ORDINANCE NO. BL2017-908

SUBSTITUTE ORDINANCE BL2017-908

An ordinance amending Title 15 of the Metropolitan Code of Laws pertaining to the Department of Water and Sewerage Services.

WHEREAS, certain grading activities are not in compliance with the grading permit and drainage plan reviewed and issued by the Department of Water and Sewerage Services; and,

WHEREAS, grading not in compliance with the approved grading permit and drainage plan presents a hazard to the public; and,

WHEREAS, the ability to revoke a grading permit that is not in compliance with the approved grading plan is necessary 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 15.64.032.C.4 of the Metropolitan Code of Laws is hereby amended by deleting the word “Lakewood” therein.

Section 2. That Title 15, Section 15.64.140 of the Metropolitan Code of Laws is hereby amended by adding the following text as new subsection C:

C. Review of a Grading and Drainage Plan.

1. Authorization to Review. The metropolitan council is authorized~~, via adoption of a resolution,~~ to review grading drainage plans or permits issued by the Department of Water and Sewerage Services.

2. Initiation. Review of a grading permit and drainage plan may be initiated by the district metropolitan council member via a written request to the Director of Water and Sewerage Services.

Notice of Review. Within five business days of the initiation of a review, the Department of Water and Sewerage Services shall send written notice to the zoning administrator, ~~and,~~ to the owner(s) of property for which the review has been requested, and the Chairman of the public works committee of the metropolitan council.

3. Procedure. Within thirty days from the initiation of its review, the ~~metropolitan council~~ public works committee shall hold a public hearing after consideration of the request by the public works committee to consider whether grading activity on the site is in compliance with the grading permit and drainage plan issued by the Department of Water and Sewerage Services and, if not, whether the permit should be suspended.

a. Determination of Compliance. To determine if the grading activity on a site is not in compliance with the approved grading permit and drainage plan, ~~the metropolitan council,~~ after consideration of the request the public works committee shall establish at least two of the findings below at a public hearing.

i. The grading permit has been active for more than six months.

ii. No building or use and occupancy permit has been issued by the Department of Codes Administration.

iii. Fill from off-site grading has been brought to and stored

on the site.

b. When Compliance is determined. If the ~~metropolitan council~~ public works committee determines that the grading activity on a site is in compliance with the approved grading permit and drainage plan, the review is concluded and grading may commence in accordance with the approved grading permit and drainage plan.

c. Determination that grading activity is not in compliance with approved grading permit and drainage plan. If the ~~metropolitan council~~ public works committee determines that the grading activity on a site is not in compliance with the approved grading permit and drainage plan, the public works committee shall recommend to the metropolitan council that the permit be revoked via a council resolution.

4. No building permit for new building construction shall be submitted, reviewed or issued within the portion of the site for which a review has been initiated until one of the following has occurred:

a. The ~~metropolitan council~~ public works committee renders a final action as to whether the grading activity is in compliance with the approved grading permit and drainage plan; or
b. A revised plan is submitted and approved by the Department of Water and Sewerage Services, following a determination by the metropolitan council that the grading activity on site is not in compliance with the approved grading permit and drainage plan; or
c. Six months have passed since the initiation of a review, with no action taken by the metropolitan council.

5. The provisions of this ordinance shall sunset two years from the date of approval.

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

LEGISLATIVE HISTORY
Introduced:	September 19, 2017
Passed First Reading:	September 19, 2017
Referred to:	Public Works Committee
Deferred:	October 3, 2017
Substitute Introduced:	October 17, 2017
Passed Second Reading:	October 17, 2017
Passed Third Reading:	November 7, 2017
Approved:	November 8, 2017
By: