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An ordinance to amend Title 2 of the Metropolitan Code of Laws to create a new chapter establishing a priority processing program for affordable housing and day care development projects.
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WHEREAS, increasing affordable housing availability and day care availability are priorities for the metropolitan government; and
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WHEREAS, prioritizing permits and associated development reviews for projects that increase the availability of affordable housing and day care can significantly reduce the time necessary to advance such projects; and
WHEREAS, to ensure proper review, a permit prioritization priority processing program must not impact the thoroughness of review processes;
WHEREAS, Ordinance No. BL2019-1491 established a permit prioritization program process for certain affordable housing projects but did not codify it; and
WHEREAS, it is the desire of the metropolitan government to give day care projects prioritization behind affordable housing projects and codify the program.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That Title 2 of the Metropolitan Code of Laws is amended by adding a new Chapter 2.240:
Chapter 2.240 - Permit Prioritization Priority Processing Program
2.240.010 - Permit prioritization Priority processing program.
The permit prioritization priority processing program provides expedited review and permitting for development projects named in this Chapter. Under the program, qualifying projects in Section 2.240.020 shall be reviewed in advance of other applications, outside of chronological order, in accordance with Section 2.240.030. The review process itself shall not be otherwise expedited.
2.240.020 - Qualifying projects.
A. Affordable housing: Permit applications and accompanying departmental reviews for multifamily residential projects meeting at least one of the following standards:
1. The project has received a grant from the Barnes Fund for Affordable Housing, as recommended through the Metropolitan Housing Trust Commission pursuant to Section 2.149.040 of the Metropolitan Code of Laws.
2. The project participates in a federal, state, or local income-based affordable housing program.
3. The project is part of a voluntarily affordability agreement with the metropolitan government meeting affordability standards determined by the department of planning and published on the metropolitan government website. Modifications to such standards shall be published no fewer than ninety days prior to taking effect.
1. Permit applications and accompanying departmental reviews for multifamily residences meeting at least one of the following standards, based on Area Median Income (AMI):
a. Standards for single-family and two-family uses (as a percentage of total residential units):
i. At least 12.5 percent are rental at 60 percent AMI or less
ii. At least 15 percent are rental at 60 percent to 80 percent AMI
iii. At least 17.5 percent are rental at 80 percent to 100 percent AMI
iv. At least 10 percent are for-sale at 60 percent to 80 percent AMI
v. At least 15 percent are for-sale at 80 percent to 100 percent AMI
b. Standards for multi-family uses less than three stories (as a percentage of net leasable residential floor area for rental developments or residential floor area for for-sale developments)
i. At least 12.5 percent are rental at 60 percent AMI or less
ii. At least 15 percent are rental at 60 percent to 80 percent AMI
iii. At least 17.5 percent are rental at 80 percent to 100 percent AMI
iv. At least 10 percent are for-sale at 60 percent to 80 percent AMI
v. At least 15 percent are for-sale at 80 percent to 100 percent AMI
c. Multi-family uses three to six stories (as a percentage of net leasable residential floor area)
i. At least 10 percent are rental at 60 percent AMI or less
ii. At least 12.5 percent are rental at 60 percent to 80 percent AMI
iii. At least 15 percent are rental at 80 percent to 100 percent AMI
d. Multi-family uses more than six stories (as a percentage of net leasable residential floor area)
i. At least 7.5 percent are rental at 60 percent AMI or less
ii. At least 10 percent are rental at 60 percent to 80 percent AMI
iii. At least 12.5 percent are rental at 80 percent to 100 percent AMI
2. Permit applications and accompanying departmental reviews for recipients of grants or property from the Barnes Fund for Affordable Housing, as recommended through the Metropolitan Housing Trust Commission pursuant to Section 2.149.040 of the Metropolitan Code of Laws.
B. Day care:
1. Permit applications and accompanying departmental reviews for a day care center as defined in Title 17.
2.240.030 - Program administration.
A. Within six months of this Chapter’s establishment or the enactment of an amendment thereto, the department of planning, the department of transportation and multimodal infrastructure, the department of codes administration, the department of water and sewerage services, the department of waste services, and the metropolitan fire department shall develop and implement a permit prioritization process for qualifying projects listed in this Chapter.
