ORDINANCE NO. BL2012-218

ORDINANCE NO. BL2012-218

An ordinance amending Section 15.44.050 of the Metropolitan Code of Laws by adding a subsection authorizing the temporary reduction of sewer charges for customers who install green roofs on buildings within the combined sewer area.

WHEREAS, Metropolitan Code of Laws § 15.40.010, et seq., (“Sewer Charge Ordinance”) establishes the applicable charge to use for the public sewerage system (“System”); and,

WHEREAS, the Sewer Charge Ordinance authorizes reductions in charges for properties taking certain specified actions that reduce the volume of water discharged into the System; and,

WHEREAS, the construction of green roofs, as herein defined, within the combined sewer area of the Metropolitan Government will likewise reduce the volume of water discharged into and improve the functioning of the System.

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

Section 1: Metropolitan Code of Laws § 15.44.050 is hereby amended by adding a new subsection E as follows:

(a) For purposes of this section, “green roof” shall mean a building roof covering placed over a minimum of 50% of the building’s rooftop space and having at least the following components, compliant with applicable building codes and the Metropolitan Stormwater Management Manual:
1. A waterproof membrane layer;
2. A drainage layer designed such that roof drains can be inspected and cleaned;
3. A growth medium at least four inches in depth;
4. A vegetation layer, at least 80% of which must consist of live, hardy, drought-resistant plants.
(b) Properties located entirely within the combined sewer area of the Metropolitan Government on which a properly functioning green roof is installed after the effective date of this subsection shall be entitled to a credit against the monthly sewer charges otherwise owing under this Chapter. The amount of the credit shall be the product of $10 and the number of square feet of area covered by live vegetation comprising the green roof, subject to the limitation set forth in subsection (d). A portion of the credit equal to the sewer charge otherwise owed for the property on which the green roof is located shall be applied each month until the full credit has been applied or 60 months shall have elapsed, whichever first occurs. The director may revoke the eligibility of a property to receive a credit if the green roof for which the credit has been recognized fails to remain in compliance with this subsection. No property shall be eligible for the credit contemplated by this subsection until the director or his designee has confirmed that the green roof for which the credit is sought has been constructed in accordance with this subsection. The property owner of a green roof receiving credit under this subsection shall annually submit documentation that the green roof remains eligible for such credit. The director or his designee shall be given reasonable access to a green roof on any property receiving or seeking a credit under this subsection for the purpose of verifying eligibility for the credit.
(c) No green roof shall be entitled to a credit under this section unless plans for the green roof shall have been prepared and stamped by a licensed professional and submitted to and approved by the director or his designee prior to construction. Structural considerations shall remain the responsibility of the applicant. During the initial planning phases, a project may apply to the Metropolitan Water Services Department for a preliminary approval that will include an assessment of the project’s eligibility and an analysis of available funding. This preliminary approval will expire in six months if the aforementioned stamped plans are not submitted for approval.
(d) The total of all credits made available to all properties under this subsection shall not exceed $500,000 annually. Properties seeking eligibility for the full credit shall be given priority based on the order in which they apply. A partial credit may be given to a property if the annual limitation has not been reached, but giving the full credit to that property would cause it to be exceeded. A property given a partial credit shall have priority for the full credit for the remaining portion of that property’s 60-month term of eligibility if one or more properties previously receiving the full credit become ineligible for the credit for any reason.

Section 2: This ordinance shall take effect from and after its final passage, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.

LEGISLATIVE HISTORY
Introduced:	August 7, 2012
Passed First Reading:	August 7, 2012
Referred to:	Budget & Finance Committee Public Works Committee
Amended:	August 21, 2012
Passed Second Reading:	August 21, 2012
Passed Third Reading:	September 4, 2012
Approved:	September 7, 2012
By: