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An ordinance amending Chapter 17.28 of the Metropolitan Code of Laws to amend regulations on underground utilities (Proposal No. 2026Z-010TX-001).
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BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That Subsection 17.28.103.A of the Metropolitan Code of Laws is hereby amended by deleting it in its entirety and replacing it with the following:
A. Applicability. These standards shall apply to any application for development submitted to the metropolitan government for approval, wherein a new public or private street is to be constructed now or in the future, or where an existing public or private stub street, is to be extended, as follows:
1. Any application for a new or amended preliminary planned unit development;
2. Any new or amended preliminary SP plan;
3. Any new or amended preliminary urban design overlay district; or
4. Any new or revised preliminary subdivision plat; and in the case of a proposed revised preliminary plat, these provisions shall only apply to those plats deemed to be a major modification by the executive director of the metro planning department, as provided in the Subdivision Regulations.
5. Parking areas, driving aisles within parking areas, and private highway-rail grade crossings are not included in the definition of ‘private street.’
Section 2. That Subsection 17.28.103.B of the Metropolitan Code of Laws is hereby amended by inserting the following and renumbering subsequent sections:
B. Any costs associated with development pursuant to Section 1.A. shall not be borne by any metropolitan agency or department.
Section 3. That Subsection 17.28.103.C of the Metropolitan Code of Laws is hereby amended by inserting the following and renumbering subsequent sections:
C. The standards affecting nonresidential development shall apply to any application for development submitted to the metropolitan government for approval after January 1, 2027.
Section 24. 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 35. This Ordinance shall take effect upon publication of the above said notice, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.
Agenda Analysis
Analysis
This ordinance, as substituted, amends Subsection 17.28.103.A of the Metropolitan Code of Laws to require underground utilities for the following developments that propose new public or private streets:
• Any application for a new or amended preliminary planned unit development
• Any new or amended preliminary SP plan
• Any new or amended preliminary urban design overlay district
• Any new or revised preliminary subdivision plat; and in the case of a proposed revised preliminary plat, these provisions shall only apply to those plats deemed to be a major modification by the executive director of the metro planning department, as provided in the Subdivision Regulations.
As substituted, parking areas, driving aisles within parking areas, and private highway-rail grade crossings are not included in the definition of ‘private street.’
Any costs associated with development pursuant to this law would not be borne by the Metropolitan Government. The standards affecting nonresidential development shall apply to any application for development submitted approval after January 1, 2027.
Currently, the Code only requires underground utilities for residential developments proposing new public or private streets. The ordinance proposes to expand this underground utility requirement to all developments, regardless of land use classification.
This item was approved by the Planning Commission with a substitute at its June 25, 2026, meeting (6-0).