B. The permit prioritization process includes the following permit types and related department reviews performed by the departments listed in Subsection A above:
1. permits issued pursuant to Chapter 16.28, including but not limited to master building permits, individual building permits, foundation permits, and demolition permits
2. tree removal permits
3. reviews for landscape and irrigation
4. grading permits
5. public water and sewer extension permits
6. cross-connect permits for private water and sewer service
7. reviews of traffic studies, public road improvements, curb cuts, and sidewalks
8. waste collection approvals
9. life safety reviews and sprinkler and/or riser room approvals
10. reviews of plans and building elevations for planned unit developments, overlays, or specific plan developments; plat reviews; reviews of final plat for lot creation, right-of-way dedication, and easement dedication
11. permits issued for office or construction trailers on construction sites
C. Permits for qualifying projects related to affordable housing uses, as defined in this Chapter, shall be prioritized over permits for qualifying projects related to day care uses, as defined in this Chapter.
D. If an eligible permit lacks necessary information, is incomplete, or otherwise deficient at the time it is identified for prioritized departmental review, the application shall be returned to its ordinary chronological order with no prioritization provided.
E. The process developed by the departments named in Subsection A above shall include a mechanism by which permit applicants seeking prioritization under this Chapter can affirmatively indicate such request to the reviewing department or departments. It shall be incumbent upon permit applicants seeking prioritization to so indicate.
F. Each request for prioritization shall be submitted by the applicant prior to or concurrent with plan submission or permit application. For affordable housing projects, the department of planning shall reviewed and certifyied as to whether the project meets the criteria set forth in this Chapter. For day care projects, the department of codes administration shall review and certify whether the project meets the criteria set for in this Chapter. Upon certification that a project meets the applicable criteria, the certifying department shall designate the project as such in the appropriate metropolitan government systems. Such designation shall serve as notice to all reviewing departments that the project is entitled to prioritized review. by:
1. for affordable housing projects, the department of planning.
2. for day care projects, the mayor’s office of economic and community development.
Section 2. That Ordinance No. BL2019-1491 is repealed.
Section 3. That this ordinance shall take effect from and after its passage, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.
Agenda Analysis
Analysis
This ordinance, as substituted and amended, would establish a permit and inspection prioritization program for affordable housing and day care development projects.
The proposed ordinance would add a new Chapter 2.240 to the Metropolitan Code of Laws to create a permit and inspection prioritization program. This program would provide expedited permitting and expedited final inspections for development projects for day care and affordable housing. Under the program, qualifying projects would be reviewed in advance of other applications, outside of chronological order. This would not be an expedited review process.
This ordinance would direct the Metropolitan Planning Department, the Nashville Department of Transportation and Multimodal Infrastructure, the Department of Codes and Building Safety, Metro Water and Sewerage Services, the Nashville Department of Waste Services and the Nashville Fire Department to develop and implement a prioritization process for affordable housing projects, within six months of enactment of the ordinance. These departments would create a mechanism for applicants to indicate their prioritization requests. Incomplete applications or permits would not be given priority status. Permits related to affordable housing uses would be prioritized over permits related to day care uses.
The process would apply only to: (1) applications submitted by recipients of grants or property from the Barnes Fund for Affordable Housing, (2) applications submitted by participants in a federal, state, or local income based affordability program, (3) applications submitted by participants in voluntary affordability agreements meeting standard set by the Housing Division of the Planning Commission (4) permit applications for a day care center as defined in the Metropolitan Zoning Code and (5) departmental reviews related to these applications. Permits eligible for prioritization would include:
• Any permit issued pursuant to Chapter 16.28 of the Metropolitan Code of Laws, including master building permits, individual building permits, foundation permits, and demolition permits;
• Tree removal permits issued by the Department of Codes Administration;
• Reviews for landscape and irrigation;
• Grading permits and related reviews issued by Metro Water Services;
• Public water and sewer extension permits;
• Cross-connect permits for private water and sewer service;
• Reviews of traffic studies, public road improvements, curb cuts, and sidewalks;
• Waste collection approvals;
• Life safety reviews and sprinkler and/or riser room approvals;
• Reviews of plans and building elevations for planned unit developments, overlays, or specific plan developments; plat reviews; reviews of final plat for lot creation, right-of-way dedication, and easement dedication; and
• Permits issued for office or construction trailers on construction sites.
Each request for prioritization shall be reviewed and certified as to whether the project meets the necessary criteria. The Planning Department shall review applications for affordable housing projects, and the Mayor’s Office of Economic and Community Development would review day care projects.
Ordinance No. BL2019-1491 established a permit prioritization program for certain affordable housing projects but did not codify it. This ordinance would repeal Ordinance No. BL2019-1491.