ORDINANCE NO. BL2002-1273

An ordinance amending Title 17 of the Metropolitan Code to establish buffering distances between waste facilities and parks and schools, and by defining the term “park,” all of which is more particularly described herein (Proposal No. 2002Z-021T).

Whereas, landfills and other waste disposal and transfer facilities (collectively, “Waste Facilities”) have the potential to create fugitive dust and debris, heavy truck traffic, unpleasant odors, and breeding grounds for vermin, including rodents, flies and mosquitoes; and,

Whereas, it is particularly important to protect the health and welfare of the children of Davidson County, who are more susceptible to harmful effects from such potential negative impacts; and,

Whereas, a buffer between Waste Facilities and areas frequented by children, such as schools and parks, is desirable; and

Whereas the Fifth Circuit Court of Davidson County, Tennessee, in the case of Consolidated Waste Systems, LLC v. Metropolitan Government of Nashville and Davidson Co., TN, No. 01C895, has held that certain aspects of Title 17 of the Metropolitan Code, as presently written, are unconstitutional.

Now, therefore, be it enacted by the Metropolitan Council of The Metropolitan Government of Nashville And Davidson County

Section 1. That Title 17 of the Code of The Metropolitan Government of Nashville and Davidson County, Zoning Regulations is hereby amended as follows:

By amending Section 17.16.110 A.2. Setback by deleting the words “two miles” and replacing them with the words “two thousand feet”.

Section 2. That Title 17 of the Code of The Metropolitan Government of Nashville and Davidson County, Zoning Regulations is hereby amended as follows:

By amending Section 17.16.110 B.3. Setback by deleting the period at the end of the sentence and adding the following provision:
“, and further the facility shall not be located less than two thousand feet of the property line of any school or park.”

Section 3. That Title 17 of the Code of The Metropolitan Government of Nashville and Davidson County is hereby amended as follows:
By amending Section 17.16.210 A.1. Setback. by deleting the words “two miles” and replacing them with the words “two thousand feet”.

Section 4. That Title 17 of the Code of The Metropolitan Government of Nashville and Davidson County is hereby amended as follows:
By amending Section 17.16.210 B.2. Setback. by deleting the period at the end of the sentence and adding the following provision:
“, and further the facility shall not be located less than two thousand feet of the property line of any school or park.”

Section 5. That Title 17 of the Code of The Metropolitan Government of Nashville and Davidson County be and the same is hereby amended as follows:

By amending Section 17.16.210 C.3. Setback. by deleting the period a the end of the sentence and adding the following provision:
“, and further the facility shall not be located within two thousand feet of the property line of any school or park.”

Section 6. That Title 17 of the Code of The Metropolitan Government of Nashville and Davidson County be and the same is hereby amended as follows:

By amending Section 17.04.060 B. General Terms. by adding the following definition:
“Park” means any facility that is:

1) open to the public for recreational uses, including, but not limited to, hiking, swimming, boating, camping;

2) predominately kept in a natural state; or

3) property of the local, state or federal government, or any department or agency thereof, specifically designated as a park, natural area or recreation area. However, the term “park” shall not include “greenways” as defined in Metropolitan Code of Laws section 17.04.060(B).

Section 7. That Title 17 of the Code of The Metropolitan Government of Nashville and Davidson County be and the same is hereby amended as follows:

By amending Section 17.16.040 A.2. Setback by deleting the period at the end of the sentence and adding the following language:

Notwithstanding any other provision of the Metropolitan Code of Laws, no new Community Education facility, as defined in Metropolitan Code of Law section 17.04.060 B., shall henceforth be constructed within 2,000 feet of the property line of any Landfill or other Waste Disposal or Transfer Facility.

Section 8. That Title 17 of the Code of the Metropolitan Government of Nashville and Davidson County be and the same is hereby amended as follows:

By adding the following language as a new section:

Notwithstanding any other provision of the Metropolitan Code of Laws, no new Park, as herein defined, shall henceforth be constructed within 2000 feet of the property line of any Landfill or other Waste Disposal or Transfer Facility.

Section 9. This ordinance shall take effect immediately after its passage and such change be published in a newspaper of general circulation, the welfare of the Metropolitan Government requiring it. However, in the event that an appellate court of the State of Tennessee renders a final judgment in the case of Consolidated Waste Systems, LLC v. Metropolitan Government of Nashville and Davidson Co., TN, M2002-02582-COA-R3-CV, declaring the ordinance in effect prior to the enactment of this ordinance constitutional, this ordinance shall be automatically repealed, and its effect terminated.

Sponsored by: Craig Jenkins