SUBSTITUTE ORDINANCE NO. BL2016-513

An ordinance amending Title 15 and Title 17 of the Metropolitan Code of Laws pertaining to the Department of Water and Sewerage Services. (Proposal No. 2016Z-022TX-001).

WHEREAS, Substitute Resolution No. RS2012-277, Ballot Amendment 5, adopted by the Metropolitan Council and subsequently approved by referendum, removed responsibility for stormwater from the Department of Public Works; and, 

WHEREAS, Section 8.502 of the Charter of The Metropolitan Government of Nashville and Davidson County, as amended by referendum, delegates to the Department of Water and Sewerage Services (“Metro Water”) authority and responsibility for the construction, operation, and maintenance of all water, sewer, and stormwater facilities of the Metropolitan Government; and, 

WHEREAS, certain provisions of Title 15 and Title 17 of the Metropolitan Code of Laws need to be updated to better reflect current local, state, and federal requirements and procedures pertaining to stormwater; and, 

WHEREAS, certain provisions of Title 15 are redundant and consolidation is beneficial for clarity; and,

WHEREAS, such changes are needed in order to protect the health and safety of the citizens of Nashville and Davidson County.

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

Section 1. That Title 15, Section 15.64.010 of the Metropolitan Code of Laws shall be amended by deleting it in its entirety and replacing it with the following:

“As used in this chapter, the following words and terms shall have the meanings ascribed herein: 

"Base Flood” means the flood having a one percent chance of being equaled or exceeded in any given year. This is the regulatory standard also referred to as the "100-year flood."

“Base Flood Elevation” means the computed elevation to which floodwater is anticipated to rise during the base flood. Base Flood Elevations (BFEs) are shown on Flood Insurance Rate Maps (FIRMs) and on the flood profiles.

“Channel" means a natural or artificial watercourse of perceptible extent, with definite bed and banks to confine and conduct continuously or periodically flowing water. Channel flow thus is that water which is flowing within the limits of the defined channel. 

"Community waters" means any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wetlands, wells and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of the Metropolitan Government of Nashville and Davidson County.

"Contaminant" means any physical, chemical, biological or radiological substance or matter.

"Department" means the Metropolitan Government of Nashville and Davidson County's Department of Water and Sewerage Services.

"Director" means the Director of the Metropolitan Government of Nashville and Davidson County's Department of Water and Sewerage Services, or his designee.

"Discharge" means any substance disposed, deposited, spilled, poured, injected, seeped, dumped, leaked, or placed by any means, intentionally or unintentionally, into community waters, the waters of the state, or any area draining directly or indirectly into the municipal stormwater system of the Metropolitan Government.

"Drainage basin" means a part of the surface of the earth that is occupied by and provides surface water runoff into a drainage system which consists of a surface stream or a body of impounded surface water together with all tributary surface streams and bodies of impounded surface water. 

"Erosion" means the disintegration or wearing away of the earth’s surface by the action of wind and water. 

"Flood" means water from a river, stream, watercourse, lake or other body of standing water that temporarily overflows and inundates adjacent lands and which may affect other lands and activities through increased surface water levels, and/or increased ground water level. 

"Floodplain" means the relatively flat or lowland area adjoining a river, stream, watercourse, lake, or other body of standing water which has been or may be covered temporarily by flood water. For administrative purposes, the "floodplain" is defined as the 100-year floodplain, which is the area predicted to be inundated by the base flood.

"Floodproofing" means a combination of structural provisions, changes, or adjustments to properties and structures subject to flooding primarily for the reduction or elimination of flood damages to properties, water and sanitary facilities, structures, and contents of buildings in a flood hazard area. 

“Flood protection elevation” means at least four feet above the base flood elevation for residential construction and at least one foot above the base flood elevation for non-residential construction. 

"Floodway" means that portion of the stream channel and adjacent floodplain required for the passage or conveyance of a 100-year flood discharge. The floodway boundaries are placed to limit encroachment in the floodplain so that a 100-year flood discharge can be conveyed through the floodplain without increasing the water surface elevation by more than a foot at any point and without producing hazardous velocities or conditions. This is the area of significant depths and velocities, and due consideration should be given to effects of fill, loss of cross-sectional flow area, and resulting increased water surface elevations. 

"Floodway fringe" means that portion of the floodplain lying outside the floodway. This is the area of the floodplain that may be developed or encroached upon as long as the water surface elevation of the 100-year flood is not increased 

"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. 

