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An ordinance to amend Title 15 of the Metropolitan Code of Laws relative to infrastructure investment for offsite construction.
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WHEREAS, the increasing cost of housing construction is not slowing; and
WHEREAS, Section 2.01 of the Charter of The Metropolitan Government of Nashville and Davidson County grants to such government the power to provide for the creation, maintenance, building, purchase and operation of a public water system, and Chapter 5 of Article 8 of the Charter of the Metropolitan Government designates the Department of Water and Sewerage Services as the department responsible for the construction, operation, and maintenance of all water and sanitary sewer facilities; and
WHEREAS, infrastructure repair, replacement, and improvement are needed throughout Nashville and Davidson County; and
WHEREAS, the Metropolitan Government of Nashville & Davidson County lacks a clear, reasonable, and objective policy relative to infrastructure investment agreements between developers and the Metropolitan Government of Nashville & Davidson County for offsite construction; and
WHEREAS, in Knight v. Metropolitan Government of Nashville and Davidson County, the Sixth Circuit Court of Appeals held that there must be a nexus and a rough proportionality of the conditions imposed for the issuance of permits; and
WHEREAS, it is beneficial for developers to contribute to the infrastructure installation of the community sewer and water system in Metro Nashville and Davidson County to improve quality of life for residents; and
WHEREAS, it is necessary for offsite construction to be subject to clear, reasonable, and objective policies for infrastructure investment agreements and for ratepayers to share in the burden the cost of infrastructure installation, improvements, and maintenance as reflected in Chapter 5, Article 8 of the Charter of the Metropolitan Government of Nashville and Davidson County.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METRO...
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