with all applicable requirements of the Standard Building Code.

2. The home must be covered with an exterior material customarily used on conventional dwellings. When a solid concrete or masonry perimeter foundation is used, the exterior covering material need not extend below the top of the foundation. Other materials such as brick, block, concrete and stone may be used as foundation enclosures. Steps and porches must

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be permanent construction in compliance with all applicable requirements of the Standard Building Code. The following are acceptable materials: brick, block, concrete and stone. A wooden deck is an acceptable replacement for a porch or steps.

3. The hitches or towing apparatus, axles and wheels must be removed. 4. The roof must be pitched so there is at least a 3 inch vertical rise for each

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, but excluding corrugated aluminum or corrugated fiberglass.

5. All such units shall be required to connect to a public utility system which includes gas, electric, water and sewer in compliance with the Standard Building Code and National Electrical Code and all other applicable codes.

6. No appearance criteria shall be required for Modular Homes that are not required for site‐built homes.

14‐2‐608 JUNKYARDS & SALVAGE YARDS – Junkyards & Salvage Yards shall have all Junk screened from public view by a minimum of 6 feet of visual height screening as permitted by the Design Review Committee. Non‐conforming Junkyards & Salvage Yards shall be required to submit an acceptable Site Plan for screening to the Design Review Commission and construct same within 6 months of enactment of this Zoning Ordinance. 14‐2‐609 VISUAL OBSTRUCTIONS AT STREET INTERSECTIONS – On any commercial lot not in the CB Central Business District, there shall be no obstruction to vision between 2.5 and 10 feet above ground level within 14 feet of the edge of pavement of any street or alley, provided that this provision shall not restrict necessary retaining walls. 14‐2‐610 PRIVACY FENCES – Privacy Fences shall not be allowed in front of or within 20 feet of the front of the Principal Building. 14‐2‐611 LIGHTING REQUIREMENTS – All lights which will be subsequently approved and accepted by the Town of Somerville for future maintenance shall be LED (Light‐Emitting Diode) Cree BXSPA03HA‐USN 100 Watt, 4,000 Kelvin, with a life expectancy of ≥ 15,000 cycles.

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14‐2‐612 ONLY ONE PRINCIPAL BUILDING ON ANY LOT – Only one Principal Building and its customary Accessory Buildings may hereafter be erected on any single Lot except for approved PUD’s (Planned Unit Developments).

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PART 7 PARKING

SECTIONS 14‐2‐701 Minimum Requirements 14‐2‐702 Central Business District Exception 14‐2‐703 Adjacent Property Appeal 14‐2‐701 MINIMUM REQUIREMENTS

1. There shall be provided, at the time of the erection of any building or structure, or at the time any main building or structure is enlarged or increased in capacity by adding dwelling units, guest rooms, seats or floor area; or before conversion from one zoning use or occupancy to another, permanent off‐street parking space of at least 200 ft2 per space with vehicular access to a street or alley. The Town reserves the right to control ingress and egress over private right‐of‐way. Minimum parking spaces for various uses include: A. Residential Dwellings – 1.5 spaces for each unit, apartment, or single

residential dwelling B. Boarding Houses, Rooming Houses – 1 space for each occupied room or

unit C. Tourist Accommodations – 1 space for each room or unit D. In all Business and Manufacturing Districts, 1 space for every 2

employees computed on the basis of total number of employees of the two largest consecutive shifts. In addition, there shall be sufficient parking for all vehicles used directly in the conduct of such office or industrial use.

E. Retail – In all Business and Manufacturing Districts, one space for each 200 ft2 of store sales area.

F. Assembly – Theaters, Auditoriums, Stadiums, Churches, or other Use Designed to Draw an Assembly of Persons – 1 space for each 3 seats.

G. Public Buildings – 1 space for each 200 ft2 of total floor area of all floors in building except for areas used exclusively for storage.

H. Medical Offices – 3 patient spaces per staff physician, plus 2 spaces for every 3 employees, plus 1 space for each staff physician

I. Funeral Homes – 1 space for each company vehicle plus 1 space for each 3 seats in congregating areas.

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14‐2‐702 CENTRAL BUSINESS DISTRICT EXCEPTION – All uses within the CB Central Business District are exempt from minimum parking requirements. 14‐2‐703 ADJACENT PROPERTY APPEAL – If off‐street parking space required above cannot be reasonably provided on the same lot on which the principal use is conducted, the Board of Zoning Appeals may permit such space to be provided on other off‐street property provided such space lies within 400 feet of the main entrance to such principal use. Applicant must present acceptable legal commitment from the owner of the adjacent property to ensure continued compliance with the hereinabove described parking requirements.

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PART 8 SIGNS

ORDINANCE 2016‐002 AN ORDINANCE AMENDING CHAPTER 3 SECTION 14‐315 OF THE TOWN OF

SOMERVILLE ZONING ORDINANCE

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PART 9 LANDSCAPING

SECTIONS 14‐2‐901 Required Area 14‐2‐902 Composition of Landscape Areas 14‐2‐903 Mitigation 14‐2‐904 Maintenance 14‐2‐905 Recommended Canopy Trees 14‐2‐906 Recommended Understory Trees 14‐2‐907 Prohibited Trees 14‐2‐901 REQUIRED AREA – All required Landscape Areas shall be landscaped in accordance with this Section of the Zoning Ordinance. Refer to required Landscape Areas as defined with each District identified in this Zoning Ordinance. 14‐2‐902 COMPOSITION OF LANDSCAPE AREAS – A minimum of 70 Acquired Diameter Inches of trees per acre shall be required for all Landscape Areas. Tree Diameters of ≤ 6” are measured 12” above the ground (Caliper Measurement) and Tree Diameters of > 6” are measured as Diameter at Breast Height (DBH). For the purpose of this document, a tree is defined as a woody plant with a minimum diameter of 2” as measured 12” from the ground that normally achieves an overall height at maturity of greater than 15 feet. Each tree shall receive a minimum score of 8 Acquired Diameter Inches. Refer to the list of appropriate and prohibited landscape trees at the end of this section. In addition to required trees, owners shall make every effort to maximize plantings in permeable areas. Use of groundcover, shrubs and trees shall be maximized, with moderate use of turf, and a minimum amount of mulch, gravel, or bare soil. 14‐2‐903 MITIGATION – In some extreme cases, strict adherence to the requirements within this section may be impractical or impossible depending on the lot size and intended use. In such extreme cases, the Design Review Commission or Planning Commission may grant an alternative solution which could include mitigation efforts requiring landscape dedication of another similar property located in the Town.

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14‐2‐904 MAINTENANCE – The owner shall be responsible for the maintenance, repair and replacement of all landscaping materials and barriers as may be required by the provisions of this section. All plant material shall be tended and maintained in a healthy growing condition, replaced when necessary and kept free of refuse and debris. Fences and walls shall be maintained in good repair. The practice of “topping” trees or excessive removal of limbs shall not be permitted as a normal practice of maintenance of trees. Topping is defined as the excessive and arbitrary removal of limbs with no regard to the structure of the tree. Excessive removal of limbs is removal of more than 20% percent of viable limbs as stated in the ANSI standards for pruning. Trees severely damaged by storms or other causes may be exempted from this requirement at the determination of the Town Planner.

1. Herbaceous Clipping Required – All herbaceous (non‐woody) vegetation (e.g. grass) must be routinely clipped during the growing season. No herbaceous vegetation, other than flowers, ornamentals, garden crops, or agricultural crops, may exceed 12 inches in height at any time. If any lot is planted and maintained as an agricultural crop, a buffer of 100 feet of clipped area with vegetation kept below 12 inches of height must be maintained adjacent to all public roads and adjacent lots with residential dwellings, public areas, or businesses. Any agriculture area in existence at the time of enactment of this Zoning Ordinance may continue to be cultivated within its historical bounds as a non‐conforming use.

2. Herbaceous Maintenance Violations – If any lot is observed to be out of compliance with the hereinabove described clipping requirement, the owner shall have 15 days after being notified by the Town that said property is out of compliance. If, following 15 days after notification and even if the owner fails to receive said notice, the property continues out of compliance, the Town of Somerville may authorize its agent to enter the property and cause the vegetation to be mowed to bring the property back into compliance and continue periodic mowing until such time the owner may resume routine clipping. The Town shall not bear any responsibility for damage to buildings, vehicles, landscape, trees, etc., during the mowing of property in violation. All expenses of such cutting, including but not limited to any cost incurred in the removal or relocation of debris, junk or other miscellaneous obstructions which would be necessary or convenient to carry out the requirements of this Zoning Ordinance shall be paid by the owner of such land plus an administrative charge of 15%. After any such

31

operation, the Town shall submit a bill to the property owner for said cost. If the property owner does not pay any bill so presented within 60 days of the date of the invoice the cost of such payment shall be charged against the premises and it shall become a lien on the property assessed of the same character in effect as the lien created by general law for taxes, plus an additional delinquency fee of 10% per month until paid in full.

14‐2‐905 RECOMMENDED CANOPY TREES: Acer rubrum Red Maple Betula nigra River Birch Carya illinoinensis Pecan Cladrastis kentukea Yellowwood Ilex opaca American Holly Juglans spp. Walnut Liriodendron tulipifera Tulip Poplar Magnolia grandiflora Southern Magnolia Nyssa sylvatica Black Gum Pinus virginiana Virginia Pine Platanus occidentalis Sycamore Quercus alba White Oak Quercus coccinea Scarlet Oak Quercus falcata Southern Red Oak Quercus nigra Water Oak Quercus palustris Pin Oak Quercus phellos Willow Oak Quercus prinus Chestnut Oak Quercus stellate Post Oak Taxodium distichum Cypress 14‐2‐906 RECOMMENDED UNDERSTORY TREES: Acer negundo Box Elder Amelanchier arborea Serviceberry Cercis canadensis Redbud Cornus spp. Dogwood Halesia carolina Silverbell Ilex decidua Possumhaw Juniperus virginiana Red Cedar

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Malus spp. Crabapple Rhus spp. Sumac 14‐2‐907 PROHIBITED TREES: Acer saccharinum Silver Maple Ailanthus altissima Tree of Heaven Albizia julibrissin Mimosa Elaeagnus umbellata Autumn Olive Paulownia tomentosa Princess Tree Populus deltoids Cottonwood Pyrus calleryana Bradford Pear

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PART 10 ESTABLISHMENT OF DISTRICTS

SECTIONS 14‐2‐1001 Classification of Districts 14‐2‐1002 Boundaries of Districts 14‐2‐1001 CLASSIFICATION OF DISTRICTS – For the purpose of this Zoning Ordinance, Somerville, Tennessee is hereby divided into 11 Districts, designated as follows: RR Rural Residential LDR Low Density Residential HDR High Density Residential MFR Multifamily Residential MHP Manufactured Home Park RD Redevelopment CB Central Business NB Mixed Use Neighborhood GB General Business LM Light Manufacturing HM Heavy Manufacturing 14‐2‐1002 BOUNDARIES OF DISTRICTS

1. The boundaries of Districts identified above are hereby established as shown on the Official Zoning Map entitled “Zoning Map of Somerville, Tennessee”, which is a part of this Zoning Ordinance and which is on file in the Somerville City Hall.

2. Unless otherwise indicated on the Zoning Map, the boundaries are lot lines, the center lines of streets or alleys, railroad rights‐of‐way, or the corporate limit lines as they existed at the time of the enactment of this Zoning Ordinance. Questions concerning the exact locations of district boundaries shall be determined by the Board of Zoning Appeals.

3. Where district boundaries may divide a lot as existing at the time this Zoning Ordinance takes effect, the Board of Zoning Appeals shall make a determination as to the applicable district classification of said lot.

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PART 11 RESIDENTIAL DISTRICTS

SECTIONS 14‐2‐1101 RR Rural Residential 14‐2‐1102 LDR Low Density Residential 14‐2‐1103 HDR High Density Residential 14‐2‐1104 MFR Multifamily Residential 14‐2‐1105 MHP Manufactured Home Park 14‐2‐1106 Residential Uses Permitted by Appeal & Prohibited Uses 14‐2‐1107 Residential Lot Standards 14‐2‐1108 RD Redevelopment 14‐2‐1101 RR RURAL RESIDENTIAL

1. Purpose and Intent – The intent of the RR Rural Residential District is to

maintain and/or preserve areas of the Town of Somerville for the purposes

of farm or forestry production and to allow for limited residential

development not requiring extensive municipal services.

2. Uses Permitted

A. Single Family Dwellings, excluding single wide Manufactured Homes on

individual lots.

B. Agricultural Production. Domesticated animals shall be properly and

securely enclosed and contained within the lot. No domestic animals,

other than house pets such as dogs and cats, will be allowed within

1,000 feet of any residence, place of business, or public street without a

permit approved by the Board of Zoning Appeals (BZA). The BZA shall

approve a permit only when it is determined by the BZA, in its sound

judgment, that the keeping of such animals under the circumstances set

forth in the application for the permit will not injuriously affect the

public health or quality of life for neighbors and the permitted use is

deemed to be in harmony with the Zoning Ordinance’s general purpose

and intent.

C. Forestry activities and related services.

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D. Roadside sales offering for sale only farm products produced on the

premises.

E. Accessory Buildings customarily incidental to the permitted use.

Accessory Buildings shall not exceed 25 feet in height and shall be ≥ 5

feet from any property line or Principal Building. No Accessory Building

shall be erected in front of or within 20 feet of the front of the Principal

Building.

3. Uses Permitted by Appeal & Prohibited Uses – See Section 14‐2‐1106 &

Table 1.

14‐2‐1102 LDR LOW DENSITY RESIDENTIAL

1. Purpose and Intent – The intent of the LDR Low Density Residential District

is to provide suitable areas for low density residential development where

appropriate urban services and facilities are provided or where the

extension of such services and facilities will be physically and economically

feasible. Generally these districts will be characterized by single family

detached dwellings.

2. Uses Permitted

A. Single family dwellings, excluding single‐wide Manufactured Homes on

individual lots.

B. Accessory Buildings customarily incidental to the permitted use.




Building.


Table 1.

14‐2‐1103 HDR HIGH DENSITY RESIDENTIAL

1. Purpose and Intent – The intent of the HDR High Density Residential District

is to provide suitable area for high density residential development where

appropriate urban services and facilities are provided or where the

extension of such services and facilities will be physically and economically

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feasible. Generally these districts will be characterized by single family and

two family detached dwellings.

2. Uses Permitted

A. Single Family dwellings, excluding single family Manufactured Homes on

individual lots.

B. Two family dwellings.

C. Accessory Buildings customarily incidental to the permitted use.




Building.


Table 1.

14‐2‐1104 MFR MULTIFAMILY RESIDENTIAL

1. Purpose and Intent – The intent of the MFR Multifamily Residential District

is to provide suitable areas for multifamily residential developments where

sufficient urban facilities are available or where the extension of such

facilities will be physically and economically feasible. It is not the intent of

this district to restrict in number the dwelling units contained in a building

provided there is sufficient area of zone lot and open space on the lot

relative to the number of dwelling units. These districts are intended to

permit community facility and public utility installations which are

necessary to service the residents of these districts.

2. Uses Permitted

A. Multifamily Dwellings and Duplexes

B. Accessory Buildings customarily incidental to the permitted use.




Building.


Table 1.

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14‐2‐1105 MHP MANUFACTURED HOME PARK

1. Purpose and Intent – The intent of the MHP Manufactured Home Park

District is to provide minimum standards for the development of

Manufactured Home Parks within the Town. These standards are designed

to provide healthful, attractive, and efficient Manufactured Home Parks for

the benefit of the residents of Somerville. Manufactured Home Parks shall

be allowed only in areas as provided within this Zoning Ordinance and shall

be occupied by single family Manufactured Home dwellings. This shall not

preclude but shall include all provisions as set forth in TCA 68‐126.

2. Installation – It is unlawful to occupy any Manufactured Home unless it has

been installed by a person licensed by the Tennessee Department of

Commerce and Insurance to make such installation (TCA 68‐126‐403). The

burden of proof of proper installation shall be upon the owner.

3. Uses Permitted

A. Single family Manufactured Homes in properly sited and licensed

Manufactured Home Parks.

B. Accessory Buildings customarily incidental to the permitted use with the

following restrictions:

i. Only one Accessory Building is allowed per Manufactured Home.

ii. Accessory Buildings are not be used for human habitation.

iii. Maximum 150 ft2 for each Accessory Building and shall not exceed

25 feet in height.

iv. Each Accessory Building is to be located a minimum of 10 feet

from its Principal Manufactured Home and must not be visible

from any public road


Table 1.

5. Footings & Underskirt Requirements

A. All Manufactured Homes permitted under this section shall be set upon

concrete pads and elevated on blocks or steel piers which are

constructed upon a concrete footing and each Manufactured Home shall

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be anchored with approved anchors as required by TCA 68‐45‐103. Each

concrete pad shall be a minimum of 10 feet wide.

B. All Manufactured Homes moved into any Manufactured Home Park,

existing or new, after the effective date of these provisions shall be

under‐skirted to prevent the accumulation of refuse and rodents.

6. Street System

A. The internal street system shall consist of paved streets with a paved

width of 22 feet.

B. Paved streets shall consist of a sub‐base of 6 inches of crush run gravel,

or other comparable substrate as approved by the Somerville Planning

Commission, and finished with a minimum asphalt thickness of 2 inches.

7. Water Lines shall consist of a minimum 6 inch water main looped for

adequate water pressure for fire protection with one hydrant every 250

feet and shall be approved by the Public Works Department.

8. Sewer Lines shall consist of a minimum 8 inch sewer pipe, with 4 inch force

mains where applicable, designed according to the standards required in

the Subdivision Regulations and shall be approved by Public Works

Department.

9. Concrete Sidewalks shall have a minimum width of 60 inches and shall be

provided for Manufactured Home spaces to the Manufactured Home Park

office. The sidewalks shall be a minimum of 3 inches thick and shall be

designed to minimize cracking.

10. Paved Parking – All Manufactured Home plots shall provide a minimum of

400 ft2 of paved parking area.

11. Lighting – Lighting within the Manufactured Home Park shall be consistent

with lighting intensity and spacing as provided within the residential areas

of the Town of Somerville and consistent with all applicable standards of

the Town of Somerville.

