SUBSTITUTE ORDINANCE NO. BL2008-345

An ordinance amending Title 15 of the Metropolitan Code to create a stormwater master planning district.

WHEREAS, approximately 14 square miles of central Davidson County is served by a Combined Sewer System (the “CSS”) in which sanitary sewage and stormwater are conveyed in the same pipe; and

WHEREAS, during periods of wet weather, the amount of stormwater entering the CSS often exceeds the capacity of the system and leads to Combined Sewer System Overflows (“CSO”); and

WHEREAS, in 2007, 765.2 million gallons of CSO was discharged into the Cumberland River; and

WHEREAS, in August 2007, the Metropolitan Government signed a consent decree with the Department of Justice and the State of Tennessee that called for a 9 year plan to reduce raw sewage overflows in Davidson County’s waterways; and

WHEREAS, the development of the area served by the CSS has resulted in more impervious surfaces and increased demands on the CSS; and

WHEREAS, the use of Green Infrastructure to encourage stormwater absorption and infiltration is an attractive and cost- effective way to reduce use of the CSS and enhance its function; and

WHEREAS, other parts of Davidson County not served by the CSS will also benefit from use of Green Infrastructure to reduce flooding and enhance water quality.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That Section 15.64.010 of the Metropolitan Code is hereby amended by adding the following new definitions to Section 15.64.010:

“Stormwater Master Planning District” means a defined geographical area that will benefit from the use of Green Infrastructure to augment or replace conventionally engineered stormwater management solutions.

“Green Infrastructure” means an approach to wet weather management that is cost-effective, sustainable, and environmentally friendly, which incorporates management approaches and technologies that infiltrate, evapotranspire, capture and reuse stormwater to maintain or restore natural hydrologies. Green Infrastructure practices include, but are not limited to open space, rain gardens, porous pavements, green roofs, infiltration planters, trees and tree boxes, swales, and curb extensions.

“Green Street” means a public right-of-way that utilizes Green Infrastructure to manage wet weather flows and enhance water quality.

Section 2. That Title 15 of the Metropolitan Code, Water, Sewer and Other Public Places, is hereby amended by adding the following new Section 15.64.195 “Stormwater Master Planning District.”

15.64.195 Stormwater master planning district.
A. There is hereby created a Stormwater Master Planning District within the geographical limits of the Metropolitan Government of Nashville and Davidson County and co-terminus with the area currently served by the Combined Sanitary Sewer System, as described by lines, words and figures on the maps on file with the Department of Water and Sewerage Services, which are incorporated herein by reference.
B. In cooperation with the Metropolitan Planning Department, the Metropolitan Development and Housing Agency, and the Department of Public Works, the Metropolitan Department of Water and Sewerage Services (“MWS”) shall be responsible for developing a plan for the installation of Green Infrastructure within the Stormwater Master Planning District. At the discretion of the director of Metro Water Services, the Stormwater Master Planning District may be subdivided into appropriate study areas.
C. Such plan for a Stormwater Master Planning District should include general location and type of installation and its estimated impact on the CSS.
D. The initial plan shall be submitted to the Metropolitan Council not later than one hundred eighty days from the effective date of this ordinance, and shall be updated annually as part of the report by the director of MWS pursuant to section 15.64.034 of this chapter.
E. Funding.
1. The director of MWS shall submit to the Mayor and the Director of Finance a list of Green Infrastructure projects within the Stormwater Master Planning District(s) for suggested inclusion as part of the capital improvements budget not later than four months prior to the end of the fiscal year, as provided in section 6.13 of the Metropolitan Charter.
2. Not less than thirty days after the adoption of the capital improvements budget each year, the director of MWS shall further submit to the Mayor and the Director of Finance a prioritized list of Green Infrastructure projects within the Stormwater Master Planning District(s) for recommended inclusion as part of the next capital spending plan. Such recommendation shall include estimated construction and maintenance costs as well as anticipated benefit to water quality and water treatment.
F. The Department of Water and Sewerage Services, working in conjunction with the Department of Public Works, shall be responsible for the maintenance of any publicly funded Green Infrastructure projects within the Stormwater Master Planning District(s). Such maintenance shall be done in accordance with specifications and standards established by MWS.
G. Notwithstanding the geographical limitations imposed by the Stormwater Master Planning District, the Department of Water and Sewerage Services shall have the authority to promulgate and enforce rules and regulations for the implementation of Green Infrastructure techniques to address stormwater issues associated with private development.
H. Subsequent to the enactment of this section, additional areas within the Metropolitan Government of Nashville and Davidson County may be designated as Stormwater Master Planning Districts by a resolution of the Metropolitan Council receiving twenty-one affirmative votes.

Section 3. That this Ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Parker Toler, Emily Evans, Mike Jameson, Jason Holleman, Erik Cole, Megan Barry, Randy Foster

LEGISLATIVE HISTORY
Introduced:	November 18, 2008
Passed First Reading:	November 18, 2008
Referred to:	Budget & Finance Committee Public Works Committee
Deferred to January 20, 2009:	December 2, 2008
Substitute Introduced:	January 20, 2009
Passed Second Reading:	January 20, 2009
Passed Third Reading:	February 3, 2009
Approved:	February 10, 2009
By: