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An ordinance to amend Section 15.64.170 of the Metropolitan Code of Laws regarding development of athletic fields within floodways.
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WHEREAS, Section 15.64.170 of the Metropolitan Code of Laws provides that no new structure may be constructed within the floodway in Nashville and Davidson County, with multiple exceptions provided for public infrastructure and other essential amenities designed to have no adverse impact on the floodway; and
WHEREAS, Section 15.64.170 further provides that the Stormwater Division of the Department of Water and Sewerage Services may allow certain types of structures to be constructed in the floodway, consistent with the provisions of the Stormwater Management Manual, including athletic fields; and
WHEREAS, maintaining restrictions on development within floodways is critical to promoting public safety, mitigating flood risks, and ensuring long-term flood resilience; but narrowly tailored exceptions for existing outdoor recreational facilities can be accommodated without compromising these objectives; and
WHEREAS, the definition of "athletic fields" was amended in April 2024 to clarify that such fields must be located on public land or at educational facilities; and
WHEREAS, upon further reflection, it is in the public interest to allow existing outdoor recreational facilities that operate as outdoor athletic fields to make limited improvements consistent with the provisions of the stormwater management manual, provided that the improvements are designed and engineered, in such a manner so as to have no adverse impact on floodway.
NOW THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That Section 15.64.170 of the Metropolitan Code of Laws is hereby amended by deleting subsection B.f. in its entirety and replacing it with the following:
f. Athletic fields
i. Athletic fields and existing pervious outdoor recreational training facilities used for public or private recreational purposes, including facilities associated with such recreational areas such as dugouts, bleachers, concession stands, storage buildings, pavilions or other roof systems without walls, and other similar structures or facilities.
ii. For the purposes of this section, "athletic field" means pervious, natural land used for recreational purposes by members of the general public on public land or at educational facilities, such as soccer fields, football fields, golf courses, driving ranges, or baseball diamonds. "Athletic field" does not mean an athletic facility composed of impervious material, such as tennis courts, basketball courts, or fields with artificial or synthetic grass.
iii. "Athletic field" shall also include existing, privately owned, outdoor commercial facilities located on public or privately owned land, provided that:
1. The athletic field and appurtenances thereto existed prior to April 1, 2025,
2. Any such structure complies with Metro Stormwater Management Manual requirements for flood elevation, and
3. Any modifications to or reconfiguration of any such structure shall not increase the total impervious surface area beyond the total impervious surface area pre-existing within the floodway as of April 1, 2025.
Section 2. This ordinance shall take effect from and after its final passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.