12. Certification is required of the owner and trustee of the mortgage and shall

serve as the commitment by the owner that the site will be developed as

shown on the approved Site Plan. Upon such certification, the approved

Site Plan shall be recorded by the owner with the Fayette County Register’s

Office and shall regulate the development of the Manufactured Home Park.

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If, during the process of construction, the Building Inspector notes

variations from the approved Site Plan, he shall promptly notify the owner

in writing of these variations and shall direct that the variations be

corrected within a specified period. If, after proper notice by the Building

Inspector, the owner has not complied with the provisions of the approved

Site Plan, the Building Inspector shall have the authority to cite the owner

to Municipal Court for violation of this ordinance. However, the Building

Inspector shall have the authority to authorize minor revisions to the

approved Site Plan during the process of construction, if, in his opinion, the

revisions do not substantially alter the nature of the approved Site Plan,

with the written concurrence of the Planning Director.

13. Public Improvements – All required Public Improvements to be completed

at the expense of the Developer shall require execution of a Development

Agreement between the Developer and the Town of Somerville to ensure

adequate completion of all required Public Improvements. Such

Development Agreements shall be as provided for in the Somerville

Subdivision Regulations and other technical specifications and shall be

approved by the Town of Somerville Board of Mayor and Aldermen. All

Development Agreements shall require the Developer to provide all costs

associated with said Public Improvements and shall include a surety bond

or irrevocable letter of credit for said Public Improvements.

14. Licenses & License Fees

A. No Manufactured Home may be located in the Town of Somerville

unless the same shall be in an approved and duly licensed Manufactured

Home Park.

B. It shall be unlawful for any person to maintain or operate within the

corporate limits of the Town of Somerville any Manufactured Home Park

unless such person shall first obtain a license for said Manufactured

Home Park.

C. Licenses shall not be transferrable.

D. The annual license fee for each Manufactured Home Park shall be

established by the Town of Somerville Board of Mayor and Aldermen.

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E. The Manufactured Home Park License shall be issued by the Building

Inspector upon completion and compliance with all requirements for

the Manufactured Home Park. The license shall be conspicuously posted

in the office of, or on the premises of, the Manufactured Home Park at

all times.

15. Registry of Manufactured Homes – It shall be the duty of the Manufactured

Home Park Licensee to keep a registry containing a record of all

Manufactured Home owners located within the Manufactured Home Park.

The register shall contain:

A. Make, Model and Year of all Manufactured Homes

B. Owner and Lessee of each Manufactured Home

C. The dates of arrival and departure of each Manufactured Home or

recreational vehicle. The park shall keep the registry available for

inspection at all times by law enforcement officers, whose duties

necessitate acquisition of the information contained in the registry. All

records within the registry shall be retained with the registry for a

minimum of 3 years following the departure or cessation of each

Manufactured Home listed on the registry.

16. Non‐Conforming Manufactured Home Parks – With the exception of minor

repairs, maintenance, and alterations allowed pursuant to state law, no

alterations to a nonconforming Non‐Conforming Manufactured Home Park

shall be allowed. Unless otherwise allowed by law, any substantial

improvement to a nonconforming Manufactured Home Park shall be

deemed an abandonment of the nonconforming status and shall result in

the reclassification of such Manufactured Home Park as a prohibited use.

14‐2‐1106 RESIDENTIAL USES PERMITTED BY APPEAL & PROHIBITED USES

1. Uses Permitted on Appeal – The following uses are not inherently

inconsistent with the intent and purpose of particular zones; however, they

could create special problems or hazards if allowed to develop and locate

as a Use by Right. These uses are permitted by approval of a Special

Exception by the Board of Zoning Appeals (BZA) upon review of the criteria

41

established herein, and upon consideration of numerous factors, such as

traffic flow, noise, quality of life issues for adjacent neighborhoods, etc.

A. Uses identified in Table 1.

B. Incidental Home Businesses as identified in Table 1.

2. Review Criteria for uses other than Incidental Home Businesses – The BZA

shall have the power to impose greater requirements than those set forth

in this section or to impose conditions on the location and design of access

points or other features as may be required to protect the neighborhood

from traffic congestion or other undesirable conditions. The BZA shall state

in writing the reasons for denial of any properly submitted Site Plan.

3. Review Criteria for Incidental Home Businesses – A Somerville Business

Permit shall be required to operate any business in the Town of Somerville.

Incidental Home Businesses that are conducted in their entirety without any

increase in traffic or usage in and around the home shall not be required to

obtain BZA approval. Incidental Home Businesses as listed in Table 1 may

be considered provided that no Building Permits or Certificates of

Occupancy for such use shall be issued without the written approval of the

BZA and subject to such conditions as the BZA may require in order to

protect and preserve the character of the neighborhood in which the

proposed Use is located; and then provided further that:

A. The proposed use shall be located and conducted in the Principal

Building only;

B. The Business Principal shall be a resident of the dwelling unit in which

the proposed use is located;

C. The Business use shall not result in greater than 4 vehicles or customers

per hour at the residence between the hours of 7 am and 6 pm and no

business traffic shall be allowed other than the stated hours;

D. No activity, material, goods, or equipment indicative of the proposed

use shall be visible from any public way;

E. The proposed use shall not be advertised by the display of goods or

signs on the lot on which the proposed use is located;

F. The proposed use shall not generate noise, odor, fumes, smoke,

vehicular or pedestrian traffic, nor nuisance of any kind which would

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tend to depreciate the residential character of the neighborhood in

which the proposed use is located;

G. The proposed use shall provide adequate off‐street parking facilities;

H. Nothing in this section shall be interpreted to mean the discontinuance

of an existing lawful Incidental Home Business, but hence forth, all new

Incidental Home Businesses, and those existing Incidental Home

Businesses allowed to lapse for one year or more shall be governed by

the foregoing provisions relative to Incidental Home Businesses.

4. Uses Prohibited

A. Uses as identified in Table 1 located in the back of the Zoning Ordinance.

B. Any other Uses determined by the BZA to represent a hazard or

unacceptable interference with the quality of life in the neighborhood.

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14-2-1107 Residential Lot Standards

Lot Standards Rural

Residential

Low Density

Residential

High Density

Residential

Multi-Family

Residential Manufactured

Home Park

Minimum Lot Area 1 Acre 15,000 ft2 9,000 ft2 9,000 ft2 5 Acres

Minimum Lot Area Width (At Building

Line) 100' 100' 75' 75' 300'

Minimum Street Setback 30' 30' 15' 15' 50'

Minimum Rear Setback 30' 30' 15' 15' 50'

Minimum Side Setback 20' 15' 10' 10' 50'

Maximum Building Height 35' 35' 35' 35' 35'

Maximum Impermeable

Surface 25% of Lot 50% of Lot 50% of Lot 50% of Lot 25% of

Development

Minimum Required

Landscape Area 30,000 ft2 50% of lot 50% of Lot 50% of lot 75% of

Development

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14‐2‐1108 RD REDEVELOPMENT

1. Purpose & Intent – The intent of the RD Redevelopment District is to create a dynamic, mixed‐use environment, where walking is the predominant mode of transportation; provide for a range of housing choices in close proximity to each other, including vertical mixed use; create land development solutions that are not typically found elsewhere in the Town of Somerville; create quality public spaces that are usable for a variety of public and semi‐public activities; create connectivity for pedestrian and vehicular traffic; place buildings close to the street, so that streets are defined as “outdoor rooms”; and, enhance all the streetscapes and maximize on‐street parking.

2. Uses Permitted – Uses as identified in Table 1. 3. Uses Permitted by Appeal – Uses as identified in Table 1. 4. Uses Prohibited

a. Uses as identified in Table 1. b. Manufacturing. c. Any other business determined by the BZA to represent a hazard or

unacceptable interference with the quality of life in the neighborhood.

5. Accessory Buildings – Accessory Buildings are permissible which are considered to be customarily incidental to the intended use of the Principal Building. No Accessory Building shall be erected in front of or beside the Principal Building.

6. Lot Area, Width, Setbacks, Landscape Areas, Building Height, Sidewalks, Landscaping & Building Materials – Due to the unique nature of the Redevelopment District, limitations concerning these attributes shall be considered individually by the Design Review Commission or Planning Commission, with consideration of the purpose and intent of the Redevelopment District.

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PART 12 COMMERCIAL DISTRICTS

SECTIONS 14‐2‐1201 CB Central Business 14‐2‐1202 NB Neighborhood Business 14‐2‐1203 GB General Business 14‐2‐1204 LM Light Manufacturing 14‐2‐1205 HM Heavy Manufacturing 14‐2‐1201 CB CENTRAL BUSINESS

1. Intent & Purpose – The regulations governing the CB Central Business District are designed to achieve the following: A. To protect the historic and quaint downtown area of the Town of

Somerville from business establishments which would create hazards, offensive noise, vibration, smoke, dust, heavy trucking traffic, or other objectionable influences;

B. To provide sufficient space for appropriate locations for the transaction of all type of commercial and miscellaneous service activities in beneficial relation to one another;

C. To encourage the tendency of small commerce and service entities to concentrate in the historic center of the Town to the mutual convenience and advantage of both consumers and merchants;

D. To preserve the character, charm and walkability of Somerville’s historic square anchored by the Fayette County Courthouse.

2. Uses Permitted A. Private or Public non‐manufacturing commercial or service

establishments as listed in Table 1 which fit the existing décor and charm of the Central Business District and allow feasible operation within the confines of the existing structures, similar replacements, or appropriate renovations.

B. Residential Dwelling Units on the second floor of two story buildings. C. Accessory Buildings customarily incidental to the principal use or

structure, provided they are not located beside or in front of the Principal Building.

3. Uses Permitted on Appeal – Uses as identified in Table 1 4. Prohibited Uses

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A. Manufacturing B. Uses as identified in Table 1 C. Any business considered by the Planning Commission to present a

hazard or unacceptable interference upon the quality of life and enjoyment of the Town.

14‐2‐1202 NB NEIGHBORHOOD BUSINESS

1. Intent & Purpose – It is the intent of the NB Neighborhood Business District to provide for small scale retail and service entities which serve the convenience needs of a limited population or geographic area. This District is not intended to be oriented to accommodate major or large scale commercial or service activities. The Neighborhood Business District is intended to be oriented to and compatible with the adjacent. Residential Dwellings currently within NB Neighborhood Business Districts may continue in existence as Residential Dwellings, with the expectation that through time, these lots will probably be converted into Business Structures as the community evolves.

2. Uses Permitted. A. Small Scale Private or Public commercial or service establishments as

listed in Table 1 that serve the convenience and needs of the surrounding neighborhood and consist of ≤ 2,000 ft2 of customer or service area.

B. Single Family Residential Dwellings and Incidental Home Businesses as described therein.

C. Accessory Buildings customarily incidental to the principal use or structure, provided they are not located beside or in front of the Principal Building.

3. Uses Permitted on Appeal – Uses as identified in Table 1 4. Uses Prohibited.

A. Manufacturing B. Uses as identified in Table 1 C. Any business considered by the Planning Commission to present a


14‐2‐1203 GB GENERAL BUSINESS

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1. Intent & Purpose – It is the intent of the GB General Business District to provide for adequate commerce throughout the Town of Somerville while preserving the integrity of neighborhoods.

2. Uses Permitted A. Private or Public non‐manufacturing commercial or service

establishments as listed in Table 1. B. Residential Dwelling Units on the second floor of two story buildings. C. Accessory Buildings customarily incidental to the principal use or

structure, provided they are not located beside or in front of the Principal Building.

3. Uses Permitted on Appeal – Uses as identified in Table 1 4. Uses Prohibited

A. Manufacturing B. Uses as identified in Table 1 D. Any business considered by the Planning Commission to present a


14‐2‐1204 LM LIGHT MANUFACTURING

1. Intent & Purpose – The LM Light Manufacturing District is designed to provide space for a wide range of manufacturing and related uses which conform to a high level of performance standards and have the least objectionable characteristics. These Districts may provide a buffer between Residential or Business Districts and other manufacturing activities, e.g. Restricted Manufacturing Districts, which have more objectionable influences. The General Manufacturing District is designed with the following goals: A. To provide sufficient space in appropriate locations to meet the needs

for manufacturing expansion within the Town of Somerville; B. To encourage manufacturing development which is free from hazards to

the public health and which is environmentally safe and non‐polluting; C. To protect manufacturing activities against congestion, encroachment

from incompatible land uses and other adverse characteristics; D. To protect adjacent residential and commercial areas from offensive

influences; and E. To promote the most efficient and desirable land use.

2. Uses Permitted

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A. Manufacturing enterprises listed in Table 1 that are operated without an undue burden and disturbance to the neighborhood, and free from environmental and community hazards.

B. Accessory Buildings customarily incidental to the principal use or structure, provided they are not located beside or in front of the Principal Building.

3. Uses Permitted on Appeal – Uses as identified in Table 1 4. Uses Prohibited

A. Manufacturing enterprises that have inherent deleterious effects on the neighborhood and/or the Town of Somerville by reasons of volume of raw materials or freight, scale of operation, types of structures required, or because of their very nature which may include harmful or questionable releases into the surrounding environment, including but not limited to excess noise, fumes, noxious emissions, or other such undesired effects.

B. Residential Dwellings. C. Uses as identified in Table 1 D. Any business considered by the Planning Commission to present a


14‐2‐1205 HM HEAVY MANUFACTURING

1. Intent & Purpose – The HM Heavy Manufacturing District is designed to provide space for a wide range of manufacturing and related uses which by reasons of volume of raw materials or freight, scale of operation, type of structures required, or because of their very nature, have a deleterious effect on both the existing businesses around them and the surrounding residential areas adjacent to them, causing increased crime and the downgrading of property values; or other similar characteristics requiring locations relatively well segregated from other uses.

2. Uses Permitted – Due to the very nature of entities that are expected to be permitted within the Heavy Manufacturing District, all usage of these Districts must be approved by the Board of Zoning Appeals.

3. Uses Permitted by Appeal A. Manufacturing Enterprises that have the capability and probability of

emitting problematic concerns, whether environmental, perceptible, or

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social, but without unacceptable disturbance or hazards away from close proximity to the site.

B. Uses as identified in Table 1 C. Junkyards & Salvage Yards D. Alternative Financial Services E. Adult Oriented Establishments (“AOE”) – The following provisions apply

to all AOE’s operating within the Town of Somerville: i. An AOE may not be established within 500 feet of the following:

a. A church, synagogue, mosque, temple or building which is used primarily for religious worship, and related religious activities;

b. A public or private Educational Facility; c. The boundary of any Residential District; d. An occupied residential dwelling; e. A public or private park or recreational area which has been designed for park or recreational activities, including but not limited to a park, playground, nature trail, swimming pool, reservoir, athletic field, basketball or tennis court, pedestrian/bicycle paths, wilderness area, or other similar feature;

f. An entertainment business which is oriented primarily toward children or family entertainment;

g. Any other AOE. ii. No more than one AOE shall be operated, established, or

maintained in the same building, structure, or portion thereof. 4. Uses Prohibited

A. Residential Dwellings B. Any entity considered by the Planning Commission to present a hazard

or unacceptable interference upon the quality of life and enjoyment of the Town.

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PART 13 PLANNED UNIT DEVELOPMENT – PUD

SECTIONS 14‐2‐1301 Intent & Purpose 14‐2‐1302 Consistency with the Town Plan 14‐2‐1303 Applicability of PUD Utilization 14‐2‐1304 Coordination with Subdivision Regulations 14‐2‐1301 INTENT & PURPOSE – The purpose of the Planned Unit Development (PUD) is to allow creative planning and advantageous synergism within Districts as established within this Zoning Ordinance through the application of flexible and diversified land development techniques under comprehensive plans and programs. This procedure is intended to provide opportunities for more efficient utilization of land than would otherwise be the case under the conventional provisions of the Zoning Ordinance. Additionally, the appropriate use of Planned Unit Developments requires a high level of scrutiny and consideration for the protection and preservation of environmentally sensitive lands, well planned living, working, shopping, and leisure activities, and availability of services through properly planned utilities and streets. PUDs are intended to be the vehicle for the application of new techniques and technology to community development. The PUD is not intended as a mechanism for blanket reduction of setbacks, density levels, and other factors that could be in conflict with the established Districts within the Town of Somerville. The objective of PUDs is to achieve excellence in physical, social and economic planning by including:

1. An orderly and creative arrangement of all land uses with respect to each other and to the entire community;

2. A comprehensive transportation network providing for separation of pedestrian and vehicular traffic;

3. The provision of recreational facilities; 4. Efficient use of land resources and conservation of environmentally

sensitive areas; 5. The provision of well‐designed and meaningful open space; and 6. The staging of development in a manner that can be accommodated by the

timely provision of public utilities, facilities and services.

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14‐2‐1302 CONSISTENCY WITH THE TOWN PLAN – No PUD shall be approved unless the proposal is found to be consistent with the current Town Plan or established Comprehensive Plan for the Town of Somerville and any adopted special Master Plan for the area in which the development is proposed. The Planning Commission shall adjudicate the consistency of any proposed PUD and determine that all proposed PUDs shall be:

1. Consistent with the generally recognized plan for the Town of Somerville and with the Comprehensive Plan once such Comprehensive Plan is approved;

2. Compatible with development permitted under the general development provisions of this Zoning Ordinance; and

3. Compatible with the use and enjoyment of other land in the vicinity. 14‐2‐1303 APPLICABILITY OF PUD UTILIZATION – PUDs shall be established and approved based upon the general District guidelines within which a PUD may be located. PUDs may be appropriately allowed within any District established through this Zoning Ordinance and may be designed to integrate residential and commercial usages within the proposed PUD. The granting of a PUD permit does not alter in any manner the existing zoning district classification except that building permits shall not be issued unless in conformity pursuant to an approved PUD permit and development agreement. 14‐2‐1304 COORDINATION WITH SUBDIVISION REGULATIONS

1. Coordination with Subdivision Regulations – The unique nature of each proposal for a PUD may require that specifications for which the width and surfacing of streets, public ways, public utility rights‐of‐way, curbs and other standards may be subject to modification from the specifications established in the Subdivision Regulations adopted by the Planning Commission. Modifications from requirements stated in the Subdivision Regulations may be incorporated following review of the Somerville Planning Commission and ultimate approval of the Town of Somerville Board of Mayor and Aldermen. It is the intent of this Ordinance that subdivision review under the Subdivision Regulations be carried out simultaneously with the review of a PUD; therefore, the Site Plan must be submitted in a form which will satisfy the requirements of the Subdivision Regulations and the PUD approval process.

