DIVISION OF ENGINEERING

Memphis Code of Ordinances tit. 2, ch. 2-22

in effect

Memphis Code of Ordinances § 2-22-1 Created; control; city engineer.

Sec. 2-22-1. - Created; control; city engineer. A. There is created and established the division of engineering. B. The chief officer of the division shall be the city engineer, who will report directly to the chief administrative officer regarding the operation of the department. (Code 1985, § 2-221; Ord. No. 3421, § 1, 11-13-1984; Ord. No. 4397, § 3, 3-5-1996; Ord. No. 4740, § II, 2-15-2000)

Memphis Code of Ordinances § 2-22-2 Preparation of plans, specifications and estimates of construction projects.

Sec. 2-22-2. - Preparation of plans, specifications and estimates of construction projects. The city engineer shall be responsible for the preparation and oversight of plans, specifications, and estimates on all construction projects where the city and agencies under its control are a contracting party. (Code 1985, § 2-222; Ord. No. 3421, § 1, 11-13-1984)

Memphis Code of Ordinances § 2-22-3 City construction contracts.

Sec. 2-22-3. - City construction contracts. Upon acceptance of bids, city construction contracts, subject to approval of the city attorney as to form and legality, shall refer to and adopt the plans and specifications relating thereto, and include the exact cost of the work to be performed, if practicable. Such contracts shall include a clause stating that the contract is subject to the right of the mayor or appropriate division director to suspend such work for any failure on the part of the contractor to comply with the provisions of the contract, and that such suspension shall not affect the right of the city to damages or penalties incident to such failure. (Code 1985, § 2-223; Ord. No. 3421, § 1, 11-13-1984)

Memphis Code of Ordinances § 2-22-4 Surveying and engineering services; review of plans for compliance; establishment of official grades.

Sec. 2-22-4. - Surveying and engineering services; review of plans for compliance; establishment of official grades. The city engineer shall be responsible for the performances of all surveying and engineering services as directed by the chief administrative officer. The city engineer shall establish the official grades for streets or public thoroughfares in the city. The city engineer shall review for compliance the plans submitted by builders or real estate developers. (Code 1985, § 2-224; Ord. No. 3421, § 1, 11-13-1984)

Memphis Code of Ordinances § 2-22-5 Reports to director of public works.

Sec. 2-22-5. - Reports to director of public works. The city engineer shall make monthly reports to the director of public works on all public works projects under his or her supervision and control. (Code 1985, § 2-225; Ord. No. 3421, § 1, 11-13-1984; Ord. No. 4397, § 3, 3-5-1996; Ord. No. 4740, § II, 2-15-2000)

Memphis Code of Ordinances § 2-22-6 Miscellaneous duties.

Sec. 2-22-6. - Miscellaneous duties. In addition to all other duties specified in this code and the Charter, the city engineer shall: A. Analyze all proposed construction projects for feasibility; B. Ensure compliance on construction and traffic projects with plans as specified; C. Ensure compliance with all local, state, and federal regulations and codes for projects under control of the bureau of engineering; additionally, the city engineer is to maintain compliance with professional regulatory agencies recognized as uniform standards; D. Provide planning, engineering design, and construction management of public facilities for the city, excluding those duties otherwise assigned by the chief administrative officer; E. Provide administration and review of change orders; F. Provide survey data to determine final quantities for construction projects to be utilized in determining final contract costs; G. Review and approve modifications to plans as specified; H. Maintain programs to determine the condition of public facilities and report such conditions to the chief administrative officer. (Code 1985, § 2-226; Ord. No. 3421, § 1, 11-13-1984)

Memphis Code of Ordinances § 2-22-7 Engineering Administration and Permit Fees.

