SUBSTITUTE ORDINANCE BL2017-801

An ordinance to amend Chapter 13.20 of the Metropolitan Code to require approval by the Director of the Mayor’s Office of Neighborhoods and Community Engagement and the Director of Transportation and Sustainability for a report from the Department of Public Works regarding obstructions or excavations which close or occupy any portion of the public right of way for a period in excess of six (6) months.

WHEREAS, pursuant to Chapter 13.20 of the Metropolitan Code, anyone who excavates in or obstructs the public right of way for construction or other purposes is required to obtain a permit from the Metropolitan Department of Public Works; and

WHEREAS, obstructions and excavations which close or occupy the public right of way pose significant hardships upon pedestrians, motorists, and passersby attempting to negotiate safe passage from one location to another; and

WHEREAS, obstructions and excavations which close or occupy the public right of way for an extended period of time can have a significant detrimental effect upon access to and quality of life in the affected neighborhoods; and

WHEREAS, it is in the best interests of the Metropolitan Government of Nashville and Davidson County to require approval of the Director of the Mayor’s Office of Neighborhoods and Community Engagement and the Director of Transportation and Sustainability for inform the Metropolitan Council of any obstruction or excavation which closes or occupies any portion of the public right of way for a period in excess of six (6) months.

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

Section 1. That subsection A of section 13.20.020 of the Metropolitan Code is hereby amended by adding the following sentence at the end thereof:

In no event shall any obstruction or excavation close or occupy any portion of the public right of way for a period in excess of six (6) months without the approval of the Director of the Mayor’s Office of Neighborhoods and Community Engagement and the Director of Transportation and Sustainability.

Section 2. 1. That section 13.20.020 of the Metropolitan Code is hereby amended by adding the following new subsection C:

C. At the end of each quarter, the Director of Transportation and Sustainability Department of Public Works shall submit to the Metropolitan Council a report that includes the following information for all new and all current permits that close or occupy any portion of the public right of way for a period in excess of six (6) months:

1. The date the permit was issued.

2. The date the permit was renewed, if applicable.

3. The location of the closed or occupied right of way.

4. The council district in which the closed or occupied right of way is located.

5. The original expiration date of the permit and the original planned date to re-open the right of way.

6. The revised expiration date of the permit and the revised planned date to reopen the right of way, if applicable.

Section 3. That subsection B of section 13.20.030 of the Metropolitan Code is hereby amended by adding the following sentence at the end thereof:

No public way shall be closed in excess of six (6) months without the approval of the Director of the Mayor’s Office of Neighborhoods and Community Engagement and the Director of Transportation and Sustainability.

Section 4. That subsection E.1 of section 13.20.030 of the Metropolitan Code is hereby amended by deleting it in its entirety and substituting in lieu thereof the following:

1. Permits shall be issued for temporary obstructions only. Temporary obstructions may not exceed six (6) months without the approval of the Director of the Mayor’s Office of Neighborhoods and Community Engagement and the Director of Transportation and Sustainability. Additional or cumulative permits may not be issued if the result would allow for obstructions exceeding six (6) months, unless approved by the Director of the Mayor’s Office of Neighborhoods and Community Engagement and the Director of Transportation and Sustainability. Permanent obstructions are prohibited. Except as hereinafter provided, the fee for an obstruction permit shall be fifty-five dollars per day per location.

Section 5. 2. This ordinance shall take effect from and after its enactment, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Jeremy Elrod

AMENDMENT NO. 1
TO
SUBSTITUTE ORDINANCE NO. BL2017-801

 Mr. President –

I move to amend Substitute Ordinance No. BL2017-801 as follows:

I. By amending Section 1 by deleting it in its entirety and substituting therefore the following:

Section 1. That section 13.20.020 of the Metropolitan Code is hereby amended by adding the following new subsection C:

C. At the end of each quarter, the Department of Public Works shall submit to the Metropolitan Council a report that includes the following information for all new and all current permits that close or occupy any portion of the public right of way any portion of the public right of way that is closed or occupied for a period in excess of six (6) months:

1. The date the permit was issued.

2. The date the permit was renewed, if applicable.

3. The location of the closed or occupied right of way.

4. The council district in which the closed or occupied right of way is located.

5. The original expiration date of the permit and the original planned date to re-open the right of way.

6. The revised expiration date of the permit and the revised planned date to reopen the right of way, if applicable.      

LEGISLATIVE HISTORY
Introduced:	July 6, 2017
Passed First Reading:	July 6, 2017
Referred to:	Budget & Finance Committee Public Works Committee
Deferred to September 19, 2017:	July 18, 2017
Substitute Introduced:	September 19, 2017
Passed Second Reading:	September 19, 2017
Re-Referred to:	Budget & Finance Committee
Amended:	October 3, 2017
Passed Third Reading:	October 3, 2017
Approved:	October 4, 2017
By:

Requests for ADA accommodation should be directed to the Metropolitan Clerk at 615/862-6770.