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2. Application for PUD Permit ‐ Each application for a PUD shall be submitted in accordance with requirements of this Zoning Ordinance and the requirements set forth in the Subdivision Regulations.

3. Waiver of Board of Zoning Appeals Action – No action of the Board of Zoning Appeals shall be required in the approval of a Planned Unit Development.

4. Pre‐Application Conference ‐ Prior to submitting an application and Site Plan, the applicant shall schedule a pre‐application conference with the Town Representative to discuss various aspects of the project and start the communication process which should lead to a successful application, ensuring adequate information will be presented to the Town to facilitate a smooth approval process.

5. Deliberation & Approval Process – Procedures established within the Subdivision Regulations shall be utilized during the Deliberation & Approval Process, thereby concurrently processing applications for PRD’s and resulting Subdivisions.

6. PUD Amendment – Following approval by the Town, a PUD may be amended in accordance with the entire procedure which governed its original approval.

7. Ownership & Division of Land – No tract of land may be considered for or approved as a PUD unless such tract is under the single ownership of a landowner, or has fully executed a Purchase Agreement for purchase of the property, contingent upon PUD approval. For the purpose of PUD consideration, a person, partnership, corporation, association or any other legal entity entitled to own property, or any governmental agency shall be considered landowners. Unless otherwise provided as a condition of PUD approval, the landowner of an adopted PUD may divide and transfer parts of such development. The successor shall complete each section and use and maintain it in strict conformance with the final Development Plan.

8. Common Open Space & Facilities – Assurance of adequate planning and legal dedication shall be required for all Common Spaces in PUD’s. The Site Plan shall show how Common Spaces shall be maintained with the requirement that all Common Spaces shall remain within their intended and permitted use for the duration of the PUD.

9. Landscape Areas – A minimum area of 50% of the entirety of all PUD’s shall be preserved as Landscape Area.

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10. Dedication of Public Facilities – The Town of Somerville Board of Mayor and Aldermen may, as a condition of approval and adoption and in accordance with the final Development Plan, require that suitable areas for streets, public rights‐of‐way, schools, parks and other public areas be set aside, improved and/or dedicated for public use.

11. Adverse Off‐Site Effects – In addition to other considerations, the Town of Somerville Board of Mayor and Aldermen shall require all applicants to ensure protection for surrounding areas from potentially adverse influences as a result of the establishment of the PUD which could include factors such as storm water, water and sewer facilities, streets, noise and other environmental considerations.

12. Site Accessibility – All proposed streets and driveways shall be adequate to serve the residents, occupants, visitors or other anticipated traffic of the PUD, but may be designed so as to discourage outside through traffic from traversing the development. The location of the entrance points of the streets and driveways upon existing public roadways shall be subject to the approval of the Town. There shall be at least two points of egress and ingress from a public street.

13. Off‐Street Parking – Off‐Street Parking shall be conveniently accessible to all dwelling units and other uses. Where appropriate, common driveways, parking areas, walks and steps may be provided, maintained and lighted for night use. Parking and Service Areas may be required to have appropriate Screening.

14. Pedestrians – Pedestrian traffic systems shall be separated, whenever feasible, from the vehicular street system in order to provide an appropriate degree of separation of pedestrian and vehicular movement.

15. Privacy – Reasonable visual and acoustical privacy shall be provided for dwelling units within and adjacent to the PUD. Protection and enhancement of property and the privacy of its occupants may be provided by the screening of objectionable views or uses and reduction of noise through the use of fencing, insulation, natural foliage, berms and landscaped barriers.

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PART 14 COMMUNICATION TOWERS

SECTIONS 14‐2‐1401 Intent & Purpose 14‐2‐1402 Permitted Locations 14‐2‐1403 Setbacks 14‐2‐1404 Shared Use 14‐2‐1405 Type 14‐2‐1406 Structural Requirements 14‐2‐1407 Maximum Height 14‐2‐1408 Co‐Located Towers & Antennas 14‐2‐1409 Lighting 14‐2‐1410 Security 14‐2‐1411 Removal of Obsolete Towers 14‐2‐1401 INTENT & PURPOSE – The purpose of establishing requirements for Communication Towers shall be to provide a suitable area for Communication Towers which will fulfill the local need for such structures without introducing visual clutter and hazardous situations within the Town of Somerville. 14‐2‐1402 PERMITTED LOCATIONS – Communication Towers may be permitted as special exceptions by the Board of Zoning Appeals, limited to sites located in RR, RD, LM, or HM Districts 14‐2‐1403 SETBACKS – All towers and accessory structures shall be set back from the lot line a distance equal to the height of the structure. 14‐2‐1404 SHARED USE

1. The shared use of existing towers or structures shall be required. The applicant’s proposal for a new communications tower shall not be approved unless the applicant can prove that the proposed equipment cannot be accommodated on an existing or approved tower or structure located within a minimum distance of one mile of the proposed tower due to one of the following reasons:

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A. The planned equipment would exceed the structural capacity of the existing or approved tower or structure and said tower or structure does not have the capability to be upgraded;

B. The planned equipment would cause radio frequency interference with other existing or planned equipment;

C. The planned equipment would not function effectively and reasonably on an existing tower or structure;

D. Geographic service requirements would prevent the co‐use of an existing tower or structure.

2. The feasibility of the shared use of any proposed tower in the future shall be addressed at the time of application. As a minimum, a tower shall be designed for the co‐use of a minimum of 3 fully sectored antenna arrays unless such tower is proposed for co‐use on an existing utility structure. The applicant shall provide a letter of intent committing the tower owner and any successive owners to providing for the shared use of the tower, if a future applicant agrees in writing to pay any reasonable rate for the shared use.

14‐2‐1405 TYPE – All new towers over 60 feet in height shall be of mono‐pole type construction. No lattice type antennas or towers over 60 feet in height shall be permitted. 14‐2‐1406 STRUCTURAL REQUIREMENTS – The applicant shall provide written certification from a licensed engineer that the tower is able to withstand winds of a minimum of 70 miles per hour with 0.5 inch radial ice. 14‐2‐1407 MAXIMUM HEIGHT

1. No tower shall exceed a height of 195 feet. 2. In instances when a tower is to be co‐located upon an existing utility

structure, which is defined as a power line structure or an existing water tower, the maximum tower height shall not exceed the height of the structure plus 20 feet.

14‐2‐1408 CO‐LOCATED TOWERS & ANTENNAS – The co‐location of towers and antennas shall only be permitted on existing and proposed communication towers and public utility structures consisting of power line structures or water towers in excess of 35 feet in height.

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14‐2‐1409 LIGHTING – No artificially lighted tower shall be permitted. If the proposed tower is required to be lighted by any applicable statute or ordinance, then the applicant shall be required to reduce the height of the tower or move the tower to eliminate the requirement for lighting. Outside lighting of structures, if required for safety and security purposes, shall be of a sensory fashion in which illumination occurs only when the site is approached. The lighting shall be arranged to minimize glare and reflection on adjacent residential properties and public streets and does not exceed 0.4 foot candles measured at the property line, easement line or abutting properties zoned for residential use. 14‐2‐1410 SECURITY – The tower facility shall be fully secured through the installation of a security fencing/wall system of a minimum height of 8 feet or the height of the accessory structures, whichever is greater. 14‐2‐1411 REMOVAL OF OBSOLETE TOWERS

1. Any tower that is no longer in use for its original communication purpose shall be removed at the owner’s expense. The owner shall provide the Town with a copy of the notice of intent to the FCC to cease operations and shall be given 90 days from the date of the ceasing of operations to remove the tower and all accessory structures, provided another operator has not submitted a request for a tower during that time period. In the case of multiple operators sharing a single tower, this provision shall not become effective until all users cease operations.

2. Prior to the issuance of a permit for any tower, co‐use of any tower or co‐use of any utility structure, a surety instrument (i.e. irrevocable letter of credit or bond), which shall serve to ensure prompt removal of the tower once it ceases to operate, shall be provided by all users. The amount of the surety instrument shall be determined by the Town of Somerville prior to approval by the Planning Commission during the review process.

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PART 15 ENFORCEMENT

SECTIONS 14‐2‐1501 Enforcing Officer 14‐2‐1502 Building Permit 14‐2‐1503 Certificate of Occupancy 14‐2‐1504 Penalties 14‐2‐1501 ENFORCING OFFICER – The provisions of this Zoning Ordinance shall be administered and enforced by a Building Inspector, appointed by the chief legislative body, who shall have the power to make inspections of buildings or premises necessary to carry out his duties in the enforcement of this Zoning Ordinance. 14‐2‐1502 BUILDING PERMITS

1. Building Permit Required – It shall be unlawful to commence the excavation or filling of any lot for the construction of any buildings, including Accessory Buildings, or to commence the moving or alteration of any building, including Accessory Buildings, until the Building Inspector has issued a Building Permit for such work.

2. Issuance of a Building Permit – In applying to the Building Inspector for a Building Permit, the applicant shall submit a Site Plan as defined in this Zoning Ordinance. If the proposed excavation or construction as set forth in the application is in conformity with the provisions of this Zoning Ordinance and other ordinances of the Town of Somerville then in force, the Building Inspector shall issue a Building Permit for such excavation or construction. If a Building Permit is refused, the Building Inspector shall state such refusal in writing with the cause. A. The issuance of a Building Permit shall in no case be construed as

waiving any provisions of this Zoning Ordinance. B. A Building Permit shall become void 6 months from the date of issuance

unless substantial progress has been made by that date on the project described therein.

14‐2‐1503 CERTIFICATE OF OCCUPANCY – No land, building or part thereof hereafter erected or altered in its use of structure shall be used until the Building

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Inspector shall have issued a Certificate of Occupancy stating that such land, building or part thereof and the proposed use thereof are found to be in conformity with the provisions of this Zoning Ordinance. Within 3 days after notification that a building or premises or part thereof is ready for occupancy or use, it shall be the duty of the Building Inspector to make a final inspection thereof and to issue a Certificate of Occupancy if the land, building or part thereof and the proposed use thereof are found to conform with the provisions of this Zoning Ordinance, or, if such certificate is refused, to state such refusal in writing with the cause. 14‐2‐1504 PENALTIES – Any person violating any provisions of this Zoning Ordinance shall be guilty of a misdemeanor, and upon conviction shall be fined not less than $2 or more than $50 for each offense. Each day such violation shall continue constitutes a separate offense.

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PART 16 PERMIT & FEE SCHEDULE

14‐2‐1601 Building Permit 14‐2‐1602 Construction Initiation Without Permit 14‐2‐1603 Sign Permit 14‐2‐1604 Excessive Calls Fee 14‐2‐1605 Manufactured Home Park License Fee 14‐2‐1606 Rezoning & Petition for Zoning Ordinance Amendment Fee

14‐2‐1601 BUILDING PERMIT

1. Accessory Building Permit – A sketch of the proposed Use indicating adherence to all applicable Lot Standards shall accompany the permit application. The Fee for Accessory Buildings shall be $50/inspection as determined by the Building Inspector’s review of the application.

2. Single Family & Duplex Building Permit – A set of plans showing the proposed Use indicating adherence to all applicable Lot Standards shall accompany the permit application. The Fee for these Uses shall be $250 plus $50/inspection as determined by the Building Inspector’s review of the application.

3. Multifamily Residential Building Permit – A Site Plan shall accompany the permit application. The Fee for these Uses shall be $250 plus $50/inspection fee as determined by the Building Inspector’s review of the application.

4. Non‐Residential Building Permit ‐ A Site Plan shall accompany the permit application. The Fee for these Uses shall be $250 plus $60/inspection fee as determined by the Building Inspector’s review of the application.

5. Government‐Owned Building Permit – A Site Plan shall accompany the permit application; however no Fee shall be charged.

6. Relocation – A sketch of the proposed Use indicating adherence to all applicable Lot Standards shall accompany the permit application for the relocation of any building. The Fee shall be $50/inspection as determined by the Building Inspector.

7. Replacement – Replacement of a building destroyed by fire, war, civil disturbance, or natural disaster – 50% Reduction from normal fees

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8. Manufactured Homes ‐ A sketch of the proposed Use indicating adherence to all applicable Lot Standards shall accompany the permit application. The Fee shall be $50.

9. Single Story Double‐wide Modular Homes – A sketch of the proposed Use indicating adherence to all applicable Lot Standards shall accompany the permit application. The Fee shall be $100.

10. Single Story Triple‐wide Modular Homes – A sketch of the proposed Use indicating adherence to all applicable Lot Standards shall accompany the permit application. The Fee shall be $150.

11. All Other Modular Homes – A sketch of the proposed Use indicating adherence to all applicable Lot Standards shall accompany the permit application. The Fee shall be $50/inspection as determined by the Building Inspector.

12. Agricultural Buildings – A sketch of the proposed Use indicating adherence to all applicable Lot Standards shall accompany the permit application; however there shall be no Fee.

14‐2‐1602 CONSTRUCTION INITIATION WITHOUT PERMIT – The Fee charged for initiating construction of buildings or structures without the required permit shall be double the normal fees per occurrence for that particular Use. 14‐2‐1603 SIGN PERMIT – A sketch of the proposed Use shall accompany the permit application. The Fee for this Use shall be $1/ft2 with a minimum charge of $25, with the exception of Off‐Premise Signs, Portable Sidewalk Signs and Suspended Awning Signs, which will be charged a $1 permit fee. 14‐2‐1604 EXCESSIVE CALLS FEE – If an inspection fails due to violations of the applicable Codes & Ordinances; or the work is incomplete; or the site is improperly addressed; or there are any other irregularities that would prevent the approval of the requested inspection; then an additional fee of $50 shall be charged for the first re‐inspection, and for each additional inspection necessary until the violation is corrected. 14‐2‐1605 MANUFACTURED HOME PARK LICENSE FEE – Every Manufactured Home Park shall pay an annual fee of $50 for the first 20 spaces plus $5 for each additional space, which shall be due and payable on January 31.

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14‐2‐1606 REZONING & PETITION FOR ZONING ORDINANCE AMENDMENT FEE – $250

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PART 17 DEFINITIONS

This Section provides definitions for terms in this Zoning Ordinance that are technical in nature or that otherwise may not reflect a common usage of the term. Interpretations of the definitions and terminology that are either within this section or not included will be made by the Town Planner. Accessory – An activity, use, building, or structure that is customarily associated with and is appropriately incidental and subordinate to a principal use, building, or structure and located in the same lot. Accessory Building – A subordinate building or structure detached from the Principal Building, located on the same lot, permanently attached to the ground, and customarily incidental and subordinate to the Principal Building. Swimming pools are considered Accessory Buildings.

Acquired Diameter Inches – Refers to the cumulative diameter of trees in a specified area, with all trees receiving a minimum score of 8, e.g. one 24” diameter tree and one 4” diameter tree in an area would have 32 Acquired Diameter Inches. Adult Oriented Establishment (“AOE”) – Shall have the same meaning as the term “adult‐oriented establishment” as used in TCA 7‐51‐1102, and, in construing the term, the definitions contained in TCA 7‐51‐1102, subsections (1) through (6) and (9) through (26), are likewise incorporated by reference into and made a part of this ordinance; provided that the definition in subsection (1) defining “adult bookstore” shall be amended by deleting “principal and predominate” and replacing it with “significant or substantial”; subsection (2) defining “adult cabaret” shall be amended by deleting “principal use” with “substantial use”; subsection (3) defining “adult entertainment” shall be amended by deleting “principal or predominant theme” and replacing it with “significant or substantial theme”; and subsection (23) defining “sexual encounter center” shall be amended by deleting “primary” and replacing it with “substantial.” Alternative Financial Services ‐ Establishments that (a) are not licensed by an appropriate state or federal agency as a bank, savings and loan association, or

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credit union, industrial loan and thrift office, insurance premium finance company, or mortgage company; (b) are regulated by the Tennessee Department of Financial Institutions; and (c) categorized for purposes of this Zoning Ordinance as: (1) “Title Pledge Lenders” as defined at TCA 45‐15‐103; or (2) “Deferred Presentment Services” as defined at TCA 45‐17‐102; or (3) “Check Cashers” as defined at TCA 45‐18‐102 except that “Check Cashers” do not include Check Cashers exempt from state regulation pursuant to TCA 45‐18‐103; or (4) any combination of Alternative Financial Services which include, but are not limited to, “Title Pledge Lenders,” “Deferred Presentment Services” and/or “Check Cashers” as defined herein.