Sec. 2-22-7. - Engineering Administration and Permit Fees. A. For the processing of engineering permits and the performance of engineering administration in the processing of final plans for land development projects including subdivisions, planned developments, planned commercial developments and street dedications and the preparation of public improvement contracts. The city engineer shall charge and receive from the applicant nonrefundable fees in accordance with the following fee schedule for all such projects and permit requests submitted to the city engineer for processing: 1. Development review fees: a. Single Family Residential (5 lots or less), schools, churches: 1. Base Fee .....$ 525.00 2. Incremental Fee per lot (added to base fee) .....25.00 b. Single Family Residential (more than 5 lots) ..... 1. Base Fee .....1,000.00 2. Incremental Fee per lot (added to base fee) .....50.00 c. Multi-Family Residential ..... 1. Base Fee .....1,250.00 2. Incremental Fee per unit (added to base fee) .....25.00 d. Non-residential uses (1 acre or less) ..... 1. Base Fee .....1,250.00 e. Non-residential uses (more than 1 acre) ..... 1. Base Fee .....1,250.00 2. Incremental fee per acre or portion thereof (added to base) .....50.00 2. Developments Requiring Public Improvement Contracts: ..... a. Base Fee .....$ 1,725.00 b. Incremental Fee (added to base fee) Greater of: ..... 1. Per lot (applies to single family residential only) .....50.00 2. Per unit (applies to multi-family only) .....25.00 3. Per acre (all uses) .....100.00 c. Maximum fee .....7,000.00 3. Street Cut Permits: ..... a. Minimum Fee .....$ 300.00 b. Per linear foot of pipe or other cut .....10.00 c. Connection to existing structure .....100.00 d. Construction of new structure .....200.00 e. Street Improvements (per linear foot) .....11.00 f. Sidewalk Improvements (per sq foot) .....0.48 g. Curb Cut (per sq foot) .....0.48 h. Curb, Gutter & Sidewalk (per sq foot) .....0.83 4. Administrative Site Plan Review: ..... a. Base Fee .....$ 750.00 b. Incremental Fee per acre or portion thereof (added to base fee) .....25.00 5. Fiber Optic Cable Installation Permit (aerial or buried): ..... a. Base Fee .....$ 750.00 b. Incremental Fee per linear foot of cable .....1.00 6. Miscellaneous Charges: ..... a. Contract Time Extensions .....250.00 b. Contract Bond Conversion .....250.00 c. Contract Bond Reduction .....250.00 d. Assignment/Assumption Agreement .....250.00 e. Supplemental/Amended Agreement .....750.00 f. Redraft Fee .....250.00 g. Re-review fee for projects requiring more than 3 reviews (per additional review) .....250.00 h. Plans Review Fee (due at time plans are first submitted) .....525.00 i. Traffic Engineering Plan Review (direct submittal) .....250.00 j. Plat Record/Re-record .....525.00 k. Street Closures, Easements, Encroachments .....250.00 l. Monitoring Well Permits .....300.00 7. Engineering Permit Fees: ..... a. Bagged/Displaced Parking Meter Fee .....$50.00 (plus current daily meter rate) b. Construction Dumpster Permit Fee .....$50.00 (plus $10 per day the dumpster is in the City ROW) c. Special Permission Parking .....$50.00 d. Lane Closure Permit Fee .....$50.00 (plus $10 per lane closed, per day) e. Temporary Road/Alley Closure Permit Fee .....$50.00 (plus $50.00 per day the Road/Alley is closed) f. Sidewalk Closure Permit Fee .....$50.00 (plus $10.00 per day the sidewalk is closed) g. Over-Dimensional Transport Permit Fee .....$100.00 (plus any associated escort fees) B. With the exception of the plans review fee, which is paid in advance, all fees for engineering administration shall be paid to the city engineer at the time the contract or permit is ready to be executed with the city through the city engineer. C. Engineering permit fees: 1. The division of engineering shall establish all rules, regulations, and permit requirements associated with the above referenced engineering permit fees. Applicants will be required to give the division of engineering at least ten calendar days of advance notice on all permit requests unless the request is associated with a natural disaster or public emergency. 2. Permit fee waivers: Engineering permit fees associated with Lane, Road, or Sidewalk closures may be waived for the following: a. City of Memphis crews performing roadway/sidewalk maintenance, repair, or construction. b. City of Memphis contractors performing roadway/sidewalk maintenance, repair, or construction. c. Activities associated with Federal, State, or County managed infrastructure projects. d. Closures implemented by the Memphis Police Department for investigations or other public safety related issues. e. Closures approved by the Memphis Police Department or City of Memphis Permits office for special events. f. When the city engineer finds that it is necessary to close a portion of the public right-of-way for the immediate protection of public safety. 3. Penalty of violation: It shall be a violation of this chapter for any individual to block a portion of the public right-of-way or commence activity that requires a permit without first obtaining the required permit from the division of engineering. Anyone found in violation of this chapter commits a Class C misdemeanor and shall be subject to a $50.00 fine for each day that the violation remains in effect. Violators will also be required to retroactively pay all associated permit fees. (Code 1985, § 2-227; Ord. No. 3421, § 1, 11-13-1984; Ord. No. 3585, § 1, 9-2-1986; Ord. No. 3746, § 1, 5-3-1988; Ord. No. 3877, § 1, 6-27-1989; Ord. No. 4536, § 1, 10-21-1997; Ord. No. 5109, § 1, 2005; Ord. No. 5766, § 1, 1-5-2021)

Memphis Code of Ordinances § 2-22-8 Asphaltic binder paving of streets constructed as part of standard improvement contracts; costs.

Sec. 2-22-8. - Asphaltic binder paving of streets constructed as part of standard improvement contracts; costs. A. The developer entering into a standard improvement contract with the City of Memphis shall be responsible for bearing the full expense of the asphaltic binder, surface course paving and striping on all streets located within the city limits of Memphis which are required to be constructed, widened, improved, modified or adjusted by the developer as a part of the standard improvement contract as prescribed below. 1. All paving materials, pavement markings and construction methods shall meet the requirements of the standard construction specifications of the City of Memphis and the plans approved by the city engineer. 2. The thickness, width and type of base material shall meet the requirements of the Memphis and Shelby County Unified Development Code and the Standard Construction Specifications of the City of Memphis Division of Engineering for each type and classification of street unless an alternative base material is approved by the city engineer. 3. a. Upon satisfactory completion of all other work required in the standard improvement contract, and after supplying the city engineer with standard density test data provided by an independent soils testing laboratory, the developer shall pave each street specified in the contract with an asphaltic binder, one and one-half inches thick. b. Upon satisfactory inspection of the asphaltic binder course by the City of Memphis, the developer shall pave each street specified in the contract with the surface course, one and one-half inches thick; unless otherwise specified by the approved engineering plans. c. If a pavement marking plan is required by the city engineer, the developer shall install all pavement markings on each street in accordance with the approved engineering plans. 4. No contract for subdivision development improvements shall be accepted by the Memphis City Council until such time as the developer has posted a performance bond for ten percent of the value of the public infrastructure improvements required herein. Said performance bond shall remain in force through the warranty period, as described in subsection (A)(5). 5. All standard improvement contracts and other contracts providing for the construction of roads to be maintained by the City of Memphis shall require the developer to provide a one-year bonded warranty for ten percent of the value of all labor and materials installed within the dedicated right-of-way for roadway pavement, drainage structures, sanitary sewer house connections and other improvements provided by the developer. The warranty is to be provided for the purpose of repairing failures to listed improvements that occur during the warranty period due to construction damage, defects in materials and workmanship, including, but not limited to, backfill and sub-grade compaction. All such repairs shall be at the developer's sole expense. The warranty to be provided pursuant to this section shall not extend to deficiencies arising from earthquake, flood and other natural catastrophes, acts of God or any other occurrences for which the developer cannot reasonably be held responsible. The one-year period (the warranty period) will begin upon acceptance by the Memphis City Council of all improvements completed by the developer. The value of the bond supplied during the warranty period shall be equal to ten percent of the value [of] all labor and materials installed within the dedicated right-of-way for roadway pavement, drainage structures, sanitary sewer house connections and other improvements provided by the developer (the warranty bond). The warranty shall require the developer to rectify all deficiencies that subsequently occur in the pavement, sub-grade compaction or utilities construction within the right-of-way within seven working days of having been notified by the City of Memphis Division of Public Works that deficiencies exist. Developer shall immediately repair and otherwise rectify any and all deficiencies to the satisfaction of the city engineer. Upon expiration of the warranty period, the developer shall request a final inspection from the city engineer. A written report of such inspection, outlining items to be repaired, shall be delivered to the developer within seven working days after the developer's request. Developer will promptly make any and all corrections required to the work and notify the city engineer when such work is ready for re-inspection. When the city engineer determines by such inspection that the roadway system and all appurtenances are in good condition, the paving bond shall be released. 6. The following timetable shall apply to the implementation of the paving requirements set forth herein: a. For all unexpired standard improvement contracts entered into between the City of Memphis and the developer before the effective date of this section, pavement standards stated in such contract shall remain in force. b. For all standard improvement contracts entered into between the City of Memphis and developer before the effective date of this section, but which contracts have expired, a contract extension will not be approved without an accompanying amendment that complies with the requirements outlined herein. c. For all subdivision improvement contracts entered into between the City of Memphis and developer after the effective date of this section, the requirements herein apply in full. B. Affordable housing fee reimbursement. The city engineer shall be authorized to administer the reimbursement of certain fees collected by him or her elsewhere in this chapter and certain sewer development fees collected by him or her under title 13. Only new residential subdivisions (lots and the residential structures thereon) located within the city limits of Memphis which have been certified by the division of housing and community development as meeting the affordable housing guidelines of the city shall be eligible for fee reimbursement. In order to receive certification by the division of housing and community development, affordable housing developments must comply with the following procedures: 1. The developer shall make application to the director of housing and community development for entry into the affordable housing program. Upon receipt of an application, the director of housing and community development shall certify the maximum number of residential lots and houses in a new development which shall be eligible for participation in the program. The director of housing and community development shall then notify the city engineer of the certification in writing, specifying both the number of lots and houses so certified and the name of the subdivision in which they are located. 2. Upon receipt of all other necessary preliminary approvals, the developer shall enter in to a standard improvement contract through the city engineer's office, and shall pay to the city all standard fees chargeable at the time of contract execution. The contract shall include a provision under which the city will reimburse the developer for the following fees: a. Engineering administration fees; b. Sewer development fees; c. Asphaltic binder paving. The fees shall be reimbursed on a per lot, pro-rata basis as determined by the ratio of initially certified affordable housing lots to the total number of lots in the development. Reimbursement shall be made only after the sale of a house and lot to an owner/occupant and receipt by the city engineer of final written certification of such sale from the director of housing and community development. 3. The standard improvement contract shall stipulate a nonextendable four-year time limit (from the date of contract approval by the city council) during which the developer may receive reimbursement. The city engineer shall close the affordable housing reimbursement provisions of a contract upon the earlier of: (1) reimbursement of fees for the maximum number of lots and houses receiving initial certification; or (2) the expiration of the four-year time limit. 4. If no standard improvement contract is required by the development, the city engineer may collect the required fees and establish the affordable housing requirement schedule by resolution of the city council. (Code 1985, § 2-228; Ord. No. 3974, § 1, 7-31-1990; Ord. No. 4241, § 1, 2-22-1994; Ord. No. 5271, § 1, 9-23-2008; Ord. No. 5506, § 1, 5-21-2013)

Source: City of Memphis, Code of Ordinances and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/tn/memphis/codes/code_of_ordinances?nodeId=TIT2AD_CH2-22DIENFetched: 10/28/2026