"Human occupancy" means any portion of any enclosed structure wherein humans principally live or sleep, such as mobile homes, permanent residential activities, semitransient residential activities, health care community facilities, nursing home community facilities, orphanages, family care facilities, group care facilities, or transient habitation. 

"Impervious area" means the portion of a parcel of property that is covered by any material, including without limitation roofs, streets, sidewalks and parking lots paved with asphalt, concrete, compacted sand, compacted gravel or clay, that substantially reduces or prevents the infiltration of storm water. Impervious area shall not include natural undisturbed surface rock." 

“Infill (regulated residential)” means the creation of eight hundred to fifteen thousand square feet of additional net impervious area (IA) for a residential dwelling(s) through new development, redevelopment, or rehabilitation in existing neighborhoods.

“Lot” means a tract, plot or portion of a subdivision parcel of land intended as a unit for the purpose, whether immediate or future, for transfer of ownership or for building development.

"Metropolitan Government" means the Metropolitan Government of Nashville and Davidson County.

"Municipal separate storm sewer system of the Metropolitan Government" means a conveyance, or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, and storm drains) designed or used for collecting or conveying stormwater; provided, however, that sanitary and combined sewers are not included in the definition of the municipal separate storm sewer system.

"Non-residential property" shall mean a parcel of property that is not a residential property as defined in this section.

"Non-stormwater discharge" means any discharge to the municipal separate storm sewer system except as permitted by subsection 15.64.205(C) of this section.

"One-hundred-year flood" is one that has an average frequency of occurrence of once in one hundred years, determined from an analysis of floods on a particular watercourse and other watercourses in the same general region. Statistically, it has a one percent chance of occurring in any given year. 

"Public system" shall mean and include storm water and flood control devices, structures, conveyances, facilities or systems, including natural watercourses, streams, creeks and rivers used wholly or partly to convey or control storm water or flood water within the jurisdictional boundaries of the Metropolitan Government. The public system shall include, without limitation, natural conveyances (a) for which the Metropolitan Government has assumed maintenance responsibility; (b) to which the Metropolitan

Government has made improvements; (c) which have or may pose a threat to public property because of flooding; or (d) for which the Metropolitan Government is accountable under federal or state regulations governing protection of water quality.

"Qualified control structure" shall mean a device, structure, or practice meeting design standards and approved by the Department that substantially limits the discharge and / or discharge rate of storm water from a parcel of property into or through any public system or that substantially improves the purity of storm water so discharged.

"Residential property" shall mean any property whose primary use, as shown on the use and occupancy permit issued by the Department of Codes Administration, is residential single-family or residential two-family.

"Stormwater" shall mean stormwater run-off, snow melt run-off, surface run-off, street wash waters related to street cleaning and maintenance, infiltration other than infiltration contaminated by seepage from sanitary sewers or other discharges and drainage. 

"Structure" means anything constructed or erected, the use of which requires a more or less permanent location on or in the ground. Such construction includes but is not limited to objects such as buildings, towers, smokestacks, overhead transmission lines, carports and walls. Structure shall not include fences.

"Structure, permanent" means a structure which is built of such materials and in such a way that it would commonly be expected to last and remain useful for a substantial period of time. 

"Structure, temporary" means a structure which is built of such materials and in such a way that it would commonly be expected to have a relatively short useful life, or is built for a purpose that would commonly be expected to be relatively short-term. 

"User" shall mean the owner of record of a non-exempt residential or non-residential property or the person or entity in possession if other than the owner.

"Watercourse" means a channel, natural depression, slough, gulch, stream, creek, pond, reservoir, or lake in which storm runoff and flood water flows either regularly or infrequently. This includes major drainageways for carrying urban storm runoff. 

"Waters of the state" means any and all water, public or private, on or beneath the surface of the ground, which are contained within, flow through or border upon Tennessee or any portion thereof except those bodies of water confined to and retained within the limits of private property in single ownership which do not combine to effect a junction with natural surface or underground waters.”

Section 2. That Title 15, Section 15.64.015 of the Metropolitan Code of Laws shall be amended by deleting it in its entirety and replacing it with the following:

“There is hereby created a Stormwater Division within the Metropolitan Department of Water and Sewerage Services ("MWS"), which in coordination with the Department of Public Works, the Metropolitan Finance Director, the Metropolitan Department of Codes Administration and the Metropolitan Planning Commission, shall have the responsibility for compliance with the Clean Water Act of 1977, as amended and the National Pollution Discharge Elimination System permit (NPDES) and applicable regulations for stormwater discharges; developing stormwater management plans; identifying capital requirements and developing necessary financing for maintenance and rehabilitation of existing and new stormwater facilities; collecting fees and charges for the division; educating the public on the importance of stormwater management and pollution control; developing written regulations and technical guidelines as may be necessary to enforce the terms of this chapter; and other related duties as required by the Director ("Director") of MWS. 