Awning – A secondary covering attached to the exterior wall of a building. It is typically composed of canvas, cotton, polyester, yarn, or vinyl laminated to polyester fabric that is stretched tightly over a light structure of aluminum, iron, or steel. Location of an awning on a building may be above a window, a door, or above the area along a sidewalk. Awning Valance – A short (≤12”) extension of an awning extending down from the awning the full width of the awning and made of the same material as the awning Building – Any Structure constructed or Used for residence, business, industry, or other public or private purposes, or Accessory thereto, and including tents, dining cars, trailers, Manufactured Homes, Signs, and similar Structures whether stationary or movable. Canopy Tree – A woody plant with a minimum diameter of 2” as measured 12” above the ground that normally achieves an overall height at maturity of greater than 30 feet. Church – A building, together with its accessory buildings and uses, that by design and construction are primarily intended for conducting organized religious services and associated accessory uses. Cul‐de‐sac – The turnaround at the end of a dead‐end street. Deleterious – Refers to any use, product, material, or entity that would normally require special precautions during storage, transport, or assembly as a result of

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being composed of materials that may present a hazard to the public safety and well‐being. Deleterious should not be confused with Dangerous. For example, a knife could be considered dangerous depending upon usage, but it would not be Deleterious. Hydrochloric Acid would be considered Deleterious. A firearms store would not be considered Deleterious, but an ammunition plant would be considered Deleterious. Diameter at Breast Height (DBH) – A standard method of documenting tree size by measuring the diameter of a tree approximately 4.5 feet above the ground. Educational Facility – Any facility whose use is primarily educational in nature, either public or private. The Educational Facility includes school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school or educational facility. Impermeable Surface – Any surface that cannot be easily penetrated by water, mainly composed of artificial coverings such as pavement, buildings, driveways, stone, wood, or concrete Incidental Home Business – A business, profession, occupation or trade conducted for gain or support entirely within a residential building which is incidental and secondary to the use of such building for dwelling purposes and which does not change the essential residential character of such building. Junkyard – Outdoor storage on a single lot in a residential district of any manufactured or processed item or material that is in such condition as to be considered inoperable; or outdoor storage on a single lot in a nonresidential district of more than 3 manufactured or processed items or materials that are in such condition as to be considered inoperable. Manufactured Home – A structure which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained in the structure. May – Permissive

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Modular Home – A residential dwelling manufactured off‐site without a permanent chassis, but with the necessary electrical, plumbing, heating, ventilating and other service systems, and transported to the point of use for installation or erection, with or without other specified components, as a finished building. Multifamily Residential – A classification of housing where more than two separate housing units for residential inhabitants are contained within one building or several buildings within one complex. Examples include apartment complexes and townhouses. Nonconforming Use – The lawful use of a building or structure or of a tract of land which does not conform to any one or more of the applicable use regulations of the district in which it is located, but which did conform to the applicable use regulations when the use was initiated. Permeable Surface – Any surface that allows easy infiltration of water into the sub‐soil. Permeable surfaces include such materials as exposed non‐compacted soil, vegetation, non‐compacted gravel without aggregate, or any other material that allows passage of water through said material. Principal Building ‐ A building that contains the principal activity or use located on a lot. Privacy Fence – A visually obstructive solid fence, higher than 4 feet. Public – Government‐owned or related Rear Setback ‐ The minimum horizontal distance by which any building or structure must be separated from a rear lot line when no street frontage is adjacent to the rear of the lot. Salvage Yard – Any establishment, place of business, or property which is maintained, used, or operated for storing, keeping, buying or selling wrecked, scrapped, ruined or dismantled vehicles, machinery, appliances, structures or parts thereof; or any business establishment or property upon which 6 or more

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unlicensed, used vehicles, or the equivalent, which cannot be operated under their own power are kept or stored. Setback – The minimum horizontal distance by which any building or structure must be separated from a lot line, or in the case of street frontage, the distance from the edge of pavement of the street. Shall ‐ mandatory Shrub – A woody plant that normally has several trunks and rarely achieves an overall height at maturity of greater than 15 feet. Sign – Any object, device, graphic design or part thereof, situated outdoors or indoors and which object, device, graphic design or the effect produced is used to advertise, announce, identify, declare, demonstrate, display, instruct, direct or attract attention by any means including words, letters, figures, designs, fixtures, colors, motion, illumination, sound and projecting images. Any sign requiring a permit is considered to be a structure. The following types of signs are recognized and specifically defined within this Zoning Ordinance: Abandoned Sign – Any sign which identifies or advertises an entity which is no longer available at the indicated location or no longer available on the premises or for which no legal owner can be found.

Attached Sign – Any Permanent Sign which is affixed directly to or otherwise inscribed or painted on a wall, parapet, awning, canopy, or similar attached device of any building with the exposed face of the sign in a plane approximately parallel to the plane of such wall or device and extending therefrom less than 12 inches. Awning Sign – A Permanent Sign painted on, printed on, or attached flat against the surface of an awning or canopy projecting from and supported by the exterior wall of a building. An Awning Sign is a type of Attached Sign. Banner Sign – A Temporary Sign made of vinyl, fabric or other generally flexible material and attached to a frame on more than one side. Billboard – Any Off‐Premise Sign that is >125 ft2 and the bottom of the sign is higher than 8 feet above the ground. Campaign Sign – A sign that is designed to influence issues subject to public voting. Canopy Sign – Same as Awning Sign

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Incidental Home Business Sign – Any sign advertising an Incidental Home Business. Marquee Sign – An awning, canopy, or roof‐like projected Permanent Sign that stands perpendicular to the ground and is normally anchored at its base. A Marquee Sign is a type of Attached Sign. Mobile Sign – Any sign mounted on wheels or chassis or similarly constructed in a manner that would allow easy relocation to an alternate site. Obsolete Sign – Same as Abandoned Sign Off‐Premise Sign – A sign not located on the property that it advertises. On‐Premise Sign – A Permanent Sign located on the subject property, but not attached to the building that it advertises. Pennant Sign – A Temporary Sign made with flexible material and attached on one side only with a frame, allowing movement in the wind. Permanent Sign – A sign permanently anchored to a building or support structure, or attached to the ground utilizing a footing. Permanent Signs shall not be made of canvas, vinyl, paper products, or other flexible material that may move or wave in the wind. Portable Sidewalk Sign – A portable, light sign, normally constructed in a “sandwich‐type” manner that may be placed in front of a business during working hours. Projecting Sign – A Permanent Sign which is attached to and projects perpendicular from a building. Real Estate Sign – A Temporary Sign used for the sole purpose of displaying information regarding the sale, rental or lease of any Real Property. Suspended Awning Sign – A sign suspended from an awning or canopy, displayed perpendicular to the plane of the building and being a minimum of 8 feet above the ground. Temporary Sign – A sign affixed to the ground without a prepared footing, or affixed to a permanent structure by temporary means, such as rope, wire, or other easily removable support and includes all signs made of flexible material such as canvas, vinyl or various paper products allowing some movement with the wind. Vehicular Sign – Any sign painted or attached onto a vehicle not in operable condition and parked continuously in one location with the purpose of advertisement of any sort.

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Street Setback ‐ The minimum horizontal distance by which any building or structure must be separated from the closest street frontage as measured from the edge of pavement. Structure – Anything constructed or erected, the use of which requires a permanent location on the ground or attachment to something having a permanent attachment to the ground. Townhouse – A Multifamily Residential dwelling attached to at least two or more such units in which each unit has its own access to the outside, no unit is located over another unit and each unit is separated from any other unit by one or more vertical fire‐resistant walls. Tree – A woody plant with a minimum diameter of 2” as measured 12” above the ground that normally achieves an overall height at maturity of greater than 15 feet. Understory Tree – A woody plant with a minimum diameter of 2” as measured 12” above the ground that normally has a single trunk and achieves an overall height at maturity of 15‐30 feet. Use – The purpose for which land, water, or a structure thereon is designed, arranged and intended to be occupied or utilized or for which it is occupied or maintained. Use by Right – Any Use that is listed as permissible within the applicable District. Writ of Certiorari – A form of judicial review whereby a court is asked to consider a legal decision made by a governmental entity and decide if the decision was regular and complete, if there has been an error of law, if the entity had the power to make the decision complained of, or whether the entity exceeded its powers in issuing said decision.

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Table 1: Permitted Zoning Uses P= Permitted A=Appeal ‐ = Prohibited

Rural Residen

tial

Low Den

sity Residen

tial

High Density Residen

tial

Multi‐Family Residen

tial

Mobile Home Park

Red

evelopmen

t District

Cen

tral Business

Neighborhood Business

Gen

eral Business

Light Manufacturing

Heavy M

anufacturing

Commercial Uses RR LDR HDR MFR MHP RD CB NB GB LM HM

Adult Oriented Establishments

‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ P

Agricultural Production P A A A A A A A A A A

Alternative Financial Services

‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ A

Bail Bond Services A ‐ ‐ ‐ ‐ A P P P ‐ ‐

Deleterious Product Sales ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ A

Junk Yard A ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ A

Recycling Collection Facility

A ‐ ‐ ‐ ‐ ‐ ‐ ‐ A A A

Salvage Yard A ‐ ‐ ‐ ‐ ‐ ‐ ‐ A A P

Tattoo Parlor ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ P

All Other Sales, Service & Offices

A A A A A A P P P A A

Civic Uses RR LDR HDR MFR MHP RD CB NB GB LM HM

Administrative Services ‐ ‐ ‐ ‐ ‐ A P P P ‐ ‐

Aviation Facilities ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ P ‐ ‐

Cemeteries A A A A A A A A A A A

Churches A A A A A A A A A ‐ ‐

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Rural Residen

tial

Low Den

sity Residen

tial

High Density Residen

tial

Multi‐Family Residen

tial

Mobile Home Park

Red

evelopmen

t District

Cen

tral Business

Neighborhood Business

Gen

eral Business

Light Manufacturing

Heavy M

anufacturing

Civic Uses (Cont.) RR LDR HDR MFR MHP RD CB NB GB LM HM

Communication Service Facilities

‐ ‐ ‐ ‐ ‐ A P P P ‐ ‐

Congregate Living ‐ ‐ ‐ ‐ ‐ A ‐ A A ‐ ‐

Convention Center ‐ ‐ ‐ ‐ ‐ A A A A ‐ ‐

Correctional Institutions ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ A A

Day Care A A A A A A P P P ‐ ‐

Funeral Home A ‐ ‐ ‐ ‐ A A A A ‐ ‐

Library A ‐ ‐ ‐ ‐ A A A A ‐ ‐

Medical Facilities A ‐ ‐ ‐ ‐ A A A A ‐ ‐

Membership Organizations

‐ ‐ ‐ ‐ ‐ A A A A ‐ ‐

Museum A ‐ ‐ ‐ ‐ A A A A ‐ ‐

Parks & Recreation A A A A A A A A A A A

Postal Facilities ‐ ‐ ‐ ‐ ‐ A A A A ‐ ‐

Schools ‐ ‐ ‐ ‐ ‐ A A A A ‐ ‐

Telecommunication Towers

A ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ A A

All Other Civic Uses A A A A A A A A A A A

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ORDINANCE NUMBER 2017‐004

AN ORDINANCE TO ESTABLISH AN UPDATED OCCUPATIONAL SAFETY AND HEALTH PROGRAM PLAN,

DEVISE RULES AND REGULATIONS, AND TO PROVIDE FOR A SAFETY DIRECTOR

AND THE IMPLEMENTATION OF SUCH PROGRAM PLAN

WHEREAS, in compliance with Public Chapter 561 of the General Assembly of the State of Tennessee for the year 1972, the Town of Somerville hereby updates the Occupational Safety and Health Program Plan for our employees.

WHEREAS, due to various changes in subsequent years, it has become necessary to amend the program plan to comply with more recent state requirements.

NOW, THEREFORE BE IT ORDAINED BY THE TOWN OF SOMERVILLE BOARD OF MAYOR AND ALDERMEN that there be and is hereby amended as follows:

TITLE:

This section shall be known as “The Occupational Safety and Health Program Plan” for the employees of the Town of Somerville.

PURPOSE: The Board of Mayor and Aldermen in electing to update the established Program Plan will maintain an effective and comprehensive Occupational Safety and Health Program Plan for its employees and shall: 1) Provide a safe and healthful place and condition of employment that includes:

a) Top Management Commitment and Employee Involvement; b) Continually analyze the worksite to identify all hazards and potential hazards; c) Develop and maintain methods for preventing or controlling the existing or potential hazards; and d) Train managers, supervisors, and employees to understand and deal with worksite hazards.

2) Acquire, maintain and require the use of safety equipment, personal protective equipment and devices reasonably necessary to protect employees.

3) Record, keep, preserve, and make available to the Commissioner of Labor and Workforce Development, or persons within the Department of Labor and Workforce Development to whom such responsibilities have been delegated, adequate records of all occupational accidents and illnesses and personal injuries for proper evaluation and necessary corrective action as required.

4) Consult with the Commissioner of Labor and Workforce Development with regard to the adequacy of the form and content of records. 5) Consult with the Commissioner of Labor and Workforce Development, as appropriate, regarding safety and health problems which are considered to be unusual or peculiar and are such that they cannot be achieved under a standard promulgated by the State. 6) Provide reasonable opportunity for the participation of employees in the effectuation of the objectives of

2

this Program Plan, including the opportunity to make anonymous complaints concerning conditions or practices injurious to employee safety and health. 7) Provide for education and training of personnel for the fair and efficient administration of occupational safety and health standards, and provide for education and notification of all employees of the existence of this Program Plan.

COVERAGE:

The provisions of the Occupational Safety and Health Program Plan for the employees of the Town of Somerville shall apply to all employees of each administrative department, commission, board, division, or other agency whether part‐time or full‐time, seasonal or permanent.

STANDARDS AUTHORIZED:

The Occupational Safety and Health standards adopted by the Town of Somerville are the same as, but not limited to, the State of Tennessee Occupational Safety and Health Standards promulgated, or which may be promulgated, in accordance with Section 6 of the Tennessee Occupational Safety and Health Act of 1972 (T.C.A. Title 50, Chapter 3).

VARIANCES FROM STANDARDS AUTHORIZED:

Upon written application to the Commissioner of Labor and Workforce Development of the State of Tennessee, we may request an order granting a temporary variance from any approved standards. Applications for variances shall be in accordance with Rules of Tennessee Department of Labor and Workforce Development Occupational Safety and Health, VARIANCES FROM OCCUPATIONAL SAFETY AND HEALTH STANDARDS, CHAPTER 0800‐01‐02, as authorized by T.C.A., Title 50. Prior to requesting such temporary variance, we will notify or serve notice to our employees, their designated representatives, or interested parties and present them with an opportunity for a hearing. The posting of notice on the main bulletin board shall be deemed sufficient notice to employees.

ADMINISTRATION:

For the purposes of this ordinance, Franklin Stanford is designated as the Safety Director of Occupational Safety and Health to perform duties and to exercise powers assigned to plan, develop, and administer this Program Plan. The Safety Director shall develop a plan of operation for the Program Plan in accordance with Rules of Tennessee Department of Labor and Workforce Development Occupational Safety and Health, SAFETY AND HEALTH PROVISIONS FOR THE PUBLIC SECTOR, CHAPTER 0800‐01‐05, as authorized by T.C.A., Title 50.

FUNDING THE PROGRAM PLAN:

Sufficient funds for administering and staffing the Program Plan pursuant to this ordinance shall be made available as authorized by the Town of Somerville.

SEVERABILITY:

SECTION 2. BE IT FURTHER ORDAINED that if any section, sub‐section, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof.

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AMENDMENTS, ETC:

SECTION 3. BE IT FURTHER ORDAINED that this ordinance shall take effect from and after the date it shall have been passed, properly signed, certified, and has met all other legal requirements, and as otherwise provided by law, the general welfare of the Town of Somerville requiring it.

Passed on First Reading: May 8, 2017 Passed on Second Reading: June 12, 2017

This Ordinance shall take effect immediately upon adoption and publication.

________________________________________ ________________________________________ Ronnie Neill, Mayor ATTEST: Robert D. Turner, City Administrator

ORDINANCE 2017-006

AN ORDINANCE OF THE TOWN OF SOMERVILLE, TENNESSEE, TO INSERT CHAPTER 4, "FIREWORKS", TO TITLE 7, “FIRE PROTECTION AND

FIREWORKS,” OF THE SOMERVILLE MUNICIPAL CODE

WHEREAS, the Board of Mayor and Aldermen has determined that the sale and use of fireworks with the town limits may create a nuisance and may be injurious to the health, safety, and welfare of persons residing in or near such areas; and

WHEREAS, The Board of Mayor and Aldermen desires to insert Chapter 4, "Fireworks,” to Title 7, “Fire Protection and Fireworks,” of the Somerville Municipal Code for proper codification.

NOW, THEREFORE, BE IT FURTHER ORDAINED by the Somerville Board of Mayor and Aldermen THAT;

Section 1. Chapter 4, "Fireworks," Title 7, of the Town of Somerville Municipal Code is hereby inserted as follows:

CHAPTER4

FIREWORKS

SECTION 7-401. 7-402. 7-403. 7-404. 7-405. 7-406. 7-407. 7-408. 7-409. 7-410. 7-411. 7-412. 7-413.

Purpose. Definitions. Permits required for sale and permit fees. Permit revocation. Business license or permits required. Permissible fireworks. Storing and structures. Limitations on structures. Location of fireworks outlets. Parking for retail fireworks sales site. Unlawful acts in the sale and handling of fireworks. Limited time period for the use of fireworks. Penalties for violations.

7-414. 7-415. 7-416. 7-417.

Seizure and destruction of fireworks. Public displays or exhibits of Class B or 1.3 Fireworks. Exceptions. Requirements or compliance with state regulations not affected.

7-401. Purpose. The purpose of this chapter is to provide for the display, sale and use of certain fireworks for both public and private display within the corporate limits of the Town

of Somerville, Tennessee within certain guidelines which shall provide for the general safety and welfare of the citizens thereof.

7-402. Definition of terms. As used in this chapter the following terms shall have the meaning ascribed to them in this section unless clearly indicated otherwise.

(1) "Manufacturer," any person engaged in the making, manufacture, or construction of fireworks of any type within the Town of Somerville or the State of Tennessee.

(2) " Distributor," any person engaged in the business of making sales of fireworks to any other person engaged in the business of reselling fireworks either as a wholesaler or retailer.

(3) "Wholesaler," any person engaged in the business of making sales of fireworks to any other person engaged in the business of making sales at retail.

(4) "Retailer," any person engaged in the business of making sales of fireworks to consumers.

(5) "Mobile Retailer," means a vendor operating from motor vehicles, trailers, bicycles, or motorbikes.

(6) "Fireworks," means any composition or device for the purpose of producing a visible or an audible effect by combustion, deflagration, or detonation, and which meets the definition of:

(i) All articles of fireworks classified as 1.4G, or referred to as "Consumer Fireworks" or "Class C Common Fireworks,"

(ii) Theatrical and novelty, classified as 1.4S, or (iii) Display fireworks, classified as 1.3G,

As set forth in the U.S. Department of Transpiration's (DOT) Hazardous Materials Regulation, Title 49, Code of Federal Regulations (CFR), Parts 171-180.

(iv) Exceptions: (A) Toy caps for use in toy pistols, toy canes, or toy guns, and novelties

and trick noisemakers manufactured in accordance with DOT regulations, 49 CPR 173.1OO(p), and packed and shipped according to those regulations;

(B) Model rockets and model rocket motors designed, sold, and used for the purpose of propelling recoverable aero models.

(C) Propelling or expelling charges consisting of sulfur, charcoal, and saltpeter are not considered as designed to produce audible effects.

(7) "Permit," means the written authority of the Town of Somerville issued under the authority of this section.

(8) "Person," means any individual, firm, partnership, corporation, of one (1) or more individuals.

(9) "Sale" means an exchange of articles of fireworks for money and also includes barter, exchange, gift, or offer and each such transaction made by any person, whether as principal, proprietor, salesperson, agent, association, co-partnership, or one (1) or more individual(s).

(10) "State Fire Marshal permit" means the appropriate fireworks permit issued by the Tennessee Fire Marshal under the authority of Tennessee Code Annotated§ 68- 104-101, et seq.

(11) Singular words and plural words used in the singular include the plural and the plural as singular.

7-403. Permits required for sale and permit fees.

(1) It is unlawful for any person to sell or to offer for sale in the Town of Somerville any item of fireworks without first having secured a State Fire Marshall Permit and a Permit issued by the Town of Somerville (For a State Fire Marshall Permit to be obtained by a retailer, the Mayor must sign in behalf of the retailer an Application for Fireworks Permit that the state requires before a state permit is issued to a retailer for a specific location).

(a) Permits are not transferable. (b) A permit (to sell fireworks to the general public) is valid only from June 20

through July 9 or December 21 through January 5. (c) The permit fee for retail permits is $750.00 per period per location.

(2) A permit to sell fireworks in the Town of Somerville must be obtained at least one week prior to the date on which the applicant begins making sales. Each application shall contain the following:

(a) The application must include the name, address, and telephone number of applicant.

(b) The applicant must be the person who will operate or be responsible for sales. (c) The applicant's name must be the same as the name on the State Fire Marshal

Permit. (d) The applicant is liable for all violations of this chapter by persons under

his/her supervision. (3) A person that applies for a retail fireworks permit must provide proof of state sales

tax number for sales tax purposes and sales tax proceeds will benefit the Town of Somerville.

(4) A site plan must be submitted that includes the dimensions of the lot, size and location of structure, setback of structure from the right-of-way, location of other structures in the area that are occupied, location and number of parking places, location of any nearby residences, location of nearest fuel outlets, and location of other fireworks outlets if located within 750 feet of a retail structure.

(5) Mobile vendors are not permitted. (6) Flashing signs are not permitted. (7) Sign permits must be obtained from the Town of Somerville, and must meet all

standards and requirements under the appropriate Town Ordinance. (8) The applicant must contain evidence that general liability insurance has been

obtained by applicant naming the Town of Somerville as additional insured for at least $2,000,000 for each occurrence, whether in respect to bodily injury liability or

property damage liability or bodily injury liability and property damage injury liability combined.

(9) The application must disclose the location where the applicant will conduct the business of selling fireworks and the dates for which the right to do business is desired.

(10) The applicant is to maintain a clean fireworks retail site at all locations and clean up the retail fireworks site at all approved locations after tents are removed.

(11) After the application has been submitted and approved, a Town Code Official shall inspect the site for compliance with applicable codes and ordinances.

7-404. Permit revocation.

(1) The Code Official and/or Fire Official may revoke any permit upon failure of retailer to correct any of the following conditions within thirty six (36) hours after the Code Official gives written notice.

(a) When he permittee or permittee's operator violates any lawful rule, regulation, or order of the Town Code Official.

(b) When the permittee's application contains any false or untrue statements. (c) When the permittee fails to timely file any report or pay any tax, fee, fine, or

charge. (d) When the permittee or the permittee's operator violates any fireworks

ordinance, code, or statute. (2) When any activities of the permittee constitute a distinct hazard to life or property,

the Code Official or Fire Official, or both, may revoke the permit immediately.

7-405. Business license or permits required. The issuance of permits herein required does not replace or relieve any person of state, county, or municipal licenses as now or hereafter provided by law. Before the issuance of any town business or privilege license, the Town Recorder shall require each applicant to submit adequate proof of possession of valid fireworks permits as issued by the Town Code Official and State Fire Marshall, or any other required business license, permit, or other requirements required by state law or Town of Somerville Municipal Code.

7-406. Permissible fireworks.

(1) It is unlawful for any individual, firm, partnership, or corporation to sell or use within the Town of Somerville, except as provided in this chapter, any "fireworks" as defined in 7-402(6) other than the following:

(a) Those firms classified by the U.S. Department of Transportation as 1.4G Consumer Fireworks, or

(b) Those items that comply with the construction, chemical composition, and labeling regulations promulgated by the United States Consumer Product Safety Commission and permitted for use by the general public under its regulations.

(2) Any display using 1.3G Display Fireworks must be under the control of a licensed pyrotechnics technician.

7-407. Storing and structures.

No person may smoke within a structure where fireworks are sold. No person selling fireworks may permit the presence of lighted cigars, cigarettes, or pipes within a structure where fireworks are offered for sale. At all places where fireworks are stored or sold, there must be posted signs with the words, "Fireworks- No Smoking" in letters not less than four (4) inches high. An inspected and currently tagged fire extinguisher with a minimum 2A rating and one pressurized water type fire extinguisher must be present at each retail fireworks site. Fireworks sold at retail may be sold only from a freestanding structure. Fireworks must be stored at least ten (10) feet away from any windows and other areas where the sun may shine through. Fireworks are not permitted to be stored in residential districts, except for personal use.

7-408. Limitations on Structures.

Tents meeting the current adopted International Building Code and the Life Safety Code (NFPA 101) may be used for the retail sale of fireworks. Ground fault interrupter protection must be used for power cords that supply power to tents and other outdoor structures. Electrical wiring inside tents and other outdoor locations shall be securely installed, without splices, and lamps shall be protected from accidental breakage by a suitable fixture or guard. No structure from which fireworks are sold may exceed 3,200 square feet. Fireworks may not be stored in a permanent building unless the building has a sprinkler system and is constructed of non-flammable materials such as metal or concrete block.

7-409. Location of firework outlets.

(1) Fireworks sales structures must be no closer than one hundred fifty (150) feet from any occupied building or residence.

(2) Firework sales are permissible only on commercial/industrial property as approved by the Planning Department and the sales structure must be a minimum of forty five (45) feet from the right-of-way.

(3) No fireworks shall be sold at retail at any location where paints, oils, or varnished are for sales or use unless kept in the original unbroken containers.

(4) No fireworks shall be stored, placed, located, sold, or traded within one hundred fifty (150) feet of gasoline sales outlet (service station, market, or other such facility) or within three hundred (300) feet of bulk petroleum storage or distribution facility. All measurements shall be from building-to-building, and not from property line-to property line.

(5) No fireworks structure shall be located within seven hundred fifty (750) feet of another fireworks structure. Priority shall be given to the retailer who obtained a permit the previous year at the same location.

7-410. Parking for retail fireworks sales sites. The site for a fireworks retailer shall be improved to provide at least twelve (12) graveled or paved places for off street and right-of -way customer parking. In addition, the retail fireworks site must provide for an on-site tum-around area so that backing of vehicles onto the street will not be necessary.

7-411. Unlawful acts in the sale and handling of fireworks.

(1) It is unlawful to offer for sale or to sell any fireworks to children under the age of sixteen (16) years of age to any intoxicated person.

(2) It is unlawful to explode or ignite fireworks within six hundred (600) feet of any church, assisted living facility, nursing home, hospital, funeral home, public or private school academic structure, or within two hundred (200) feet of where fireworks are stored, sold, or offered for sale.

(3) It is unlawful to ignite or discharge any permissible articles of fireworks within or throw them from a motor vehicle.

(4) It is unlawful to place or throw any ignited article of fireworks into or at a motor vehicle, or at or near any person or group or persons.

(5) It is unlawful to ignite fireworks on another person's private property unless permission is obtained from the owner or occupant of the property.

(6) It is unlawful to use fireworks at times, places, or in a manner that endangers other persons.

(7) It is unlawful to ignite fireworks during a burning ban declared by either the State of Tennessee or the Town of Somerville Fire Department, except for public (and/or group) displays for which permits have been granted.

7-412. Limited time period for the use of fireworks.

It is unlawful to discharge or use fireworks except for the following time periods. (1) July 1 through July 3 -The permissible hours are from 10:00 AM to 10:30 PM

and July 4 the permissible hours are from 10:00 AM to 11:59 PM. (2) December 31 and January 1 - The permissible hours are from 8:00 PM on

December 31 to 1:00 AM on January 1.

7-413. Penalties for violations.

Notwithstanding any penalty for conviction of any applicable state law or regulation of the State of Tennessee, any individual, firm, partnership, or corporation that violates any provisions of this chapter shall be guilty of a Class C misdemeanor punishable by a fine to the retailer of up to one hundred dollars ($100) for the first offense, a fine of up to two hundred dollars ($200) for the second offense, and a fine of up to five hundred dollars ($500) for subsequent offenses. The Town of Somerville hereby adopts TCA § 68-104-112(a)(l) by reference in this Ordinance.

7-414. Seizure and destruction of fireworks.

The State Fire Marshall shall seize as contraband, any fireworks other than "Class C Common fireworks" as defined in § 7-402(7)(i) hereof and Tennessee Code Annotated Section 68-104-108, or "Special Fireworks" for public displays as provided in § 7- 402(7)(iii) of this chapter, which are sold displayed, used or possessed in violation of this chapter. The State Fire Marshall is authorized to destroy any fireworks so seized.

7-415. Public displays or exhibits of Class B or 1.3 Fireworks. The public display of fireworks, pyrotechnic, and flame effect exhibitors within the corporate limits of the Town of Somerville (Class B or 1.3) shall be governed by the provisions of Tennessee Code Annotated, §§ 68-104-201, et seq., NFPA regulations, and Town of Somerville Ordinances. (1) Any individual or entity must be a licensed exhibitor to perform outdoor fireworks

displays, indoor/outdoor proximate pyrotechnic displays, or an indoor/outdoor display using flame effects and provide proof of licensure to the Town Recorder at least ten (10) days of proposed display.

(2) Permit fees will be fifty dollars ($50) and requires Board of Mayor and Aldermen approval with the exception of the Town of Somerville sponsored displays.

(3) The individual or entity must submit evidence to the Town Recorder that general liability insurance has been obtained by the exhibitor naming the Town of Somerville as additional insured for at least $2,000,000 for each occurrence, whether in respect to bodily injury liability or property damage liability or bodily injury liability and property damage injury liability combined at least ten (10) in advance of proposed display.

(4) Applications for permits for public displays must be provided to the Town of Somerville Fire Chief at least ten (10) days in advance of the proposed display for approval. The application bearing signature of Town Fire Chief attesting to approval must be submitted to the Town of Somerville Police Chief and Recorder.

(5) The Town of Somerville hereby adopts Tennessee Code Annotated § 68-104-210(a) as a Town of Somerville Ordinance violation. A violation of this Section is a Class B misdemeanor and fines may be imposed as allowed therein.

7-416. Exceptions.

(1) Nothing in this chapter shall be construed as applying to the manufacture, storage, sale or use of signals necessary for the safe operation of railroads or other classes of public or private transportation or of illuminating devices for photographic use, nor as applying to the military of the United States, or the State of Tennessee or to peace officers of the town or of the state, nor as prohibiting the sale or use of blank cartridges for ceremonial, theatrical, or athletic events, nor as applying to transportation, sale or use of fireworks solely for agricultural purposes, providing the purchaser shall first secure a written permit to purchase and use fireworks for agricultural purposes only from the town fire marshal, and the state fire marshal, after approval of the county agricultural agent of Fayette County, Tennessee, and

said fireworks must at all times be kept in possession of the farmer to whom the permit is issued. Items sold for agricultural purposes shall be limited to those items that are legal for retail sale and use within the town and state.

(2) The sale of any kind of fireworks that are to be shipped directly out of the corporate limits of the Town of Somerville in accordance with the regulations of the United States Department of Transportation covering the transportation of explosives and other dangerous articles by motor, rail, and or water.

7-417. Requirements or compliance with state regulations not affected.

This chapter shall in no wise affect the validity of any law or regulation promulgated by the State of Tennessee or by the State Fire Marshall thereof, as relates to the control and regulation of the manufacture, sale or use of fireworks within the State of Tennessee. It is the intent of this chapter to authorize the public display, sale and use of such fireworks within the corporate limits of the Town of Somerville in accordance with the applicable state regulations, as augmented by the rules and regulations of the Town of Somerville. The enforcement of this regulation shall be the responsibility of the Fire Chief, Police Chief, Code Official, and Town Recorder of the Town of Somerville.

SECTION 2: this Ordinance shall become effective immediately upon its adoption, THE PUBLIC HEALTH, SAFETY AND WELFARE REQUIRING IT.

Passed on First Reading: May 8, 2017 Passed on Second Reading: June 13, 2017

____________________ ________________________________ Ronnie Neill, Vice Mayor Attest: Robert D. Turner, City Administrator

CEMETERY MAINTENANCE CONTRACT BID TABULATION

Bid documents were prepared and requests for sealed bids were advertised for two consecutive weeks in the Fayette Falcon. Three packet were distributed to potential companies for this project. One bidder was present at the bid opening held on June 8, 2017 at 11:00 AM. One company out of the three returned a bid for consideration. The bid was as follows: Southern Acres Lawn Care –

Unit Price Expected per Total Calendar Year Cost $1,200 per grass cutting 25 $30,000 $1,200 per leaf removal 5 $6,000 Total Annual Cost 30 $36,000

Agenda Number 8.4.4

REPORT TO THE BOARD OF MAYOR AND ALDERMEN

DATE: June 13, 2017

FROM: Bob Turner, City Administrator

SUBJECT: Cemetery Maintenance Contract Award

PRESENTED BY: Bob Turner

INTRODUCTION:

The purpose of this agenda item is to discuss the award of the Cemetery Maintenance Contract.

BACKGROUND:

We have had the same company cutting the grass at the Cemetery for the past 15 years. This company has cut the grass for the same price since 2002 at a cost of $840 per event. This has cost us on average around $15,000 to $17,000 per year, or 18 to 20 events per year. He has decided to retire from the grass cutting business. The bid we received from the one responsive bidder was $1,200 event per year which we anticipate would cost us around $25,000 per year for the same level of service.

DISCUSSION:

Continuing the current level of service we have been getting over the last 15 years would mean that the company would have to service the cemetery 18 to 20 times a year (basically cutting the grass every two weeks) and would cost around $25,000 a year. We could increase the level of service by having them cut the grass more often in the summer time, keeping the grass shorter during the growing season. That service would be about 30 times a year and would cost around $36,000. Increasing the level of service would require us to increase the cemetery budget by $11,000 per year.

BUDGET IMPACT: The current level of service is included in the Proposed FY18 Budget

Report to the Board of Mayor and Aldermen June 13, 2017 Page 2 RECOMEMENDATION BY: Bob Turner RECOMMENDED MOTION: To award the Cemetery Maintenance Contract to Southern Acres Lawn Care.

Board Action:

Motion by: Seconded by:

Voice Vote

Results:

Roll Call Results: (If Taken)

Vote Total

Neill Myers Douglas Accardi French Hamilton Lofties

YES

NO

ABSTAIN

Request for Proposals Resurfacing of the UT Martin Somerville Center Parking Lot and Walking Trail

Town Of Somerville, Tennessee P. O. Box 909

13085 N. Main St. Somerville, Tennessee 38068

Sealed Proposals will be received by the Town of Somerville, Tennessee, for Resurfacing of the UT Martin Somerville Center Parking Lot and Walking Trail at the Town Hall, Somerville, Tennessee 38068, on or before July 6, 2017, 11:00 a.m., C.D.T. Project to include preparing the current surface, resurfacing the parking lot and the walking trail with a 1.5 inch layer of compacted hot mix asphalt paving, repairing any asphalt curbs that require repairs. A MANDATORY PRE-BID MEETING WILL BE HELD ON THURSDAY, JUNE 29, 2017 AT 9:00 AM at the site of the project located at 214 Lakeview Road, Somerville, Tennessee. All interested contractors must attend the Pre-Bid Meting to be considered as a contractor for this project. Preliminary area estimates for the parking lot and the walking trail are approximately 10,675 square yards and 2,122 square yards respectively, or 871 tons and 173 tons; however, Bidders are responsible for estimating their own quantities. The envelope containing the proposal must be sealed and plainly marked "Resurfacing of the UT Martin Somerville Center Parking Lot and Walking Trail". The sealed bids, invited by the Town of Somerville, will be received by the Town of Somerville, P. O. Box 909, 13085 N. Main St., Somerville, Tennessee 38068, until July 6, 2017, 11:00 a.m., C.D.T. at which time they will be opened and publicly read aloud and a contract awarded as soon thereafter as practicable. In making its award, the Town will evaluate, in addition to pricing, references, work load, and past performance. In short, the lowest price quoted may not win the subsequent award, as these other evaluation criteria are extremely important to the Town and the Town's evaluated decision shall be final. It is the policy of the Town of Somerville that all Town-sponsored public meetings and events are accessible to people with disabilities. If you need assistance in participating in this meeting or event due to a disability as defined under the ADA, please call the Town’s ADA Coordinator at (901) 465-7300 at least three (3) business days prior to the scheduled meeting or event to request an accommodation. Proposals must be made on the Proposal Forms and in accordance with Instructions to Bidders furnished by the Town of Somerville. The defined terms appearing in the General Specifications apply to all Contract Documents. Copies of the Proposal Forms are attached hereto. A proposal bond or certified check must accompany the Proposal, in accordance with the Instructions to Bidders. The Town reserves the right to reject any or all Proposals regarding the Resurfacing of the UT Martin Somerville Center Parking Lot and Walking Trail, to waive irregularities and/or informalities in any Proposal, and to make an award in any manner, consistent with law, deemed in the best interest of the Town. Date: June 13, 2017

INSTRUCTIONS TO BIDDERS UT MARTIN SOMERVILLE PARKING LOT AND

WALKING TRAIL RESUFACING PROJECT

1. PRE-BID MEETING: All Contractors interested in submitting a proposal for this project must attend the PRE-BID MEETING ON JUNE 29, 2017 AT 9:00 AM at the site of the project located at 214 Lakeview Road, Somerville, TN 38068, which is the location of the old Methodist Hospital Building.

2. RECEIPT AND OPENING OF PROPOSALS: The Town of Somerville invites

and will receive Proposals on the forms attached hereto, on which all information must be appropriately completed. Proposals will be received at City Hall until 11:00 A.M. C.D.T. ON JULY 6, 2017, and publicly opened and read aloud on the aforesaid date. The envelopes containing the Proposals must be sealed and addressed to Robert Turner, City Administrator, Town of Somerville, and plainly marked "Proposal for Resurfacing of the UT Martin Somerville Center Parking Lot and Walking Trail".

