RESOLUTION NO. RS2016-481

A resolution requesting the Department of Codes Administration and the Department of Public Works to formulate recommendations for the Metropolitan Council to address the placement of heavy construction equipment that obstructs public streets, sidewalks, alleys and other rights-of-way.

WHEREAS, the Metropolitan Code of Laws prohibits any person causing any obstruction upon any street, road, alley, sidewalk or other public way, or closing or occupying any portion of the public right-of-way, in connection with any excavation or obstruction, without first obtaining a permit to do so from the director of the department of public works; and

WHEREAS, despite these Metro Code provisions, developers and builders of construction projects often place cranes, generators, and other heavy equipment within public streets, roads, alleys, sidewalks and other public ways, adjacent to new construction projects, thereby obstructing or partially obstructing access to these public ways; and

WHEREAS, often the placement of heavy construction equipment is designed into the construction of the project at an early phase, becoming an integral part of the construction plans, such that subsequent refusal to grant permits for such obstructions would force cessation of the construction project; and

WHEREAS, it is fitting and proper that the Metropolitan Council seek to promulgate legislation – following recommendations of the Department of Public Works and the Department of Codes -- that addresses this problem, rectifies the dangers, disruptions and traffic impediments posed by such obstructions, and protects the safety and welfare of the citizens of the Metropolitan Government.

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

Section 1. The Metropolitan County Council hereby goes on record as requesting that the Department of Public Works and the Department of Codes Administration confer and formulate recommendations for the Metropolitan Council to address problems posed by the placement of heavy construction equipment that obstructs public streets, sidewalks, alleys and other rights-of-way.

Section 2. The Metropolitan County Council further goes on record as requesting that, in so conferring, the Department of Public Works and the Department of Codes Administration consult with area builders, contractors, the local construction industry generally, as well as with Walk Bike Nashville and/or other such active transportation advocacy organizations.

Section 3. The Metropolitan County Council further goes on record as requesting that the Department of Public Works and the Department of Codes Administration report their combined recommendations to the members of the Metropolitan Council within ninety (90) days of the adoption of this Resolution.

Section 4. The Metropolitan Clerk is directed to send a certified copy of this Resolution to the Director of the Department of Public Works and to the Director of the Department of Codes Administration.

Section 5. This resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Jeremy Elrod, Dave Rosenberg