Metropolitan Nashville and Davidson County, TN - File #: RS2023-133

• File #: RS2023-133
• Type: Resolution
• Status: Withdrawn
• File created: 12/12/2023
• In control: Transportation and Infrastructure Committee
• On agenda: 1/16/2024
• Final action: 1/23/2024
• Title: A resolution amending Ordinance No. BL2023-1690, as amended, to provide a stormwater capacity fee appeal process and to amend the applicability of the new section 15.64.035 of the Metropolitan Code.
• Sponsors: Sheri Weiner, Burkley Allen

Date	Action By	Action
1/23/2024	Metropolitan Council	withdrawn
1/23/2024	Transportation and Infrastructure Committee	recommended for withdrawal
12/19/2023	Metropolitan Council	deferred
12/19/2023	Metropolitan Council	amended
12/18/2023	Transportation and Infrastructure Committee	approved
12/18/2023	Budget and Finance Committee	approved
12/12/2023	Metropolitan Council	filed

title
A resolution amending Ordinance No. BL2023-1690, as amended, to provide a stormwater capacity fee appeal process and to amend the applicability of the new section 15.64.035 of the Metropolitan Code.

body
WHEREAS, Ordinance No. BL2023-1690, adopted by the Metropolitan Council on March 7, 2023, created section 15.64.035 of the Metropolitan Code of Laws to provide for a Stormwater Capacity Fee; and

WHEREAS, Ordinance No. BL2023-1690 was amended by Resolution RS2023-2278 to extend the effective date to October 1, 2023 and further amended by Resolution RS2023-2388 to extend the effective date to January 1, 2024; and

WHEREAS, it is now desired to amend Ordinance No. BL2023-1690 before its effective date to amend the new Metropolitan Code regarding an appeal process and applicability.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That Section 1, 15.64.035.G of Ordinance No. BL2023-1690, as amended, is amended by deleting the section in its entirety and replacing it with the following:

G. Applicability
The provisions of this section shall apply to properties located within Davidson County, excluding satellite cities and single-family, two-family, and residential multi-family projects in the MS-4 area. The provisions of this section shall not apply to infill lots.

Section 2. That Section 1, 15.64.035 of Ordinance No. BL2023-1690, as amended, is amended by adding the following new subsection:

I. Appeal.

The stormwater capacity fee amount for any project may be appealed to a single engineering firm (the "reviewer") selected by the developer from a list of contracted engineering firms approved by the Metropolitan Government. Any appeal will be limited to a review of the fee calculation based on the square footage calculation provided by the developer and a review of the calculation determination by the Metropolitan Government. The decision of the reviewer shall be final.

Section 3. T...