3. PREPARATION OF THE PROPOSAL: All Proposals shall be made on the

Proposal Form attached hereto and shall give the amount of bids for work and must be signed by the Bidders. All blank spaces in each Proposal Form, together with appropriate schedules, must be completed in full in ink or typewritten, in both words and figures.

If a unit price or a lump sum already entered by the Bidder on the Proposal Form is to be altered, it shall be crossed out with ink and the new unit price or lump sum bid entered above or below it, in ink, and initialed by the Bidder in ink. Each Proposal, together with appropriate schedules, must be submitted in a sealed envelope bearing on the outside the name of the Bidder, its address, and plainly marked "Proposal for Resurfacing of the UT Martin Somerville Center Parking Lot and Walking Trail". If forwarding by mail, the sealed envelope containing the Proposal must be enclosed in another envelope addressed as specified in the Proposal. The Town may consider as irregular any Proposal not prepared and submitted in accordance with the provisions hereof and may waive any informalities or reject any and all Proposals. Any Proposal may be withdrawn prior to the above-scheduled time for the opening of Proposals or authorized postponement thereof. Any Proposal received after the time and date specified above shall not be considered.

4. PROPOSAL SECURITY AND EVIDENCE OF INSURANCE: Each Proposal must be accompanied by a bond or a certified check of the Bidder, drawn on a national bank, in the amount of $25,000.00. The total shall be a guarantee on the part of the Bidder that it will, if called upon to do so, accept and enter into a contract on the attached form, to do the work covered by such Proposal and at the rates stated therein, and to furnish a corporate surety for its faithful and entire fulfillment. Checks and bonds will be returned promptly after the Town and the selected Bidder have executed the Contract, or, if no Bidder's Proposal has been selected within thirty (30) days after the date of the opening of Proposals, upon demand of the Bidder at any time thereafter, so long as it has not been notified of the acceptance of its Proposal. Each Proposal must also be accompanied by a certificate of insurance evidencing the coverage set forth in Section 12.00 of the General Specifications.

5. LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO THE CONTRACT:

The Contract shall be deemed as having been awarded when formal notice of award has been mailed by the Town to the Bidder by certified mail, return receipt requested. The Bidder to whom the Contract shall have been awarded will be required to execute three (3) copies of the Contract on the form attached hereto and to furnish insurance certificates, all as required. In case of the Bidder's refusal or failure to do so within twenty (20) days after its receipt of formal notice of award, Bidder will be considered to have abandoned all rights and interests in the award, and Bidder's proposal security may be declared forfeited to the Town as liquidated damages. The award may then be made to the next best qualified Bidder or the work readvertised for Proposals as the Town may elect.

6. SECURITY OF PERFORMANCE: The Proposal shall be accompanied by a letter from a corporate surety satisfactory to the Town stating that the Performance Bond will be furnished by it to the person submitting the Proposal in the event it is the successful Bidder. Such letter is to be signed by an authorized representative of the surety together with a certified and effectively dated copy of the power of attorney attached thereto. The successful Bidder will be required to furnish a performance bond as security for the faithful performance of this Contract. The bond shall reflect the Contractor’s Bid, to be determined according to basis of payment referenced in Section 13.00 below. Premium for the bonds described above shall be paid by the Contractor. A certificate from the surety showing that the bond premiums are paid in full shall accompany the bond.

The form of the bond is appended hereto. The surety on the bond shall be a duly authorized corporate surety company authorized to do business in the State of Tennessee.

7. POWER OF ATTORNEY: Attorneys-in-fact who sign bonds must file with each bond a certified and effectively dated copy of their power of attorney.

8. SCOPE OF WORK: The work under this Contract shall consist of the items

contained in the General Specifications and Proposal, including all incidentals necessary to complete fully said work in accordance with the Contract Documents.

9. CONDITIONS: Each Bidder shall be required to attend the Pre-Bid Meeting

on Thursday, June 29, 2017 at 9:00 AM to be held at 214 Lakeview Road, Somerville, Tennessee, the location of the work to fully acquaint itself with conditions relating to the scope and restrictions attending the execution of the work under Contract. Bidders shall thoroughly examine and be familiar with the Specifications.

It is also expected that the Bidders will obtain information concerning the conditions at locations that may affect its work. The failure or omission of any Bidder to receive or examine any form, instrument, addendum or other document, or to acquaint itself with existing conditions, shall in no way relieve it of any obligations with respect to his Proposal or to the Contract. The Town shall make all such documents available to the Bidder. The Bidder shall make its own determination as to conditions and shall assume all risk and responsibility and shall complete the work in and under conditions it may encounter or create, without extra cost to the Town. The Bidder's attention is directed to the fact that all applicable State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the work to be performed shall apply to the Contract throughout, and they will be deemed to be included in the Contract as though written out in full in the Contract.

10. ADDENDA AND EXPLANATIONS: Explanations desired by a prospective

Bidder shall be requested of the Town in writing, and if explanations are necessary, a reply shall be made in the form of an Addendum, a copy of which will be forwarded to each Bidder. Additional questions may be asked at the Pre-Bid Meeting and will also be addressed in an addendum sent to all bidders in writing. Every request for such explanation shall be in writing addressed to

Robert Turner, City Administrator. Any verbal statements regarding same by any person prior to the award shall be unauthoritative and not binding. Addenda issued to Bidders prior to date of receipt of Proposals shall become a part of the Contract Documents, and all Proposals shall include the work described in the Addenda. No inquiry received within seven (7) days of the date fixed for the submission and opening of Proposals will be given consideration. Any and all such interpretations and any supplemental instructions will be in the form of written Addenda, which, if issued, shall be mailed to all prospective Bidders, not later than five (5) days prior to the date fixed for the opening of Proposals.

11. NAME, ADDRESS, AND LEGAL STATUS OF THE BIDDER: The Proposal

must be properly signed in ink and the address of the Bidder given. The legal status of the Bidder whether corporation, partnership, or individual shall also be stated in the Proposal. A corporation shall execute the Proposal by its duly authorized officers in accordance with its corporate by-laws and shall also list the state in which it is incorporated. A partnership Bidder shall give full names of all partners. Partnership and individual Bidders will be required to state in the Proposal the names of all persons interested therein. The place of residence of each Bidder, or the office address in the case of a firm or company, with county and state and telephone number, must be given after the Bidder’s signature. If the Bidder is a joint venture consisting of a combination of any or all of the above entities, each member of the joint venture shall execute the Proposal. Anyone signing a Proposal as an agent of another or others must submit with his Proposal, legal evidence of his authority to do so.

12. COMPETENCY OF BIDDER: The opening and reading of the Proposal shall

not be construed as an acceptance of the Bidder as a qualified, responsible Bidder. The Town reserves the right to determine the competence and responsibility of a Bidder from its knowledge of the Bidder's qualifications or from other sources.

13. DISQUALIFICATION OF BIDDERS: Although not intended to be an

exhaustive list of causes for disqualification, any one or more of the following causes, among others, may be considered sufficient for the disqualification of a Bidder and the rejection of its Proposal:

(a) Evidence of collusion among Bidders

(b) Lack of competency as revealed by either financial statements, experience or equipment statements as submitted or other factors

(c) Lack of responsibility as shown by past work, judged from the standpoint of workmanship as submitted

(d) Default on a previous municipal contract for failure to perform

14. BASIS OF THE PROPOSAL: Lump Sum

15. QUANTITIES: The contract is for a lump sum proposal for the Resurfacing of a Parking Lot and Walking Trail and all appurtenances. Bidders are responsible for estimating their own quantities.

16. METHOD OF AWARD: The Town reserves the right to accept any Proposal or

to reject any or all Proposals, and to waive defects or irregularities in any Proposal. In particular, any alteration, erasure or interlineations of the Contract Documents and of the Proposal shall render the accompanying Proposal irregular and subject to (but not requiring) rejection by the Town.

Therefore, the Town intends to award the Contract within ten (10) days following the date that Proposals are publicly opened and read.

GENERAL A. SCOPE OF WORK The project generally consists of: vegetation removal, surface cleaning, preparatory paving repairs and crack sealing, any inc identa l repa i rs , excavation and preparation of the subgrade for the Parking Lot and the Walking Trail, removal of concrete pads as indicated on Appendix A, installation and compaction of mineral aggregate base as needed, replace/repair asphalt/concrete curbing as needed, add or repair drainage issues as needed, installation of asphalt pavement overlay, painting parking space lines and directional arrows, and seeding with mulch for all areas that will be disturbed on the periphery of the construction area and interior plant bed islands. Project to include resurfacing the parking lot and the walking trail with a 1.5 inch layer of compacted hot mix asphalt paving. B. START AND COMPLETION DATE: The Contractor may start any time after July 24, 2017 but must complete all work for this Project no later than August 31, 2017. Every effort must be made to complete this project in a timely manner. Contractor shall pave the Parking Lot first and then pave the Walking Trail last making sure the Parking Lot and striping are finished at the earliest time possible.

CONTRACTOR TO COORDINATE WITH CONCRETE PAD SCHEDULE C. RELATED DOCUMENTS

1. Appendix A: Diagram of Parking Lot outlining the area to be paved, area to

be demolished, and area to be prepared for paving. 2. Appendix B: Diagram of Parking Lot indicating the method for striping to

optimize parking spaces.

3. Appendix C: Diagram of Walking Trail

4. All construction shall conform to the most recent edition (January 1, 2015) of the Tennessee Department of Transportation Standard Specifications for Road and Bridge Construction and the Standard Roadway and Structure Drawings and as additionally hereinafter supplemented by specifications.

Copies of related Tennessee Department of Transportation documents may be downloaded free from: http://www.tn.gov/tdot/article/transportation-construction-2015-standard- specifications or purchased from: The Construction Division Office State of Tennessee Department of Transportation James K. Polk Bldg. Nashville, TN 37234-0350

D. PLANS AND SPECIFICATIONS

1. The intent of the DRAWINGS and SPECIFICATIONS is that the CONTRACTOR shall furnish all labor, materials, tools, equipment, and transportation necessary for the proper execution of the WORK in accordance with the CONTRACT DOCUMENTS and for all incidental work necessary to complete the PROJECT in an acceptable manner, ready for use, occupancy, or operation by the OWNER.

2. These specifications, the Supplemental Specifications, the Plans, Special

Provisions and all other documents which are part of the Contract, are intended to be complementary and to describe and provide for a complete work. Requirements in one of these are as binding as if occurring in all of them. In case of discrepancy, Special Technical Specifications will govern over these Specifications, PLANS will govern over both. In interpreting PLANS, calculated dimensions will govern over scaled dimensions; Plans, typical cross- sections, and approved working drawings will govern over standard drawings.

The CONTRACTOR shall take no advantage of any error or omission in the Plans or Specifications or of any discrepancy between the Plans, the Specifications, or any other of the Contract documents which may apply. In the event the Contractor discovers any error or discrepancy, he shall immediately call upon the ENGINEER for his interpretation and decision; such decision shall be final. At the Contractor’s request, such decision may be had in writing.

3. The PLANS and Detailed Drawings contained therein shall govern over the Tennessee Department of Transportation’s Standard Drawings.

4. Any discrepancies found between the PLANS and SPECIFICATIONS and site conditions or any inconsistencies or ambiguities in the PLANS or SPECIFICATIONS shall be immediately reported to the ENGINEER, in writing, who shall promptly correct such inconsistencies or ambiguities in writing. WORK done by the CONTRACTOR after discovery of such discrepancies, inconsistencies, or ambiguities shall be done at the CONTRACTOR’S risk.

E. WORK SEQUENCE

1. Coordinate the construction schedule and operations with the Owner’s Representative. Every effort will be made by the CONTRACTOR to meet the specified deadline for completion of work on the project. Liquidated damages will be applied for each day over the deadlines for the work on the project.

2. Construct the work in stages to accommodate the use of premises by

property owners and the OWNER during the construction period; coordinate the construction schedule and operations with the OWNER’s Representative.

3. Construct the work in stages to prevent erosion and to control sediment.

F. CONSTRUCTION STAKING The Contractor will provide construction staking for the project. G. CONTRACTOR’S USE OF PREMISE

1. Contractor shall limit his use of the premises for Work and for storage, to allow for: a. Owner occupancy. b. Public use.

2. Contractor shall coordinate use of premises under direction of Owner’s

representative.

3. Contractor shall assume full responsibility for the protection and safekeeping of Products under this Contract, stored on the site.

4. Contractor shall move any stored products, under Contractor’s control, which

interfere with operations of the Owner.

CONTRACT

THIS CONTRACT, made and entered into this day of , 2017 by and between the Town of Somerville, a Municipal Corporation of Fayette County, Tennessee, (hereinafter called the "TOWN"), and ______________________________ (Hereinafter called "Contractor").

W I T N E S S E T H:

WHEREAS, the Contractor did on the day of , 2017, submit a Proposal to perform Resurfacing of the UT Martin Somerville Center Parking Lot and Walking Trail within the Town and to perform such work as may be incidental thereto.

NOW, THEREFORE, in consideration of the following mutual agreements and covenants, it is understood and agreed by and between the parties hereto as follows:

1. The Contractor is hereby granted a contract for services within the territorial jurisdiction of the Town and shall furnish all personnel, labor, equipment, and all other items necessary to perform Resurfacing of the UT Martin Somerville Center Parking Lot and Walking Trail as specified and to perform all of the work called for and described in the Contract Documents.

2. The Contract Documents shall include the following documents, and this Contract does hereby expressly incorporate same herein as fully as if set forth verbatim in this Contract:

a. The Request for Proposals b. The Instructions to Bidders c. The Contractor's Proposal d. The General Specifications e. The resolution of the Town ordering or authorizing the work and services

contemplated herein f. The Performance Bond g. This instrument

3. All provisions of the Contract Documents shall be strictly complied with and

conformed to by the Contractor, and no amendment to this Contract shall be made except upon the written consent of the parties, which consent shall not be unreasonably withheld. No amendment shall be construed to release either party from any obligation of the Contract Documents except as specifically provided for in such amendment.

4. This Contract is entered into subject to the following conditions:

a. The Contractor shall procure and keep in full force and effect throughout the term of this Contract all of the insurance policies specified in, and required by, the Contract Documents.

b. Neither the Contractor nor the Town shall be liable for the failure to perform their duties if such failure is caused by a catastrophe, riot, war, governmental order or regulation, strike, fire, accident, act of God or other similar or different contingency beyond the reasonable control of the Contractor.

c. In the event that any provision or portion thereof of any Contract Document shall be found to be invalid or unenforceable, then such provision or portion thereof shall be reformed in accordance with the applicable laws. The invalidity or unenforceability of any provision or portion of any Contract Document shall not affect the validity or enforceability of any other provision or portion of the Contract Documents.

IN WITNESS WHEREOF, we, the contracting parties, by our duly authorized agents, hereto affix our signatures and seals as of this day of ___________, 2017.

TOWN OF SOMERVILLE, TENNESSEE

A Municipal Corporation of Fayette County, Tennessee

By: ____________________________________

Mayor Ronnie Neill

Attest: ____________________________________

City Administrator Robert Turner

SEAL OF THE TOWN OF

SOMERVILLE, TENNESSEE

ATTEST:

By: Contractor

Attest: ____________________________________

BID FORM

Bid Submittal

Bid price to furnish all labor, equipment and materials for the Resurfacing of a Parking Lot and Walking Trail and all appurtenances located at UT Martin Somerville Center.

LUMP SUM FOR PARKING LOT AND WALKING TRAIL RESURFACING:

Lump Sum $_______________________

TOTAL: Lump Sum $_______________________

SUBMITTED BY:

_____________________________________ By: _____________________________ Bidder

_____________________________________ ________________________________ Business Address Signature

____________________________________ ________________________________ City, State & Zip Code Title ____________________________________ ________________________________ Date Business Telephone

rturner

Text Box

Appendix A

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NOTICE INVITING QUOTES Town of Somerville

TRAFFIC SIGNAL MAINTENANCE

1. INTRODUCTION

The Town of Somerville hereby solicits quotes from qualified traffic signal maintenance & operations contractors interested in providing traffic signal maintenance services for the Town of Somerville for the next three (3) fiscal years starting on July 15, 2017 and ending on June 30, 2020.

2. RESERVATION

a. The Town reserves the right to withdraw this Notice Inviting Quotes b. The Town reserves the right to reject any or all quotes, or not award the contract at

any time. c. The Town reserves the right to waive any irregularity or informalities contained in

any quotes received. d. The Town reserves the right to negotiate with the successful vendor any additional

terms or conditions not contained within the contract that are in the best interests of the Town.

3. COST

Any costs incurred by the vendor in the preparation of the responses to this request are the sole responsibilities of the vendor.

4. TERMS OF THE QUOTE

The quote shall remain valid for 90 days from the due date stated below, and; upon submission, becomes the property of the Town.

5. DUE DATES

Quotes must be submitted to the Town of Somerville, 13085 North Main Street, Somerville, TN 38068 no later than June 30, 2017 at 5:00 PM.

6. PRICING Provide a quote to include regular semiannual maintenance inspections, annual monitor testing and calibration, and extra work requested by the Town on an as-needed basis per Exhibit “C”. The Town intends to award the Contract to the firm that submits the lowest responsible, responsive, and complete quote for work included in the quote package, as well as hourly rates for extra work. Quote prices shown shall include pricing for all labor and equipment, such as bucket and service vehicles, required to perform traffic signal maintenance. Quoted prices submitted shall be in effect for the entire duration of the contract, including any extensions as specified.

7. CAPABILITIES

Firm providing quote must provide sufficient documentation to demonstrate that they have the capabilities to provide services as specified. Documentation should include, but is not

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limited to describing current and past performance of similar service to other customers.

8. SUBMITTAL INFORMATION Submit One (1) copy of the quote to: Town Of Somerville Public Works Director 13085 North Main Street

P.O. Box 909 Somerville, TN 38068

Review all elements of this request for quote carefully. Quotes that do not adequately address the issues requested may be considered non-responsive.

Interpretation of Specifications/Requirements: Every request for an interpretation shall be made to the City Administrator, Attn: Bob Turner by calling (901) 465-7306 or by email at [email protected].

9. CONTRACT AWARD

It is anticipated that the Town will review staff’s recommendation and award a contract for traffic signal maintenance and repair at its meeting on July 10, 2017, to allow services to begin July 15, 2017.

