RESOLUTION RS2017-780

A resolution to amend Ordinance No. BL2016-235 to create a fee for a right-of-way site management plan permit.

WHEREAS, the Department of Public Works (the Department) provides many valuable services to the public; and

WHEREAS, the fees charged by the Department for various services, including permitting for right-of-way closures and obstructions, are currently below the costs incurred by the Department for providing the same services; and

WHEREAS, right-of-way closures and obstructions pose significant hardships upon pedestrians, motorists, and passersby attempting to negotiate safe passage from one location to another, with closures and obstructions that persist for extended periods of time being particularly burdensome; and

WHEREAS, a detailed site management plan describing how a right-of-way will be utilized during extended closure or obstruction, with the goals of ensuring safety and limiting right-of-way closures as much as possible, would reduce the hardships upon pedestrians, motorists, and passersby; and

WHEREAS, it is in the best interest of the Metropolitan Government of Nashville and Davidson County to require a site management plan permit for all right-of-way closures and obstructions that persist for extended periods of time and to collect a fee to cover actual costs associated with issuance of such permits; and

WHEREAS, Ordinance BL2016-235, as amended by Amendment 1 and by Resolution No. RS2016-391, increased various fees in order for the Department to recover the full amount of the costs it incurs for the services it is providing; and

WHEREAS, additional amendments to the Ordinance are needed, and Section 8 of Ordinance No. BL2016-235, as approved by Council, allows that any future amendments to the ordinance may be approved by resolution.

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

Section 1. That Ordinance No. BL2016-235 is hereby amended to insert the following as a new Section 8 and renumber the subsequent sections of the Ordinance accordingly:

“Section 8. That Chapter 13.20 of the Metropolitan Code shall be and is hereby amended by inserting a new subsection 13.20.030.I. as follows:

I. Right-of-Way Site Management Plan Permit.
1. In addition to any other fees required by this chapter, permits requiring the temporary closure or obstruction of the metropolitan government's rights-of-way for a period of longer than twenty (20) calendar days shall require a right-of-way site management plan permit, subject to a fee of fifty dollars.
2. The site management plan will include:
a. Dates and/or times of day that the right-of-way will be closed and/or obstructed;
b. Reasons for the duration of the right-of-way closure and/or obstruction;
c. Considerations for using covered scaffolding to keep rights-of-way open in areas with high pedestrian traffic and commercial uses;
d. A description of the equipment to be used in the right-of-way and justifications for its use in the right-of-way rather than on the project’s property;
e. A plan for coordinating site deliveries to minimize disruptions to the right-of-way;
f. A plan for communicating with neighboring residents and businesses about updates and changes to the right-of-way closure and/or obstruction, including a twenty-four-hour phone number, to also be posted at the project site, to contact an individual(s) responsible for the project;
g. A plan for regular removal and clean-up of dirt, gravel, or other debris in the right-of-way;
h. A plan for signage and re-routing of pedestrians, cyclists, and vehicles; and
i. A description of the fencing type to be used at the job site and whether it will include mesh or other appropriate material to screen the job site”,

Section 2. That Ordinance No. BL2016-235 is hereby amended to insert the following as a new Section 9 and renumber the subsequent sections of the Ordinance accordingly:

“Section 9. That subsection 2.62.030 of the Metropolitan Code shall be and is hereby amended by inserting a new subsection “H” as follows:

H. Right-of-Way Site Management Plan Permit. In addition to any other fees required by this chapter, film permits requiring the temporary closure or obstruction of the metropolitan government's rights-of-way for a period of longer than twenty (20) calendar days shall require a right-of-way site management plan permit (as defined in Metropolitan Code Section 13.20.030.I.), subject to a fee of fifty dollars.”

Section 3. That Ordinance No. BL2016-235 is hereby amended to insert the following as a new Section 10 and renumber the subsequent sections of the Ordinance accordingly:

“Section 10. That subsection 2.62.040 of the Metropolitan Code shall be and is hereby amended by inserting a new subsection “H” as follows:

H. Right-of-Way Site Management Plan Permit. In addition to any other fees required by this chapter, special event permits requiring the temporary closure or obstruction of the metropolitan government's rights-of-way for a period of longer than twenty (20) calendar days shall require a right-of-way site management plan permit (as defined in Metropolitan Code Section 13.20.030.I.), subject to a fee of fifty dollars.”

Section 4. That 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