Construction Approval

Guiding your Project from Planning Approval to Final BMA Approval

Overview of Engineering Construction Approvals

This critical next stage encompasses all necessary detailed engineering drawing reviews, official City of Germantown approvals for those construction drawings, finalization and approval of the Development Contract (requiring BMA approval), and the issuance of any necessary engineering-related permits. Our Engineering Department's goal during this phase is to ensure your project's detailed engineering design, site work, public improvements, and contractual obligations align with all City standards, codes, and ordinances, setting a solid foundation for successful execution.

Clarifying Your Starting Point

Your project enters this crucial phase with the City of Germantown's Engineering Department after it has successfully navigated the Planning Division's review process and has received:

Planning Approval from the Planning Commission (PC) and or the Design Review Commission (DRC) (as applicable).

Board of Mayor and Aldermen (BMA) approval specifically for Justified Design Alternatives (JDA) (if applicable).

With these preliminary approvals for your site layout in place, Phase 1, managed by our Engineering Department, focuses on the detailed technical aspects required before any construction can begin.

Initial Step

Developers must complete the following initial step:

Submit Core Documents:

A. Construction Drawings Submittal:

Formally submit your detailed Construction Drawings. These drawings provide the technical specifications for constructing site improvements, utilities, grading, drainage, erosion control, and other related work.

They must be consistent with the site layout previously approved by the Planning Commission and or the Design Review Commission. Crucially, these submitted drawings MUST incorporate any revisions requested from remaining staff comments that were received during the Planning Division Process.

Submission Requirements:

Deliver four (4) physical sets of the complete, bound, unsealed construction drawings.

Deliver one (1) digital set emailed to Engineering@germantown-tn.gov, or on a USB Drive delivered to our office.

All sets are to be delivered to the: Engineering Department, City of Germantown 1920 S. Germantown Rd Germantown, TN 38134 Attn: Emily Westbrook

These plans must be comprehensive, professionally prepared by qualified engineers/designers, and adhere to all relevant City of Germantown codes, ordinances, and engineering standards.

B. Project Contact Sheet Submittal:

Submit the completed Project Contact Sheet. This document is crucial as it identifies the key contacts for your project team.

Project Contact Sheet

Once these core documents are submitted by the applicant and accepted as complete for review by the Engineering Department, the following components (A: Project Plan Approval, B: Development Contract, and C: Permits) can often be worked on concurrently.

A: Construction Drawing Approval

A. Construction Drawing Approval

The primary objective of this component is to ensure your submitted detailed construction drawings are thoroughly reviewed and receive all necessary City of Germantown approvals from an engineering and regulatory standpoint. This approval is distinct from the earlier site layout approval granted through the Planning Division process.

Detailed Drawing Review

Your submitted construction drawing will undergo a comprehensive review by the City of Germantown's Engineering Department staff. This technical review scrutinizes aspects such as site grading, drainage, utilities (water, sewer, storm), erosion control, compliance with public works standards, and overall adherence to City codes and engineering best practices.

This review also involves input from other relevant City departments (such as the Fire Department for emergency access, Public Works for utility connections or impacts, etc., depending on the project's nature).

This is often an iterative process. You will receive comments or requests for revisions from City staff. These comments must be thoroughly addressed, and revised plans must be resubmitted. This cycle of review, comment, and revision continues until City staff determines that the plans fully meet all technical requirements and applicable City of Germantown standards.

Following the successful completion of this "A: Construction Drawing Approval," you would continue to work on "B: Development Contract" and "C: Permits," if you haven't already been addressing them concurrently. All three components (A, B, and C) must be completed before the Pre-Construction Meeting can be scheduled.

B: Development Contract

B. Development Contract

This component formalizes the legal agreement, responsibilities, and financial obligations between the developer/applicant and the City of Germantown related to the project. It often focuses on public improvements, adherence to approved drawings, long-term maintenance responsibilities (if any), and ensures the project aligns with the City's interests. The initially submitted Construction Drawings (from section A above) and Project Contact Sheet (from the initial step and in the Contract Information Packet) provide foundational information for this process.

Step 1: Submit Contract Information Packet

Submit a complete Contract Information Packet as required by the Engineering Department. This packet is crucial for establishing the financial and administrative framework for the Development Contract and typically consists of:
- Security Calculations: Detailed calculations determining the value of any required financial securities or bonds. These may include, but are not limited to, securities for public improvements (such as roads, sidewalks, utilities), erosion control measures, landscaping, or other project-specific obligations as outlined by City ordinances or during plan review. These calculations help establish the appropriate amounts for performance and/or maintenance bonds.
- Additional Fee Calculations: Itemized calculations for any specific fees associated with the project or development contract that are beyond standard, initial application fees. This could include, for example, inspection fees based on the project's scale or complexity, specific infrastructure impact fees if applicable, or other fees as determined by City policy. The information provided in this packet will be reviewed by City staff and used in the preparation and finalization of the Development Contract.
- Certificate of Insurance: The developer shall purchase and maintain the insurance outlined below to provide protection from the developer's negligent acts. The developer shall provide this insurance as required by the Contract Documents. The negligence by any subcontractor, by anyone directly or indirectly employed by any of them, shall be considered a negligent act of the developer.

The information provided in this packet will be reviewed and must be approved by City staff and will used in the preparation and finalization of the Development Contract.

Contract Information Packet

Step 2: Draft Development Contract Negotiation & Review
- You will work collaboratively with City of Germantown staff to draft, negotiate, and review the terms of the Development Contract. This process typically involves representatives from the Engineering Department, the Planning Department, and the City Attorney's office. The contract will outline specific conditions, developer responsibilities (such as the construction of public infrastructure like roads, sidewalks, or utilities to City standards), timelines, and any other project-specific agreements, incorporating information from the Contract Information Packet.

Step 3: Complete Administrative Items & Financial Assurances
- Fulfill all required administrative items as stipulated for the project and outlined in the draft Development Contract, based on the approved calculations from the Contract Information Packet. This crucial step typically includes, but is not limited to:
  1. Providing proof of necessary insurance coverage (e.g., general liability, workers' compensation) at specified levels.
  2. Posting required financial securities in the amounts determined by the approved Security Calculations (to guarantee the proper construction and/or maintenance of public improvements).
  3. Payment of all applicable City fees, including those identified in the Additional Fee Calculations. Verification of these items is essential before the contract can proceed for final approval.

Step 4: BMA Approval of Development Contract
- Once the terms of the Development Contract have been finalized and agreed upon by City staff and the developer, and all prerequisite administrative items and financial assurances (from Step 3) have been satisfactorily completed and verified, the Development Contract is presented by staff to the City of Germantown Board of Mayor and Aldermen (BMA) for their review and formal approval.

Step 5: Final Development Contract Execution
- Following BMA approval, the Development Contract is formally signed by the Mayor. Upon execution, it becomes a legally binding agreement governing the development.

C: Permits

C. Development Contract Permits: What You Need to Know

As part of the development contract process, our team will determine which additional permits you'll need to complete your project. This often includes permits for grading, foundations, and work in the right-of-way. The good news is, the fees for these common permits are already included in the payments you make to the City when the Board of Mayor and Aldermen approves your development contract.

Please be aware that some specialized permits are not automatically included within the development contract fees. Permits such as demolition permits, for example, will require a separate application process and associated fees. For more detailed information about all types of engineering permits, please visit our Engineering Permits page.