SUBSTITUTE BILL NO. SO98-1120
A SUBSTITUTE ORDINANCE AMENDING TITLE 13 OF THE METROPOLITAN CODE OF LAWS TO ADD A NEW CHAPTER 13.10 ESTABLISHING CRITERIA FOR ACCEPTANCE OF PRIVATE ROADS.
WHEREAS, there presently exists within the borders of Davidson County a number of privately owned and privately built roads; and
WHEREAS, under certain conditions, it is in the best interest of the Metropolitan Government to accept such roads and maintain them as public roads, when properly dedicated to the Metropolitan Government; and
WHEREAS, it is in the best interest of the Metropolitan Government to establish uniform standards and criteria governing eligibility of such private roads for acceptance by the Metropolitan Government.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:Section 1:Title 13 of the Metropolitan Code of Laws is hereby amended by adding a new Chapter 10.13 as follows:
ACCEPTANCE OF PRIVATE ROADS
Section 13.10.010 Criteria for accepting private roads.
A.From the effective date of this Ordinance, privately owned roads may be accepted by ordinance only if the Director of the Department of Public Works certifies that such roads satisfy the following criteria:
1. An adequate right-of-way, minimum width of 15 meters (50 feet), is properly dedicated and recorded by plat to the Metropolitan Government, free of all encumbrances.
2. A level roadway pavement course, constructed of at least 150 mm (6 inches) of compacted, stone base and 7.0 meters (22 feet) in width, must be in place and in good condition.
3. Adequate drainage facilities in place to maintain safe vehicular travel conditions.
4. As-built plans certified as to location by a Registered Land Surveyor and as to design and construction by a Professional Engineer must be submitted and approved by the Department of Public Works prior to acceptance of the road.
5. The road must be a minimum of 182 meters (600) feet in length.
6. The road must serve a minimum of six (6), and a maximum of twenty (20) residences; and all such residences must be single family homes or duplexes.
7. The road must meet design standards for "local rural roads" specified in the edition of the "Policy on Geometric Design of Highways and Streets" of the American Association of State Highway and Transportation Officials current as of the date of acceptance of the road by the Metropolitan Government.
8. The road must have one, and only one, terminus on an existing public road as of the date of acceptance.
9. The road must be in existence and its location must be on file in the office of the Director of Public Works as of the effective date of this ordinance.
10. Development of property adjacent to roads accepted pursuant to this section beyond the limits specified in Subsection 6 without the approval of the Director of the Department of Public Works is prohibited. Approval shall be contingent upon a finding by the Director that such further development is consistent with the health, safety and welfare of the citizens of Davidson County and consistent with acceptable engineering standards of practice.
11. No public or private road may be connected to a road accepted pursuant to this ordinance without the approval of the Director of the Department of Public Works. Approval shall be contingent upon a finding by the Director that such connection is consistent with the health, safety and welfare of the citizens of Davidson County and consistent with acceptable engineering standards of practice.
Section 13.10.020 Appropriation of Public Funds Prior to Road Acceptance.
No private road may be accepted as a public road by the Metropolitan Government until funds adequate for its maintenance, and for placement of appropriate signage, shall have been appropriated.
Section 13.10.030 Findings by the Metropolitan Council Prior to Road Acceptance.
Satisfaction of the criteria herein established shall not create a right to have a private road accepted as a public road by the Metropolitan Government. Acceptance shall require an affirmative finding by the Metropolitan Council that (a) it is in the best interest of the Metropolitan Government to accept the road and (b) that the requirements of Section 3 of this ordinance have been satisfied. The criteria set forth in Section 13.10.010 do not constitute a design standard for new roads and do not replace existing Department of Public Works road standards.
SECTION 2: Should any provision of this ordinance be declared to be invalid by any court of competent jurisdiction, such provision shall be severed and shall not affect the validity of the remaining provisions of this ordinance.
SECTION 3: This ordinance shall take effect from and after its passage, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.
Sponsored By: Earl Campbell