An Ordinance adding a new Chapter 10.90 to the Metropolitan Code of Laws to authorize the acceptance of incomplete infrastructure for public completion and maintenance under limited circumstances in the interest of public health and safety.

WHEREAS, the Metropolitan Council recognizes that the downturn in the national housing market caused residential developments to fail throughout the United States; and,

WHEREAS, the insolvency of a number of residential developers doing business in Davidson County has in some instances resulted in developments being abandoned prior to completion of necessary infrastructure intended for dedication to public use; and,

WHEREAS, the incomplete infrastructure may create unhealthy or unsafe conditions for residents of those developments; and,

WHEREAS, roads, streets, sidewalks and water, sewer and storm water infrastructure shown on plats approved by the metropolitan planning commission constitute offers to dedicate for public use that can be accepted by action of the metropolitan council; and,

WHEREAS, creating a process under which the incomplete infrastructure may be accepted for public completion and maintenance, together with supporting property interests, will improve public health and safety.


Section 1. That Title 10 of the Code of The Metropolitan Government of Nashville and Davidson County, Health Safety Regulations, is hereby amended by adding a new Chapter 10.90, reading as follows:

10.90.010 – Completion of Necessary Public Infrastructure - Notwithstanding any other provision of the Metropolitan Code of Laws, the metropolitan council may accept by resolution currently incomplete roads, streets, sidewalks, water and sewer lines, storm water lines, associated structures, other infrastructure, and related property interests designated on final plats for subdivisions approved by the planning commission with the following provisions:

A. An application to have such public infrastructure and/or property rights accepted is filed with the planning department by a member of the metropolitan council or the director of the department of public works, department of water and sewage, health department, fire department, police department, planning department, codes administration or such director’s designee; and,
B. The department of public works, department of water and sewage and department of finance shall review the application and make recommendations to the planning department to be included in the recommendation to the metropolitan council; and,
C. The recommendation must state the reasons why the incomplete infrastructure presents a public health or safety concern in its present condition, specifically identify the infrastructure that must be completed in order to abate the health or safety concern, and state what characteristics make it unlikely that the infrastructure will be completed within a reasonable time by any private entity; and,
D. The incomplete infrastructure and/or property interests to be accepted must have be shown on a subdivision plat approved by the metropolitan planning commission, or construction plans/drawings approved by the relevant metropolitan agency between November 23, 1999 and January 17, 2008 as dedicated for public use or as part of the storm water management system.

10.90.020 – Completion Using Public Funds - Upon the metropolitan council’s approval of a resolution filed under this Chapter, infrastructure identified in the resolution and supporting documents reflecting the property interests shall be deemed the property of the metropolitan government. When the property is identified in the metropolitan government’s capital improvements budget and funds are appropriated for its completion, the department of public works or department of water and sewerage services shall promptly complete or arrange for the completion of the infrastructure.

10.90.030 – Sunset - The provisions of this Chapter shall expire and be of no further force and effect as of July 1, 2014, unless extended by resolution of the metropolitan council.

Section 2. That this Ordinance shall take effect five (5) days from and after its final passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Phil Claiborne, Walter Hunt, Sean McGuire, Robert Duvall


Introduced: December 20, 2011
Passed First Reading: December 20, 2011
Referred to: Budget & Finance Committee
Public Works Committee
Planning & Zoning Committee
Passed Second Reading: January 17, 2012
Passed Third Reading: February 7, 2012
Approved: February 9, 2012