Metropolitan Nashville and Davidson County, TN - File #: BL2023-1690

• File #: BL2023-1690
• Type: Bill (Ordinance)
• Status: Passed
• File created: 1/26/2023
• In control: Metropolitan Council
• On agenda: 3/7/2023
• Final action: 3/7/2023
• Title: An ordinance amending the Metropolitan Code of Laws to establish a stormwater capacity fee.
• Sponsors: Jeff Syracuse, Kevin Rhoten, Russ Pulley

Date	Action By	Action
3/10/2023	Mayor	approved
3/7/2023	Metropolitan Council	passed on third reading as amended
3/7/2023	Metropolitan Council	amended
2/21/2023	Metropolitan Council	passed on second reading as amended
2/21/2023	Metropolitan Council	amended
2/21/2023	Transportation and Infrastructure Committee	approved
2/21/2023	Budget and Finance Committee	approved
2/7/2023	Metropolitan Council	passed on first reading
1/31/2023	Metropolitan Council	filed

title
An ordinance amending the Metropolitan Code of Laws to establish a stormwater capacity fee.
body
WHEREAS, the Department of Water and Sewerage Services ("MWS") provides to customers, developers, and others high-quality water, stormwater, and wastewater services throughout Davidson County; and,
WHEREAS, Metropolitan Code of Laws ?? 15.64.032 creates a stormwater utility to serve Nashville and Davidson County; and,
WHEREAS, Metropolitan Code of Laws ?? 15.20.045 and 15.36.040 establish water and sewer capacity fees for the purpose of funding improvements to the water and sewer systems made necessary by connections that use existing capacity within those systems; and,
WHEREAS, establishment of a capacity fee for discharges to the storm water system similarly would help fund improvements made necessary by discharges that use existing capacity in that system; and,
WHEREAS, the Downstream Development Criteria Policy shall be used as guidance for all stormwater systems serving Grading Permit sites so that engineers and developers across the Metropolitan Government of Nashville and Davidson County can adequately address downstream stormwater infrastructure; and,
WHEREAS, the amendments to Title 15 of the Metropolitan Code set forth herein are necessary for the efficient operation of the Metropolitan Government's stormwater utility and will permit the fair allocation of costs incurred by the Department in providing stormwater services in Nashville and Davidson County.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
SECTION 1. That the Metropolitan Code of Laws is hereby amended by adding a new section 15.64.035 and the following:
15.64.035 Stormwater Capacity Fee
A. Definitions:
For purposes of this Chapter:
"Impervious Area" shall mean the portion of a parcel of property that is covered by any material, including without limitation roofs, streets, sidewalks and parking lots paved with asphalt, concre...