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An ordinance to amend Section 13.08.030 of the Metropolitan Code of Laws relative to encroachments.
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BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That Subsection 13.08.030.A of the Metropolitan Code of Laws shall be replaced in its entirety by the following:
A. No person, firm or entity shall construct, install, operate, and/or maintain an encroachment in, on, over, across, or under any street, road, alley, sidewalk, or other public way except when permitted by the metropolitan government.
1. Unless specifically permitted within this section or under other sections of this code, encroachments, permits, or privileges to construct, install, operate and/or maintain an encroachment in, on, or under any street, road, alley, sidewalk, or other public way (commonly known as aboveground and underground encroachments) shall be approved through a permitting process administered by the department of transportation (NDOT) and then by resolution of the metropolitan council.
2. Encroachments, permits or privileges to construct, install, operate, and/or maintain aerial cables, canopies, signs, or other encroachments over and/or across streets, roads, alleys, sidewalks or other public way (commonly known as aerial encroachments) shall be approved solely through a permitting process administered by NDOT.
Section 2. This Ordinance shall take effect from and after its adoption, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.
Agenda Analysis
Analysis
This ordinance amends Section 13.080.030 of the Metropolitan Code of Laws relative to encroachments.
Subsection 13.08.030.A of the Metropolitan Code of Laws currently states that no encroachment shall be constructed, installed, operated, or maintained in, on, over, or under any public right-of-way, except by permit. The Metropolitan Council may grant encroachments to construct, install, operate, and/or maintain an encroachment in, on, over, or under any public right-of-way by ordinance. The Council may also grant encroachments, to construct, maintain or operate aerial cables, canopies, or similar encroachments over and/or across sidewalks and public rights-of-way by resolution approved by 21 affirmative votes.
The proposed ordinance provides that aboveground and underground encroachments would be approved through a permit from the Nashville Department of Transportation and Multimodal Infrastructure (“NDOT”) and by a resolution by the Metropolitan Council. It would allow aerial encroachments to be approved through the NDOT permitting process without Council legislation.