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An ordinance amending certain access management sections of Chapters 13.12 and 17.20 of the Metropolitan Code of Laws to implement the Access Management Manual, which compiles regulations and guidelines for access from private property to the public rights-of-way to modernize the development review process and make streets safer for all modes of transportation (Proposal No. 2025Z-014TX-001).
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WHEREAS, in an effort to implement and achieve the Metropolitan Government’s transportation goals, the Nashville Department of Transportation and Multimodal Infrastructure (NDOT) has been working with stakeholders to modernize the development review process; and,
WHEREAS, as part of this modernization of the development review process, NDOT has created the Access Management Manual (“Manual”) to help plan for new development throughout the county through the implementation of access management requirements, guidelines, and standards that reduce conflict points, improve public safety, and support the buildout of an efficient transportation network; and,
WHEREAS, as set forth in the Manual attached hereto, NDOT has leveraged up-to-date industry research, peer city best practices, and technical standards from leading professional organizations to devise the regulations and guidelines set forth therein; and,
WHEREAS, the Manual is also consistent with Transportation Improvement Program (“Choose How You Move”), WalknBike Nashville, the Vision Zero Action Plan and Implementation Plan, Access 2040, NashvilleNext, Connect Downtown, Metro Nashville’s Community Plans, and other transportation analyses adopted by NDOT and other Metro Departments; and,
WHEREAS, NDOT wishes to amend certain sections of Chapters 13.12 and 17.20 of the Metro Code to update the development review process and implement the Manual; and,
WHEREAS, NDOT wishes to codify NDOT’s authority to update access regulations in the form of the Manual; and
WHEREAS, modernizing the development review process to create a safer transportation network is in the best interest of the people of Metropolitan Nashville and Davidson County.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That Chapter 13.12 of the Metropolitan Code of Laws section is hereby amended by deleting it in its entirety and replacing it with the following:
13.12.010 - Driveway and access defined.
The term "driveway" or “access” as used in this chapter, means any portion of the normal sidewalk area -including grass plot, curb, gutter, and sidewalks -of the streets, roadways, and alleys of the metropolitan government intended for use by vehicles as a means of ingress and egress between the public right-of-way and abutting property.
13.12.020 - Director Authority to promulgate Access Management Manual and Manual defined.
A. The Director of the department of transportation and multimodal infrastructure (NDOT), with the approval of the mayor, is authorized to make reasonable and proper rules, regulations, and technical guidelines as may be necessary to establish driveway and access requirements between abutting property and the public right-of-way. All proposed amendments to any rules, regulations, or guidelines shall be posted on the metropolitan government’s website for at least 30 days and final versions of all rules, regulations and guidelines shall be filed with the metropolitan clerk.
B. The NDOT Access Management Manual (“Manual”) sets forth the metropolitan government’s policy for all driveway requirements for new and infill land development. The Manual also details best practices for access design. Access constructed on public rights-of-way in the area of the metropolitan government shall comply with the requirements and standards set forth within the Manual.
13.12.030 - Waiver of Access Management Requirements.
Any request to waive or deviate from the Manual’s requirements shall be made by a property owner or their representative in writing to NDOT using the process described in the access waiver form section of the Manual. The request for a waiver must be submitted to and approved by NDOT’s chief engineer, or his/her designee, prior to any official site plan submittals to the metropolitan planning department and prior to any official site plan submittals for a building permit application. A waiver from the Manual’s requirements may be granted when reasonable site access cannot be achieved under the existing standards. To qualify, a property owner must demonstrate through the access waiver form that the proposed access point is essential for reasonable access to the site and will not significantly impact the transportation system or safety. In such cases, deviation from the Manual’s requirements may be warranted to ensure reasonable access to the property.
13.12.040 - Applications-Appeals.
A. All appeals of NDOT denials of driveway applications and requests for access management waivers (via the NDOT access waiver form) shall be made in writing to the traffic and parking commission.
B. Appeals of driveway application and request for access management wavier denials may be made only after a driveway application or request for access management waiver has been denied by NDOT. The appeal request to the traffic and parking commission must include a completed access waiver form and the associated NDOT response page, completed, and signed.
C. Once such an appeal is made to the traffic and parking commission, traffic and parking commission staff shall place the appeal on the next eligible agenda for a regular meeting of the commission.
Section 2. That Section 17.20.130 of the Metropolitan Code of Laws is hereby amended by adding a new subsection F as follows:
F. Lot requirements for off-street loading docks.
1. Maneuvering area shall be provided entirely on private property for all vehicles using loading docks or doors.
2. The loading dock or door shall be set back far enough from the public right-of-way so that no portion of the public right-of-way is occupied by trucks or other vehicles while loading or unloading.
3. The minimum setback for a loading dock or door shall be forty-five feet from the right-of-way. Where tractor-trailer units will be using the facility, the minimum setback shall be sixty-five feet.
4. For any proposed parking pattern which provides for parking headed into the side property lines at any angle other than ninety degrees, driveways will be approved, subject to all other conditions of this chapter, only if proper one-way operation of the parking area is provided.
Section 3. That Section 17.20.150 of the Metropolitan Code of Laws is hereby amended by deleting it in its entirety and replacing it with the following:
17.20.150 - Access Management Manual defined.
The department of transportation and multimodal infrastructure (NDOT) Access Management Manual (“Manual”) sets forth the metropolitan government’s policy for all driveway requirements for new and infill land development. The Manual also details best practices for access design. Access constructed on public rights-of-way in the area of the metropolitan government shall comply with the requirements and standards set forth within the Manual.
Section 4. That Sections 17.20.160 through 17.20.190 of the Metropolitan Code of Laws are hereby deleted in their entireties.
Section 5: The Metropolitan Clerk is directed to publish a notice announcing such change in a newspaper of general circulation within five days following final passage.
Section 6: This Ordinance shall take effect upon publication of above said notice announcing such change in a newspaper of general circulation, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.