Athens City Code

1. (1) The widths of existing and proposed streets shall from time to time be classified by the city council and the regional planning commission and shown on the city street map.
2. (2) Existing streets are only those streets which are shown as such on the street map. Proposed streets are contemplated streets through undeveloped property. Previous recording at the courthouse does not constitute an existing street. A street shall be opened only by resolution after prior approval of the planning commission. Building permits shall be issued only for property which abuts an existing street for 40 feet.

(Code 1972, § 12-401; Code 1995, § 16-401)

The city shall maintain all existing streets in their present condition. A street ledger shall be maintained to list the condition of all existing streets and to note the addition of new streets as they are constructed.

(Code 1972, § 12-402; Code 1995, § 16-402)

1. (1) The city council may initiate abutting districts for any proposed or existing street within the corporate limits of the city. The city may also improve any street within the corporate limits of the city when it deems such improvement is in the best interests of the citizens and residents of the city.
2. (2) Other abutting districts may be initiated by the property owners or by developers by means of a subdivision in accordance with this title.
3. (3) Nothing in the street policy of the city as contained in this chapter shall be construed to limit and restrict the right of the city to initiate improvements by special assessment as provided by the T.C.A. § 7-32-101 et seq., the same being the general state law governing street improvements by special assessment.

(Code 1972, § 12-403; Code 1995, § 16-403)

Residential, commercial or industrial subdividers shall pay the entire cost of streets and improvements.

(Code 1972, § 12-404; Code 1995, § 16-404; Ord. No. 1012, § 4, 12-18-2012)

1. (1) The city manager or his or her designee shall determine the character and type of construction and materials to be used in the construction of council-initiated street improvements and shall determine whether any or all of the work shall be done by contract or by city force account.
2. (2) All streets shall be first approved by the planning commission and shall be sized according to their classification. All streets shall meet the subdivision regulation standards except for area accesses or council-initiated improvements. Building permits shall not be issued for property abutting area accesses or driveways until the street is improved to meet subdivision regulation standards.

(Code 1972, § 12-405; Code 1995, § 16-405)

1. (1) Abutment districts. Abutment districts are available for residents on any existing street and may include streets, sidewalks, sanitary sewers and storm sewers.
2. (2) Conservation districts. Conservation districts shall be determined by a housing analysis for urban renewal under the direction of the planning commission. Abutting property owners in conservation districts will be required to improve their houses or property as recommended by the housing analysis.
3. (3) Requests by petition. All requests for improvements under the abutment district or the conservation district shall be made by petition to the city council on petition forms prepared and furnished by the city.
4. (4) Limitation of petitions. No petition will be considered unless the owners of 51 percent of the footage represented sign the petition. No petition shall be considered by the city council for the full proposed improvement of less than one block of a street except in case of storm sewers. The term "block" means that part of a street between two intersecting streets. Petitions for sidewalk improvement shall be separate from other improvements.
5. (5) Factors of considering petitions by the city council. The following factors shall be considered by the city council when considering each petition for street improvements:
   1. (a) Time of filing petition with city manager.
   2. (b) Classification of streets proposed to be improved in the city street system.
   3. (c) Percentage of development of lots on streets proposed to be improved.
   4. (d) Estimated unit cost of the proposed improvement.
6. (6) Assessment and charges. Assessments shall be payable in cash, or, if any property owner should so elect and give notice to the fact in writing to the city, such property owner shall have the option and privilege of paying the assessments in five equal installments, such installments to bear interest at the rate of six percent per annum from the date of the confirmation of the assessment roll.

(Code 1972, § 12-406; Code 1995, § 16-406)