An Ordinance establishing a Public Stormwater Quality Project Fund to implement projects that benefit stormwater runoff quality and approving the Metropolitan Department of Water and Sewerage Services’ regulations governing the payment into the Public Stormwater Quality Project Fund for development projects unable to comply with existing water quality standards.
WHEREAS, the Metropolitan Government deems it necessary for stormwater regulations to require Grading Permit sites to provide post-construction stormwater quality and quantity control measures to prevent community impacts.
WHEREAS, the Metropolitan Government holds a National Pollutant Discharge Elimination System Municipal Separate Storm Sewer System permit (the “Permit”) issued by the state of Tennessee that is managed by the Department of Water and Sewerage Services (MWS); and,
WHEREAS, as required by the Permit, the Metropolitan Government’s stormwater regulations require developers to meet certain standards (the “Standards”) related to water quality; and,
WHEREAS, size, topography, current and/or previous use(s), existing conditions, and other characteristics preclude some otherwise developable sites (“Limited Sites”) from complying fully with the Standards; and,
WHEREAS, for Limited Sites, the Permit authorizes the Metropolitan Government to accept payment into a Public Stormwater Quality Fund of a fee towards the implementation of stormwater quality projects by development projects that cannot fully comply with the Standards; and,
WHEREAS, creation of a Public Stormwater Quality Project Fund and acceptance of payment instead of full compliance with the Standards, as contemplated by the Permit, would benefit the citizens of Nashville and Davidson County and community resources by improving local water quality resources.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. A Public Stormwater Quality Project Fund is hereby established for the purposes of receiving payments contemplated by this Ordinance, to be used exclusively for the implementation of stormwater projects designed to reduce pollutants in and the quantity of storm water runoff in Metro Nashville.
Section 2. That the Metropolitan Department of Water and Sewerage Services’ regulations developed in compliance with the requirements of the Permit specifying: (a) criteria for determining whether a development project cannot meet applicable standards for stormwater runoff reduction and pollutant removal and are eligible to pay into the Public Stormwater Project Fund; and (b) a means of calculating the applicable payment, attached hereto and incorporated herein (Exhibit 1), are hereby approved.
Section 3. That amendment to this legislation may be approved by resolution.
Section 4. This ordinance shall take effect from and after its final passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.
Freddie O'Connell, Kevin Rhoten
IntroducedJuly 2, 2019
Passed First ReadingJuly 2, 2019
Referred toBudget and Finance Committee
Public Works Committee
Passed Second ReadingJuly 16, 2019
Passed Third ReadingAugust 6, 2019
ApprovedAugust 7, 2019
Requests for ADA accommodation should be directed to the Metropolitan Clerk at 615-862-6770.
Last Modified: 08/12/2019 12:34 PM