10. PACKAGES The quote documents are available by contacting the City Administrator, Bob Turner, (901) 465-7306 or by email at [email protected].

Quote package consists of: Quote Documents Exhibit A – Technical Specifications Exhibit B – Traffic Signal Inspection Procedures Exhibit C – Quote Form Exhibit D- Contract for Services

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EXHIBIT A

TECHNICAL SPECIFICATIONS, TRAFFIC SIGNAL MAINTENANCE AND REPAIR PROGRAM

DESCRIPTION OF WORK The work consists of performing preventive maintenance inspections and repairs on the Town of Somerville (Town’s) traffic signals within the Town, and other incidental and related work as directed by the Town, all as shown in these exhibits, Traffic Signal Systems, and specifications for the project. QUANTITIES Quote schedule “A” is based on a total of Two (2) inspections per year at each location. Quote schedule “B” is based on ONE (1) calibration per year and ONE (1) Monitor test per year per site. The work under schedule “B” will be performed concurrently with the first regular preventive maintenance procedure each year. Quote schedule “C” shall include a separate price per hour for miscellaneous labor and repairs extra work, not included in Quote Schedule A and B as described. Payment for this item of work shall be based on the actual quantity of hours of work actually requested by the Town and completed by Contractor. The quoted price per hour shall include compensation for all costs, including labor and equipment, required to perform the work as specified and no additional compensation will be allowed therefore. The preliminary estimate of the quantities of work shown in the proposal is approximate only, being given as a basis for the comparison of quotes. The Town does not expressly, or by implication, agrees that the actual amount of work will correspond, but reserves the right to increase or decrease the amount of any class or portion of work or to omit portions of the work that may be deemed necessary or expedient by the Town. Overhead, profit, bond premium, temporary construction facilities, and other such items shall be included in prices listed in the quote. MATERIALS Should the Contractor determine that parts are needed that have not been supplied by the Town in advance, the contractor shall provide the Town a written list of materials needed. The Contractor shall furnish monitor testers, bucket trucks and any other equipment required to complete the project under these Special Provisions. Unless otherwise directed by the Town, manufacturer's instructions or installation recommendations shall be followed. All materials to be salvaged shall be at the Town’s discretion. Payment for removed materials and delivering salvaged materials shall be considered as included in the price paid for the various items of work and no additional compensation will be allowed.

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SCHEDULING WORK Prior to beginning any work, the Contractor shall furnish the Town with a work progress schedule in writing indicating the anticipated work procedure. The first inspection shall be performed concurrently with the monitor testing and shall be completed within the first 30 days of the contract. Subsequent inspections shall be performed at 180-day intervals. This schedule shall be kept current and the Town shall be notified in writing 48 hours in advance of any variation thereof. The Contractor shall also supply the Town with a telephone number or numbers where a duly authorized representative of the Contractor may be reached at any time. Excepting emergencies that affect public safety, work hours will be limited to the hours between 7:00 am to 4:00 p.m. The Contractor shall receive the Town’s approval prior to working hours other than 7:00 am to 4:00 p.m. Prior to beginning work, a conference shall occur with the Contractor and Town concerning the schedule, traffic control, and job safety. The Contractor may begin work after receiving notice that the contract has been approved. RIGHT-OF-WAY The Town has acquired the rights-of-way and easements in which the work shall be performed. The Contractor shall be responsible for making arrangements and paying all expenses for any additional working or storage area outside of the limits of right-of-way unless otherwise provided in the Special Provisions. TRAFFIC CONTROL All traffic control shall be in accordance with the State of Tennessee Requirements and the most current Manual of Uniform Traffic Control Devices. Nothing in these Specifications is to be construed as to reduce the minimum standards set in said manual. Traffic control shall be maintained at all times as provided in these Technical Specifications except as otherwise approved by the Town. All vehicles that are used by the Contractor shall have the Contractor’s company name, logo, and vehicle number on it. In addition, while working in the Town, all Contractors’ employees shall wear Contractor’s uniform and ID. Personal vehicles of the Contractor's employees shall not be parked in any section closed to public traffic. In the event that a traffic lane closure is required, the Contractor shall notify the Town in writing 48 hours prior to closing any lanes. Only one lane shall be closed at a time and no lane closures will be allowed on designated legal holidays or on the day before a designated holiday. During lane closures, one traffic lane, not less than 11’ wide shall be open for use by public traffic.

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The Contractor shall be responsible for supplying, installing and maintaining temporary traffic control devices and flaggers as necessary to give adequate warning to the public at all times for lane closures. All traffic control equipment shall be removed when it is no longer required. Upon request, the Contractor shall submit to the Town a temporary traffic control plan to be used for lane closures. All existing warning, regulatory, and information signs shall be maintained in a visible location during construction by the Contractor. Full compensation for furnishing all labor, materials, tools, equipment and incidentals for doing all work involved in temporary traffic control required by the Town shall be considered as included in the per hour rate, and no additional compensation will be allowed. STATEMENT OF WORK The Contractor shall provide ongoing and regular field preventive maintenance and repairs of traffic signal equipment, associated lighting and flashing beacons, and other pertinent apparatus by duly trained and qualified personnel as described at the end of Exhibit A and in Exhibit D. The Contractor shall have experience for the past three consecutive years in traffic signal maintenance for at least three cities, and own the required equipment. The Contractor shall provide a Traffic Signal Maintenance Technician with a minimum of three years’ experience in traffic signal repairs during the entire term of the Contract to perform Contractor’s services under this agreement. Said technician shall be properly trained and familiar with the operation and use of all traffic signal equipment in use within the Town and shall also be familiar with, and adhere to, all NEMA programming standards for traffic signal and interconnect timings of controllers. The Contractor shall list all equipment and personnel qualifications with the quote proposal. The Contractor shall have available, and readily accessible at all times, all required tools, equipment, apparatus, facilities, and materials to perform all work necessary to repair the traffic signals listed in these exhibits. The Contractor will furnish all additional traffic signal materials including the replacement controllers, and auxiliary equipment as needed by the Contractor. The Contractor will be compensated for the materials as extra work at an agreed-upon cost prior to commencement. The Contractor will maintain an inventory to replace preemption units, detectors, traffic signal monitors, load switches, and other standard signal equipment as needed for the work. ROUTINE MAINTENANCE The Contractor shall sustain a program of continuing comprehensive preventive maintenance, designed to eliminate or reduce the incidence of malfunctions, reduce complaints, and extend the useful life of the equipment. The Contractor shall provide said preventive maintenance according to schedule, and shall complete the form as shown in Exhibit C for each maintenance inspection and a separate quotation

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for each specific service work order required. Any time the Contractor repairs any related equipment in the controller cabinet or the signal equipment at the intersection, Contractor shall complete the appropriate form. The Contractor shall maintain one copy of each completed form in each controller cabinet, retain another copy in the Contractor’s business office, and shall submit copies of all Forms as attachments for the activity report. An electronic database shall be maintained and sent to the Town bi-monthly, following each standard maintenance inspection, and upon request. TRAFFIC SIGNAL CONTROL EQUIPMENT Contractor shall repair, replace or otherwise render in good working order any and all defective parts of the traffic signal control equipment. Whenever it is necessary for the Contractor to replace any defective parts on either a temporary and/or permanent basis, the Contractor shall only use like make and model parts. Furthermore, the Contractor shall use only “new” parts for permanent replacements. Exceptions to this policy may occur on an individual basis when submitted in writing and approved by the Town representative. No permanent change of control mechanisms shall be done without prior written approval of the Town or its designee. Whenever equipment is removed from the controller cabinet, the Town shall be notified immediately by telephone if practicable. Elapsed time shall not exceed 24 hours, except on weekends and Town-observed holidays, to be followed by written notification to the Town within three working days. Further, any such change shall also be indicated on the bi-monthly preventive maintenance checklist. Contractor shall notify the Town twenty-four (24) hours in advance of any planned or scheduled interruption in traffic signal service necessitated by the Contractor’s operations. The Contractor shall be responsible to notify the Town, or as required, for requested turn-offs or turn-ons. Contractor shall not make said interruptions in service without the prior approval of the Town. A Town representative shall be present at all turn-offs or turn-ons unless otherwise indicated by the Town. At the request of the Town, the Contractor shall provide additional traffic control devices for turn-offs. All traffic signal controller equipment shall be maintained in accordance with the manufacturer’s recommendations. When the entire controller mechanism and/or auxiliary equipment becomes obsolete or deteriorated to the point of being beyond reasonable or cost effective repairs, Contractor shall report such conditions to the Town, in writing, and shall prepare estimates showing the cost breakdown of labor for replacement of such controller mechanisms and/or auxiliary equipment, and submit this information to said Town representative. Equipment, if ordered or authorized by the Town, will be paid for as extra work at an agreed-upon cost prior to commencement of such work. SIGNAL SETTING Time intervals and settings for traffic signal controllers, interconnect system functions, emergency vehicle, railroad preempt functions, monitors, and vehicle detector operations shall be established by the Town. The Contractor shall be responsible to maintain the established time intervals and signal settings. If required, when authorized by the Town in writing, the Contractor may make changes on a temporary basis due to traffic signal malfunctions such as detector failures.

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WARRANTY SERVICE The Town will provide the Contractor with a list of materials under warranty. Should any signal, LED, or related device fail that is under warranty, the Contractor shall provide the Town with a written list of failed equipment. The Town will contact the manufacturers to schedule equipment replacement. SIGNAL UPGRADES, MODIFICATIONS AND INSTALLATIONS At the Town’s discretion and direction, the Contractor shall install, modify and/or upgrade traffic signals and all associated hardware or traffic safety devices as required by the Town. All such work will be considered extra work and shall be performed to the satisfaction of the Town. No additional or extra work shall be commenced or undertaken by the Contractor unless and until authorized in writing by the Town. Said written authorization is a condition precedent to the Contractor’s entitlement to reimbursement or remuneration for those services. Additional or extra work shall be performed in accordance with the most current version of Caltrans Standard Plans and Caltrans Standard Specifications Manual. This work shall be performed within a specified time limit established by the Town or its designee and for a mutually agreed upon price. Town shall retain discretionary right to perform any additional work through the use of Town forces, by negotiated agreement, or to advertise such work for construction by others. RECORDS The Contractor shall submit to the Town, semi- annually, a computerized report covering all activities. This activity report is to be provided in an electronic format that is acceptable to the Town. Such activity reports shall be maintained by the Contractor for a period of no less than five years and shall include the following: (a) A complete record of all work that was performed on the traffic signal equipment during the time period covered by the report, including the make, model, and serial number of any replacement components or other equipment newly installed at each intersection, and the make, model and serial number of any replaced component.

(b) Time and date the preventive maintenance work was performed. (c) All pending repair work needed at each intersection. (d) Detail cost break down for non-routine work is required. MEETINGS When deemed necessary, the Contractor’s representative performing preventive maintenance work shall be available to meet with the Town’s representative at a mutually agreed upon time and place to review maintenance and all other activities. COMPENSATION FOR PREVENTIVE MAINTENANCE In consideration of the Contractor’s provision of the described labor, services, materials and

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equipment in accordance with all provisions of this contract, Town shall pay said Contractor the flat rate costs set forth in the quotes documents for those intersections listed in these exhibits. The flat rate maintenance cost does not include painting of poles, heads, cabinets or other devices, nor the replacement cost of inductive loops, signs, electroliers, ballasts, photo electric cells, sealed beam lamps, nor repairs to signal equipment when such equipment had been damaged by vehicular collisions, acts of God, or malicious damage. COMPENSATION FOR EXTRA WORK The Town agrees to pay the Contractor the full amount of extra work based on the quotes item per hour per Schedule “C” for traffic signal repair and labor. Quote prices include equipment and minor materials. It is expected that the Contractor owns all equipment necessary to perform the work and therefore NO additional payment will be made for equipment rental. For the purposes of this section, extra work refers to the replacement, repair, or upgrading of any device utilized for traffic control or to insure the public’s safety beyond the scope of this contract. The Contractor shall contact the Town to obtain prior approval before work is scheduled or performed under this provision. Upon the Town’s request, the Contractor shall provide, to the Town, verified invoiced charges with time cards and certified payroll records. PAYMENT All payments will be made within thirty days after the Contractor has provided the Town with an accurate invoice and written verification of the actual compensation. Said written verification must be provided to the Town as a computerized printout in a format satisfactory to the Town of Somerville. Invoices shall be submitted no more frequently than once per month and shall describe the work performed. Payments shall be in the amounts designated above or as set forth on the quotes. All non-routine work per quote Schedule C shall include detailed cost break down for labor and material as approved by the Town. CONTRACT TERM The first period of this Contract shall begin approximately on July 15, 2017, or on the date of the Notice to Proceed, whichever is later, and continue until midnight, June 30, 2020. TRAFFIC SIGNAL AND LIGHTING SYSTEMS LIST OF INTERSECTIONS INTERSECTION 1. Highway 64 / Highway 76 Intersection 2. Highway 64 / Woodbridge Intersection

9

EXHIBIT B TRAFFIC SIGNAL INSPECTION PROCEDURES Preventive signal inspections shall be performed semi-annually (at 180-day intervals) for proper operation of controller assemblies and signals. All inspections or tasks listed shall be done bi-monthly unless otherwise noted. The inspection shall include the following items: 1. Walk entire intersection, observing any damages or rust on any equipment. This includes terminal boxes, handholds, and head mounting hardware. Write work orders to repair any discrepancies noted. 2. Check each approach to intersection and ensure signal heads are all aligned properly and plumb. Straighten or replace any signal heads and. Check all LED signal faces and ensure they are not completely dark. Check and remove any visual blockage of LED lenses. 3. Once annually, check each loop and lead-in to ensure there is no physical damage to slot and there is sufficient sealant in each cut. Make sure loops are in slots with sufficient sealant. Prepare work order indicating detectors that need sealant. 4. Check outside of controller and service cabinet for damage or required painting. Use graphite lubrication on all locks as necessary, and at least once annually. Ensure smooth operation. Check circuit breakers, meter operation, and ensure all connections for circuits and grounds are secure. Prepare work order for any graffiti removal and forward to Town’s representative. 8. Open cabinet door and gaskets and check for any visible damage. Ensure controller screen is operational and readable. Check basic controller timing for consistency with timing sheet. Check for real time. Check stop timing and ensure stop timing is in proper flash position. 9. Check all detector amplifiers. Check all amplifiers, LED’s, ensure all loops are calling vehicles and there are not stuck detectors. Reset each amplifier and recheck all functions. Ensure each channel is on correct mode of pulse or presence. Ensure there are no frequencies duplicated on adjacent detector channels. 10. Check flasher operation. 11. Test traffic monitors annually and record data. 12. Ensure cabinet light is operational. Check that fan is operational. 13. Vacuum cabinet of dirt, dust and cobwebs twice annually. Change air filter in the door twice annually. 14. Test battery backup and record voltage on label placed on battery. 15. Check traffic signs and prepare work order for any sign replacements.

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16. Prepare all work orders for discrepancies to be completed at a later date and forward to Town representative. If the discrepancy is life threatening, ensure discrepancy is corrected immediately and contact the Public Works Director. EXHIBIT C PRICE FOR TRAFFIC SIGNAL MAINTENANCE SERVICES ITEM A: PREVENTIVE MAINTENANCE Inspect each of Two (2) sites and perform necessary preventive maintenance as described in Traffic Signal Inspection procedures. The unit price is for one inspection, based on two (2) inspections per year at 180-day intervals. ITEM B: MONITOR TESTING During the first Preventive Maintenance of every year, in addition to the preventive maintenance inspection provided for in item A. test and calibrates the conflict monitor. The unit price is for one testing and calibration, based on one (1) monitor testing per year. ITEM C: ADDITIONAL WORK This item is for miscellaneous labor and repairs. For quoting purposes the Town is using 10 hours for comparison. Actual additional work may vary and be compensated at the agreed upon hourly rate. For comparison, additional work has been divided into two items. The first item is for labor only. The second item is hourly cost for a bucket truck to be used for additional work.

Official Price Sheet Total Price per Inspection Cycle (for the Two locations)

# of Inspections Cycles per year

Total Item (per year)

Item a-PM & Inspection at two locations

$ 2 $

Item B-Monitor Testing/Calibration (2 Locations, Once Per year)

$ 1 $

Total Cost Per Hour

Est. Hours per year

Item C-Additional Work (Labor Only)

$ 10 Hours $

Item C-Additional Work (Bucket truck)

$ 10 Hours $

TOTAL QUOTE PER YEAR $

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It is understood that the Town will not be responsible for any errors or omissions on the part of the undersigned in making up the cost proposal, nor will the undersigned be released on account of errors. The undersigned declares that the only person or persons interested in the proposal as principal or principals is or are the undersigned, and that no person other than the undersigned has any interest in this cost proposal or in the contract proposed to be taken; that this proposal is made without any connection with any other person or persons making a proposal for the same purpose; that the proposal is in all respects fair and in good faith and without collusion or fraud; that no Town Officer, either elected or appointed, and no Town Employee is, shall be or become directly or indirectly interested as principal or principals in this cost proposal or in the contract proposed to be made, or in the supplies, work or business to which it relates or in any portions of the profits thereof. All representations made herein are true and are made under penalty of perjury. The undersigned is licensed in accordance with the laws of the State of Tennessee, License No. ___________________________________, Classification ______________________________, License Expiration Date ______________________________________ Contractor Submitting Quote _____________________ Dated ____________, 20______ Authorized Signature___________________________ Title ______________________

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EXHIBIT D CONTRACT FOR SERVICES THIS CONTRACT is made on _____________, 2017 between the Town of Somerville - (“the Town”), and ____________________________________________________(“Contractor”). WHEREAS, the Town proposes Traffic Signal Maintenance and Repair Services, and WHEREAS, the Contractor has presented a quote for such services to the Town, dated___________________, 2017 (attached hereto and incorporated herein as Exhibit “C”) and is duly licensed, qualified and experienced to perform those services; NOW, THEREFORE, the parties hereto mutually agree as follows: I. SCOPE OF SERVICES:

A. Contractor shall do all work, attend all meetings, produce all reports and carry out all activities necessary to completion of the services described in the Work Program, attached hereto and incorporated herein by this reference as Exhibits “A”, “B”, “C” This Contract and its exhibits shall be known as the “Contract Documents.” Terms set forth in any Contract Document shall be deemed to be incorporated in all Contract Documents as if set forth in full therein. In the event of conflict between terms contained in these Contract Documents, the more specific term shall control. If any portion of the Contract Documents shall be in conflict with any other portion, provisions contained in the Contract shall govern over conflicting provisions contained in the exhibits to the Contract.

B. Contractor enters into this Contract as an independent contractor and not as an employee of the Town. The Contractor shall have no power or authority by this Contract to bind the Town in any respect. Nothing in this Contract shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Contractor are employees, agents, contractors or subcontractors of the Contractor and not of the Town. The Town shall not be obligated in any way to pay any wage claims or other claims made against Contractor by any such employees, agents, contractors or subcontractors, or any other person resulting from performance of this Contract.

C. The Contractor agrees it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Contract is based on such independent investigation and research.

II. TIME OF PERFORMANCE: A. The services of Contractor are to commence upon execution of this Contract within

seven (7) days of written notice to proceed from the Town, and shall be undertaken and completed, as assigned, in a prompt and timely manner. Services will be provided as outlined in Exhibits “A”, “B”, “C” and “D”, and on an “as needed” basis, via service

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request. Contract shall terminate on June 30, 2020, unless terminated sooner or extended by the Town as provided below.

III. COMPENSATION:

A. The Contractor shall be paid at the completion of services for the actual fees, costs and expenses for all time and materials required and expended in accordance with the prices listed in Exhibit “C”.

B. Said amount shall be paid upon submittal of a monthly billing showing completion of the tasks that month. Tasks shall be clearly itemized and documented as to the location and type of inspection or testing performed. Invoices will not be accepted for payment without the appropriate copies of payroll records where applicable.

C. If the work is halted at the request of the Town, compensation shall be based upon the

proportion that the work performed bears to the total work required by this Contract.

IV. TERMINATION: This Contract may be terminated, without cause, at any time by the Town upon thirty (30) days’ written notice. In the event of any such termination, the Contractor shall be compensated as provided for in this Contract. Upon such termination, the Town shall be entitled to all work, including but not limited to, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date in accordance with Section VII hereof. The obligations this Contract relating to Contractor’s obligations to defend and indemnify the Town shall survive any termination of this Contract. Notwithstanding any provisions of this Contract, Contractor shall not be relieved of liability to the Town for damages sustained by the Town by virtue of any breach of this Contract by Contractor, and the Town may withhold any payments due to Contractor until such time as the exact amount of damages, if any, due the Town from Contractor is determined.

V. CHANGES:

The Town may, from time to time, request changes in the scope of the services of Contractor to be performed hereunder. Such changes, including any increase or decrease in the amount of Contractor’s compensation and/or changes in the schedule must be authorized in advance by the Town in writing. Mutually agreed changes shall be incorporated in written amendments to this Contract, or the attached work program.

VI. EXTENSIONS OF TIME:

Contractor may, for good cause, request extensions of time to perform the services required hereunder. Such extensions shall be authorized in advance by the Town in writing and shall be incorporated in written amendments to this Contract or the attached work program.

VII. PROPERTY OF TOWN:

It is mutually agreed that all materials prepared by the Contractor under this Contract shall become the property of the Town, and the Contractor shall have no property right therein

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whatsoever. Immediately upon termination, the Town shall be entitled to, and the Contractor shall deliver to the Town, all data, drawings, specifications, reports, estimates, summaries and other such materials and commission as may have been prepared or accumulated to date by the Contractor in performing this Contract which is not Contractor’s privileged information, as defined by law, or Contractor’s personnel information.

VIII. COMPLIANCE WITH LOCAL LAW:

Contractor shall comply with all applicable laws, ordinances, and codes of federal, state and local governments, and shall commit no trespass on any public or private property in performing any of the work authorized by this Contract. It shall be Town’s responsibility to obtain all rights of way and easements to enable Contractor to perform its services hereunder. Contractor shall assist Town in providing the same.

IX. WARRANTY:

Contractor agrees and represents that it is qualified to properly provide the services set forth in Exhibits “A”, “B”, “C” in a manner which is consistent with the generally accepted standards of Contractor’s profession. Contractor further represents and agrees that it will perform said services in a legally adequate manner in conformance with applicable federal, state and local laws and guidelines.

X. SUBCONTRACTING:

None of the services covered by this Contract shall be subcontracted without the prior written consent of the Town, which will not be unreasonably withheld. Contractor shall be as fully responsible to the Town for the negligent acts and omissions of its contractors and subcontractors, and of persons either directly or indirectly employed by them, as it is for the negligent acts and omissions of persons directly employed by Contractor.

XI. ASSIGNABILITY:

Contractor shall not assign or transfer any interest in this Contract whether by assignment or novation, without the prior written consent of the Town which will not be unreasonably withheld. However, claims for money due or to become due Contractor from the Town under this Contract may be assigned to a financial institution, or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the Town.

XII. INTEREST IN CONTRACT:

Contractor covenants that neither it, nor any of its employees, agents, contractors, and subcontractors has any interest, nor shall they acquire any interest, direct or indirect, in the subject of the Contract, nor any other interest which would conflict in any manner or degree with the performance of its services hereunder. Contractor shall make all disclosures required by the Town’s conflict of interest code in accordance with the category designated by the Town. Contractor also agrees to make disclosure in compliance with the Town conflict of interest code if, at any time after the execution of this agreement, Town determines and notifies Contractor in writing that Contractor’s duties under this agreement warrant greater disclosure by Contractor than was

15

originally contemplated. Contractor shall make disclosures in the time, place and manner set forth in the conflict of interest code and as directed by the Town.

XIII. MATERIALS CONFIDENTIAL:

All of the materials prepared or assembled by Contractor pursuant to performance of this Contract are confidential and Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the Town, except by court order.

XIV. LIABILITY OF CONTRACTOR-NEGLIGENCE:

Contractor shall be responsible for performing the work under this Contract in a manner which is consistent with the generally-accepted standards of the Contractor’s profession and shall be liable for its own negligence and the negligent acts of its employees, agents, contractors and subcontractors. The Town shall have no right of control over the manner in which the work is to be done but only as to its outcome, and shall not be charged with the responsibility of preventing risk to Contractor or its employees, agents, contractors or subcontractors.

XV. INDEMNITY AND LITIGATION COSTS:

Contractor shall indemnify, defend, and hold harmless the Town, its officers, officials, agents, and employees from and against any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation court costs and reasonable attorneys’ fees arising out of or in connection with Contractor’s negligent performance of work hereunder or its negligent failure to comply with any of its obligations contained in the Contract Documents, except such loss or damage which was caused by the sole negligence, or willful misconduct of the Town.

XVI. CONTRACTOR TO PROVIDE INSURANCE:

A. Contractor shall not commence any work before obtaining, and shall maintain in force at all times during the duration and performance of this Contract the policies of insurance specified in this Section. Such insurance must have the approval of the Town.

B. Prior to execution of this agreement and prior to commencement of any work, the Contractor shall furnish the Town with original endorsements effecting coverage for all policies required by the Contract. The endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf. The endorsements are to be on forms, acceptable to the Town. At the Town’s discretion, the Town may require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by this Section. The Contractor agrees to furnish one copy of each required policy to the Town, and additional copies as requested in writing, certified by an authorized representative of the insurer. Approval of the insurance by the Town shall not relieve or decrease any liability of Contractor.

C. In addition to any other remedy the Town may have, if Contractor fails to maintain the

insurance coverage as required in this Section, the Town may obtain such insurance coverage as is not being maintained, in form and amount substantially the same as is

16

required herein, and the Town may deduct the cost of such insurance from any amounts due or which may become due Contractor under this Contract.

D. Each insurance policy required by this Contract shall be endorsed to state that coverage

shall not be suspended, voided, canceled, terminated by either party, reduced in coverage or in limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the Town.

E. Any deductibles must be declared to, and approved by, the Town. F. The requirement as to types, limits, and the Town’s approval of insurance coverage to

be maintained by Contractor are not intended to, and shall not in any manner, limit or qualify the liabilities and obligations assumed by Contractor under the Contract.

G. The Contractor and its contractors and subcontractors shall, at their expense, maintain

in effect at all times during the performance or work under the Contract not less than the following coverage and limits of insurance, which shall be maintained with insurers and under forms of policy satisfactory to the Town. The maintenance by Contractor and its contractors and subcontractors of the following coverage and limits of insurance is a material element of this Contract. The failure of Contractor or of any of its contractors or subcontractors to maintain or renew coverage or to provide evidence of renewal may be treated by the Town as a material breach of this Contract.

1. Worker’s Compensation and Employer’s Liability Insurance. a. Worker’s Compensation - Insurance to protect the Contractor, its contractors

and subcontractors from all claims under Worker’s Compensation and Employer’s Liability Acts, including Longshoremen’s and Harbor Worker’s Act (“Acts”), if applicable. Such coverage shall be maintained, in type and amount, in strict compliance with all applicable state and Federal statutes and regulations.

b. Claims Against Town - If an injury occurs to any employee of the Contractor for which the employee or his/her dependents, in the event of his death, may be entitled to compensation from the Town under the provisions of said Acts, for which compensation is claimed from the Town, there will be retained out of the sums due the Contractor under this Contract, an amount sufficient to cover such compensation as fixed by said Acts, until such compensation is paid or it is determined that no compensation is due. If the Town is required to pay such compensation, the amount so paid will be deducted and retained from such sums due, or to become due to the Contractor.

2. Comprehensive General and Automobile Liability Insurance. The insurance shall include, but shall not be limited to, protection against claims arising from death, bodily or personal injury, or damage to property resulting from actions, failures to act, or operations of the insured, or by its employees or agents, or by anyone directly or indirectly employed by the insured. The amount of insurance coverage shall not be less than $1,000,000.00 per occurrence. The comprehensive general and automobile liability insurance coverage shall also

17

include, or be endorsed to include, the following:

a. Provision or endorsement naming the Town and each of its officers, employees, and agents, as additional insureds in regards to: liability arising out of the performance of any work under the Contract; liability arising out of activities performed by or on behalf of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Town, its officers, officials, employees or volunteers.

b. Provision or endorsement stating that for any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the Town, its officers, officials, employees and volunteers to the extent the Town is an additional insured. Any insurance or self-insurance maintained by the Town, its officers, officials, employees or volunteers shall be in excess of the Contractor’s insurance and shall not contribute with it.

c. Provision or endorsement stating that any failure to comply with reporting or other

provisions of the policies including breaches of representations shall not affect coverage provided to the Town, its officers, officials, employees, or volunteers.

d. Provision or endorsement stating that the Contractor’s insurance shall apply

separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

e. Provision or endorsement stating that such insurance, subject to all of its other terms

and conditions, applies to the liability assumed by the Contractor under the Contract, including, without limitation, that set forth in Section XV, Indemnity and Litigation Costs.

VXII. MISCELLANEOUS PROVISIONS: A. Contractor shall designate a project manager who at all times shall represent the Contractor before the Town on all matters relating to this Contract. The project manager shall continue in such capacity unless and until he or she is removed at the request of the Town, is no longer employed by Contractor, or replaced with the written approval of the Town, which approval shall not be unreasonably withheld. B. Contractor shall keep itself fully informed of, shall observe and comply with, and shall cause any and all persons, firms or corporations employed by it or under its control to observe and comply with, applicable federal, state, county and municipal laws, ordinances, regulations, orders and decrees which in any manner affect those engaged or employed on the work described by this Contract or the materials used or which in any way affect the conduct of the work. C. Contractor shall not engage in unlawful employment discrimination. Such unlawful employment discrimination includes, but is not limited to, employment discrimination based upon

18

a person’s race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, citizenship or sexual orientation. D. Contractor shall maintain and make available for inspection by the Town and its auditors accurate records of all of its costs, disbursements and receipts with respect to any work under this Contract. Such inspections may be made during regular office hours at any time until six (6) months after the final payments under this Contract are made to the Contractor. E. This Contract constitutes the entire agreement between the parties relative to the services specified herein and no modification hereof shall be effective unless and until such modification is evidenced by a writing signed by both parties to this Contract. There are no understandings, agreements, conditions, representations, warranties or promises, with respect to this Contract, except those contained in or referred to in the writing. F. All notices that are required to be given by one party to the other under this Contract shall be in writing and shall be deemed to have been given if delivered personally or enclosed in a properly addressed envelope and deposited in a United States Post Office for delivery by registered or certified mail addressed to the parties at the following addresses: G. This Contract shall be interpreted and governed by the laws of the State of Tennessee. H. In any action brought by either party to enforce the terms of this Contract, the prevailing party shall be entitled to recover its reasonable attorney’s fees. IN WITNESS WHEREOF, the parties have executed this Agreement to be effective on date executed by Town. Town of Somerville a municipal corporation: Ronnie Neill, Mayor _____________________ Date: _________________________ CONTRACTOR: _________________________ Date: __________________________

Work Ghange DirectiveNo.L

Effective Date: May 31,2017Date of lssuance: Mav 31.2017

Project:

Bedwell Subdivision & Williston Water Systemlmprovements

Contract:

Bedwell Subdivision & Williston Water System lmprovements

Contractor:

Marbury Construction Co., LLC

Owne/s Corìtract No.:

Date of Contract:

26,2017

Engineer's Project No-:

1012-32

27

You are directed to proceed promptly with the following change(s):

lnstall approximately I 20 lf of water as tolocation ofthe existing ut¡lities and a creek open-cut installation ¡s near impossible. Proposed cost is and can be taken from

Work Change Directive wh¡ch is already included in the contract price. This amount shall be taken from Line ltem #27,

Attachments (list documents supporting change)

Purpose for Work Ghange Directive:

! Authorization for Work described herein to proceed on the basis of Cost of the Work due to:

! Nonagreementon pricing ofproposed change.

! Necessity to expedite Work described herein prior to agreeing to changes on Contract Price and Contract Time.

Estimated change in Gontract Price and Contract Times:

Contract Price $ NA (increase/decrease) Contract Time NA (increase/decrease)days

lf the change involves an increase, the estimated amounts are not to be exceeded without further authorization.

Date

t/ /-lDate

Accepted by: Date

ng Agency Date:

EJCDC No. C-940 (2002 Edition) Page I of IPrepared by the Engineers'Joint Contract Documents Committee and endorsed by theAssociated General Contractors ofAmerica and the Construction Specilications Institute.

Owner:

Town of Somerv¡lle

Proposal

Proposal Date: 5/30/2017Submitted 278 Franklin Road, Suite 200 Attn: Stacey CoxTo: Phone: 615-577-4300

Quantity Unit Unit Price Total

120 LF 50.00$ 6,000.00$

6,000.00$

Note:

AuthorizedSignature

Acceptance Date ofSignature Acceptance

Phone: 731-988-5817 ● Fax: 731-422-7000 ● Email: [email protected] Vester Taylor Road ● Denmark, TN 38391

8" PE pipe

Acceptance of Proposal-The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above.

We propose hereby to furnish material & labor-complete in accordance with above specifications for the sum of:

Payments to be made by the 10th of the month. All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders and will become an extra charge over and above the proposal. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workmen's Compensation Insurance. This is a unit price proposal. The quantities referred to above are estimates only and payment is to be made at the stated unit price based on actual quantity of work performed. If the work is to be done for a lump sum amount, it will be so stated. This price does not include staking, soil testing, undercutting, fees, permits, bonds, etc. This proposal is only good for 30 days. We reserve the right to adjust these prices if necessary.

MARBURY CONSTRUCTION COMPANY, LLC“An Equal Opportunity Employer”

Job Name

Somerville, TN

Hethcoat & Davis, Inc.

Brentwood, TN 37027

Bedwell Subdivision & Williston Water System

Job Location

Description

We hereby submit specifications and estimates for:

License #: 63086 ● Classifications: MU-A.1; MU-A.2; MU-A.3; MU-C; MU-D-5 ● Expiration Date: 1/31/18

1

Robert Turner

From: Stacey Cox <[email protected]>Sent: Wednesday, May 31, 2017 10:11 AMTo: Robert TurnerSubject: Williston- Work Change DirectiveAttachments: WCD#1 - Williston.pdf

Bob, Please find attached the Work Change Directive paperwork for the water line HDD bore along SR 193 that we discussed on Friday. The cost of the installation is $6,000 which will be taken from the Work Change Directive line item and will not affect the contract amount approved by the Board. Unfortunately due to the location of the existing utilities and the creek, open‐cut installation, as shown on the original drawings, is not an option in this area. Please sign and return this to me at your earliest convenience. If you have any questions please call. Thank you.

Stacey Cox, PE Hethcoat & Davis, Inc 278 Franklin Road, Suite 200 Brentwood, TN 37027 Phone: (615)577‐4300 Fax: (615)577‐4303

Agenda Number 8.4.8

REPORT TO THE BOARD OF MAYOR AND ALDERMEN DATE: June 13, 2017

FROM: Bob Turner, City Administrator SUBJECT: Hiring a NEW Employee for Public Works for FY18 Budget PRESENTED BY: Bob Turner

INTRODUCTION: The purpose of this agenda item is to request approval from the Board of Mayor and Aldermen to hire an additional employee as part of the Fiscal Year 2018 Budget. BACKGROUND: In the past, the water and gas departments have been responsible for cutting their grass in their right of way. This has increasingly taken time from their busy work days during the summer. We are using more highly trained individuals to do work that can be accomplished by a less skilled employee. DISCUSSION: In an effort to remove the grass cutting responsibilities from the water and gas departments, the City Administrator is requesting, as part of the FY18 Budget, to hire one additional employee for the Public Works Department. These grass cutting responsibilities would then become part of the Streets Team’s duties during the grass growing season, thereby freeing up time of more highly training individuals for tasks related to their area of expertise. BUDGET IMPACT: This position is already included in the Proposed FY18 Budget

Report to the Board of Mayor and Aldermen June 13, 2017 Page 2 RECOMEMENDATION BY: Bob Turner RECOMMENDED MOTION: To approve hiring an additional employee as part of the Fiscal Year 2018 Budget.

Board Action:

Motion by: Seconded by:

Voice Vote

Results:

Roll Call Results: (If Taken)

Vote Total

Neill Myers Douglas Accardi French Hamilton Lofties

YES

NO

ABSTAIN