MWS shall be responsible for plan approval and construction inspection of both private stormwater facilities and public stormwater facilities. Additionally, MWS may accept the responsibility for the operation and maintenance of private stormwater facilities only pursuant to criteria defined and adopted by the Stormwater Management Committee and upon a written agreement approved by the Metropolitan Council.” 

Section 3. That Title 15, Section 15.64.020 of the Metropolitan Code of Laws shall be amended by deleting in both the heading and the code provision the phrase “director of public works” and substituting in lieu thereof the phrase “Director of the Department of Water and Sewerage Services.” 

Section 4. That Title 15, Section 15.64.030 of the Metropolitan Code of Laws shall be amended by deleting it in its entirety.

Section 5. That Title 15, Section 15.64.032, Subsection A of the Metropolitan Code of Laws shall be amended by deleting it in its entirety. Numbering and lettering shall be adjusted accordingly.

Section 6. That Title 15, Section 15.64.032, Subsection C(1) of the Metropolitan Code of Laws shall be amended by deleting it in its entirety and replacing it with the following:

“Owners and/or operators of agricultural land (see TCA § 1-3-105(2)(A)(i) and TCA § 68-221-1102(1)), in the municipality, upon which the owner or operator conducts activities that enable the owner or operator to satisfy the requirements of a qualified farmer or nurseryman (as defined by TCA § 67-6-207(e)). The specific criteria for exemption of agricultural properties applies to parcels which are actively engaged in the commercial production of agricultural commodities (defined by TCA §67-6-301(c)(2)).” 

Section 7. That Title 15, Section 15.64.032, Subsection C(4) of the Metropolitan Code of Laws shall be amended by deleting the word “Lakewood.”

Section 8. That Title 15, Section 15.64.032, Subsection D(3) of the Metropolitan Code of Laws shall be amended by deleting the phrase “in a newspaper of general circulation.” Section 9. That Title 15, Section 15.64.032, Subsection F of the Metropolitan Code of Laws shall be amended by deleting the section in its entirety. Lettering shall be adjusted accordingly.  

Section 10.   That Title 15, Section 15.64.032, Subsection J of the Metropolitan Code of Laws shall be amended by deleting the phrase “in a newspaper of general circulation.”

Section 11. That Title 15, Section 15.64.034 of the Metropolitan Code of Laws shall be amended by deleting it in its entirety and replacing it with the following:

“The Director of MWS shall submit an annual written report to the Metro Council, and shall personally appear annually before a joint meeting of the Council public works and budget and finance committees on the Stormwater Management Program. Such report shall contain, at a minimum: 

1. A list of properties that are exempt from the stormwater fees or have been granted adjustments under 15.64.032. The report shall identify each property by street address and owner name, and shall state the adjustment amount granted or the basis for considering the property exempt. 

2. A list of all stormwater projects completed within the previous year for each council district broken down by priority category.

3. The status of the Stormwater Management Program in Metro. 

4. The fee structure imposed to fund the implementation of the stormwater program and the adequacy of funds to implement the program. 

5. Any long-range plans which have been developed to implement the provisions of this chapter. 

6. The status of any projects to control stormwater run-off. 

7. Any other information deemed relevant by the Director or upon request of the Public Works or Budget and Finance Committees of the Metropolitan Council.”

Section 12. That Title 15, Section 15.64.080 of the Metropolitan Code of Laws shall be amended by deleting it in its entirety and replacing it with the following:

“The Stormwater Management Committee shall adopt such rules and regulations as it may deem necessary to conduct its business.  The committee, in open meeting, shall hear all appeals, variance requests, and other relevant issues under the provisions of this chapter.  The committee shall meet at regular monthly intervals with the day and time to be determined by the chairman.  In the event no appeals have been filed and there is no business pending, the chairman may cancel the meeting ten days before its scheduled date.”

Section 13. That Title 15, Section 15.64.100 of the Metropolitan Code of Laws shall be amended by deleting the heading and the code provision it in its entirety and replacing it with the following:

“Appeal and variance request procedure.

A. 1. Whenever the Director of the Department of Water and Sewerage Services or the Director of Codes Administration shall uphold enforcement taken by the Department for violations of the Metropolitan Code of Laws this chapter or with the regulations established in the Metropolitan Government of Nashville and Davidson County Stormwater Management Manual, Volume 1 – Regulations, the owner or authorized agent may appeal from the decision of the Director to the Stormwater Management Committee.  All appeals must be filed within thirty days after an adverse decision by either the Director of the Department of Water and Sewerage Services or the Director of Codes Administration.  A filing fee in the amount established pursuant to Section 15.64.215 shall be charged to each applicant payable to Metro Water Services. 

2. Whenever the Director of the Department of Water and Sewerage Services shall reject or refuse to approve a plan for noncompliance with this chapter or the regulations established in the Metropolitan Government of Nashville and Davidson County Stormwater Management Manual, Volume 1 – Regulations, the owner or authorized agent may appeal the decision of the Director to the Stormwater Management Committee.  All appeals must be filed within thirty days after an adverse decision by the Director of the Department of Water and Sewerage Services.  A filing fee in the amount established pursuant to Section 15.64.215 shall be charged to each applicant payable to Metro Water Services.

32. An applicant may request a variance from the regulations established in the Metropolitan Government of Nashville and Davidson County Stormwater Management Manual, Volume 1 – Regulations, by submitting a completed application to appear before the committee.  A filing fee in the amount established pursuant to Section 15.64.215 shall be charged to each applicant payable to Metro Water Services. 

B. Any action taken by the committee shall be by motion which shall state the reasons therefore with particularity.  All the decisions of the committee shall be by resolution, must be in writing, and must indicate the vote of each member of the committee upon the decision, and shall specify in what manner such variation or modifications shall be made, the conditions upon which they are to be made, and the reasons therefore. 

C. Unless otherwise stated, every decision of the committee shall be final; subject however, to such remedy as any aggrieved party or the Metropolitan Government may have at law or in equity. Every decision shall be promptly entered into the minutes of the meeting of the committee by the secretary and filed with Metro Water Services. The records of the committee shall be open to public inspection, and a copy of each decision shall be sent by mail or otherwise to each appellant. 

D. The committee shall, in every case, render a decision without unreasonable or unnecessary delay.” 

Section 14. That Title 15, Section 15.64.110, Subsection C of the Metropolitan Code of Laws shall be amended by deleting it in its entirety and replacing as follows:

“No building permit, except for structures exempted in Section 15.64.130, shall be issued until grading, drainage and erosion control plans are approved by the Director of the Department of Water and Sewerage Services or his designee, and the grading permit is issued.” 

Section 15.   That Title 15, Section 15.64.110 of the Metropolitan Code of Laws shall be amended by adding Subsection E, and the following:

“Metro Water Services may withhold approvals and grading permit issuance from any person, partnership, limited partnership, joint venture, corporation or any other type of business entity or related entity who has another grading permit project or building permit that is currently in violation of stormwater regulations.  For purposes of this section, partnerships, limited partnerships, joint ventures, corporations or other type of business entities owned or operated by common person(s) or having common person(s) involved in the day-to-day operation of the business will be viewed as a related entity unless a significant change of control can be evidenced.”

Section 16 That Title 15, Section 15.64.130, Subsection (B)(1) of the Metropolitan Code of Laws shall be amended by deleting it in its entirety and replacing as follows:

“Disturbs less than ten thousand square feet.”

Section 17. That Title 15, Section 15.64.140, Subsection A of the Metropolitan Code of Laws shall be amended by deleting it in its entirety and replacing as follows:

“Persons responsible for property developments shall be required to submit detailed grading and drainage plans, with supporting calculations prepared by a registered engineer, to the Department of Water and Sewerage Services for review and approval prior to initiation of work. Where applicable, an erosion control plan prepared by a design professional or soil scientist shall be included in order to prevent sedimentation from reducing the flow carrying capacity of the downstream drainage system.

Section 18.   That Title 15, Section 15.64.140, Subsection B of the Metropolitan Code of Laws shall be amended by deleting it in its entirety and replacing as follows:

“For purposes of this section, property developments shall include the grading, excavation, clearance or other alteration of the landscape for other than agricultural purposes, whether or not a building application has been filed, and whether or not subdivision of the land or construction on the land is contemplated in the near future.”

Section 19. That Title 15, Section 15.64.150 of the Metropolitan Code of Laws shall be amended by deleting the heading and the code provision in its entirety and replacing as follows:

“Application of Tennessee Water Quality Control Act and Federal Water Pollution Control Act.  Approval by the Metropolitan Government does not relieve the developer of obtaining any permits required by the Tennessee Water Quality Control Act and Federal Water Pollution Control Act.”

Section 20. That Title 15, Section 15.64.160, Subsection A of the Metropolitan Code of Laws shall be amended by deleting the references to “Chapter 17.136” and substituting in lieu thereof the reference “Chapter 17.36.”

Section 21. That Title 15, Section 15.64.160, Subsection B of the Metropolitan Code of Laws shall be amended by deleting it in its entirety, including the Note appearing at the end of Subsection B.

Section 22. That Title 15, Section 15.64.180, Subsection A of the Metropolitan Code of Laws shall be amended by deleting it in its entirety and replacing as follows: 

“The placement or construction of a levee, earth fill, building or other structure which alters the floodplain area shall only be permitted based on a plan prepared by a registered and licensed professional engineer of Tennessee, showing existing and proposed elevations, existing and proposed drainage channels, and existing and proposed structures, and the plan shall be approved by the Director of the Department of Water and Sewerage Services of the Metropolitan Government certifying that the alteration and construction as proposed would not increase the degree of flooding in other areas, and that any structures proposed to be constructed in the floodplain shall meet the following special conditions.”

Section 23. That Title 15, Section 15.64.180, Subsections A(1) and A(2) of the Metropolitan Code of Laws shall be amended by deleting said subsections in their entirety and replacing them as follows: 

1. The minimum floor elevation of that portion of any structure intended for human occupancy shall be at least equal to or higher than four feet above the base flood elevation.  Those portions of such structures not intended for human occupancy shall be at least equal to or higher than one foot above the base flood elevation.  All other related facilities thereto such as electrical equipment, water service, and sanitary sewer connections shall be at least equal to or higher than one foot above the base flood elevation. 2.  The minimum floor elevation of any structure not intended for human occupancy, as defined, shall be at least equal to or higher than one foot above the base flood elevation.  Floodproofing of these structures will only be authorized by the Director of the Department of Water and Sewerage Services as specific individual exceptions to minimum floor elevation requirements where it can be shown that the proposed floodproofing is acceptable from an engineering standpoint.” 

Section 24.   That Title 15, Section 15.64.195 of the Metropolitan Code of Laws shall be amended by deleting it in its entirety.   

Section 25. That Title 15, Section 15.64.205, Subsection A of the Metropolitan Code of Laws shall be amended by deleting it in its entirety.  Lettering and numbering shall be adjusted accordingly. 

Section 26. That Title 15, Section 15.64.205, Subsection D shall be amended by deleting it in its entirety and replacing as follows: 

“The Director of MWS, with the approval of the mayor, shall have authority to implement this chapter by appropriate regulation.  The Director of MWS shall enforce the provisions of this chapter, and he or his duly authorized representative may enter, upon presentation of proper identification to the owner, occupant, or person in control thereof, any building, structure or premises within the area of jurisdiction of the Metropolitan Government to perform any duty imposed upon him by this chapter or by the regulations and technical guidelines promulgated by the Department pursuant to this chapter. Such entry for the purpose of making any inspection required in this chapter shall be made during reasonable hours, so as to cause the least inconvenience to the occupants thereof, unless emergency circumstances exist. It is unlawful for any person, whether owner, occupant, or party in control of the building, structure, or premises, to refuse the entry of the Director or any of the Director’s duly authorized representatives or to interfere in any manner in the performance of the duties imposed upon the Director by this chapter or by the regulations and technical guidelines promulgated by the Department pursuant to this chapter.” 

Section 27. That Title 15, Section 15.64.205, Subsection E of the Metropolitan Code of Laws shall be amended by deleting it in its entirety and replacing it as follows:  

“Discharges with valid and effective NPDES permits issued by the State of Tennessee that meet the pollutant parameters specified within each permit are not prohibited by this section.” 

Section 28.   That Title 15, Section 15.64.205, Subsection G of the Metropolitan Code of Laws shall be amended by deleting it in its entirety.

Section 29. That Title 15, Section 15.64.215 of the Metropolitan Code of Laws shall be amended by deleting it in its entirety and replacing as follows: 

“Notwithstanding any other provision of the Metropolitan Code of Laws, the Department shall develop a schedule of charges for services provided in reviewing permit applications, processing appeal and variance requests to the Stormwater Management Committee, or reviewing plans submitted by private entities for proposed projects that must comply with the Metropolitan Government's stormwater management regulations. The schedule of charges shall reflect not exceed the Department's actual costs incurred in providing such services. A copy of the schedule of charges shall be filed with the Metropolitan Clerk, furnished to each member of the Metropolitan Council and made available on request to any citizen of Davidson County. The Department shall bill and collect in accordance with the schedule of charges, which may be amended from time to time to reflect changes in the Department's actual costs of providing the services contemplated herein.  Fees may be waived by the Department to incentivize certain practices.” 

Section 30. That Title 15, Section 15.64.220, Subsection A of the Metropolitan Code of Laws shall be amended by deleting it in its entirety and replacing as follows: 

“Any violation of this chapter shall be punishable by an administrative penalty in an amount authorized by state law Tennessee Code Annotated, Section 68-221-1106. For purposes of assessing administrative penalties under this chapter, each day of violation shall constitute a separate violation. Any assessment of an administrative penalty shall be in writing and shall be served on the violator in any manner authorized by law.”  

Section 31.   That Title 15, Section 15.64.220, Subsection B of the Metropolitan Code of Laws shall be amended by replacing the word “civil” with the word “administrative” and by adding the word “administrative” before the word “penalty.” 

Section 32. That Title 17, Section 17.28.040, Subsection A of the Metropolitan Code of Laws shall be amended by deleting it in its entirety.  Lettering shall be adjusted accordingly.

Section 33.   That Title 17, Section 17.28.040, Subsection C of the Metropolitan Code of Laws shall be amended by deleting it in its entirety.  Lettering shall be adjusted accordingly. 

Section 34.  That Title 17, Section 17.28.040, Subsection D of the Metropolitan Code of Laws shall be amended by deleting in its entirety and replacing as follows: 

“D. All development shall be undertaken consistent with the flood insurance standards and requirements of the Federal Emergency Management Agency, as necessary, to maintain the eligibility of the National Flood Insurance Program within Davidson County. Notwithstanding any provision herein to the contrary, all development alterations or improvements that would otherwise be subject to Chapter 15.64 of this Code shall comply with the provisions of that chapter and the regulations and technical guidelines promulgated by the Department pursuant to that chapter.”

Section 35. That Title 17, Section 17.28.040, Subsection E of the Metropolitan Code of Laws shall be amended be deleting it in its entirety. Lettering shall be adjusted accordingly.   

Section 36. That Title 17, Section 17.28.040, Subsection F of the Metropolitan Code of Laws shall be amended by deleting the phrase “department of public works” and substituting in lieu thereof the phrase “Department of Water and Sewerage Services.” 

Section 37. That Title 17, Section 17.36.210 of the Metropolitan Code of Laws shall be amended by deleting it in its entirety and replacing it as follows: 

“Alterations of floodplain land and drainage channels shall be in accordance with applicable provisions of Chapter 15.64, “Stormwater Management.” 

Section 38. That Title 17, Section 17.36.220 of the Metropolitan Code of Laws shall be amended by deleting the heading and code provision in its entirety and replacing it as follows: 

“Report to Stormwater Management Committee. A request for a variance to the requirements of Chapter 15.64, Stormwater Management, shall be considered by the Stormwater Management Committee according to the provisions of Chapter 15.64 of the Metropolitan Code of Laws.  Prior to consideration of a variance, the Stormwater Management Committee shall solicit a report from the Zoning Administrator and the Planning Department regarding the applicability of Chapter 17.28, Article I, or any other provision of this title.” 

Section 39.  That this Ordinance shall take effect after its adoption, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Sheri Weiner

LEGISLATIVE HISTORY
Introduced:	December 6, 2016
Passed First Reading:	December 6, 2016
Referred to:	Planning Commission - Approved with an amendment (10-0) Planning, Zoning & Historical Committee Public Works Committee
Deferred to February 7, 2017:	January 3, 2017
Deferred to March 7, 2017:	February 7, 2017
Deferred to May 2, 2017:	March 7, 2017
Public Hearing Scheduled For:	May 2, 2017
Passed Second Reading:	May 2, 2017
Deferred to July 18, 2017:	May 2, 2017
Substitute Introduced:	July 18, 2017
Passed Third Reading:	July 18, 2017
Approved:	July 24, 2017
By:
Effective:	July 29, 2017