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Resolution RS2019-14

A resolution granting the Metropolitan Department of Water and Sewerage Services authority to enter into Memorandum of Understandings with Metro departments for ongoing maintenance of stormwater control measures on Metro property and exempting Metro departments from the requirement of recording Long Term Maintenance Agreements.

WHEREAS, the Metropolitan Department of Water and Sewerage Services (“MWS”) manages Metro’s MS4 NPDES permit that requires the installation of post-construction stormwater control measures (“SCMs”) on new development and significant redevelopment sites; and,

WHEREAS, MWS approves the Grading Permit applications that contain SCMs; and,

WHEREAS, currently MWS requires property owners, including Metro departments, to enter into a Long Term Maintenance Plan with MWS for SCMs, which are recorded with the Davidson County Register of Deeds, to ensure the post-construction SCMs are properly maintained on new development and significant redevelopment sites; and,

WHEREAS, pursuant to Metro Code Section 2.206.010 the Metropolitan Government of Nashville and Davidson County and all of its various departments, agencies, boards and commissions must comply with all provisions of the Metropolitan Code, unless they are exempt from compliance by resolution requiring twenty-one votes of the metropolitan council for just cause; and,

WHEREAS, currently, Metro Departments are required to record the Long Term Maintenance Plan for each grading permit with the Davidson County Register of Deeds; and,

WHEREAS, entering into one Memorandum of Understanding (“MOU”) with Metro Departments in lieu of requiring each Long Term Maintenance Plan to be recorded at the Davidson County Register of Deeds for each SCM would provide for a more efficient process, in that each Metro department would enter into a single MOU outlining their SCM maintenance obligations, with an updated exhibit list identifying each SCM requiring maintenance; and,

WHEREAS, instead of the individual departments inspecting the SCMs, MWS’ NPDES inspectors, who are well trained and experts on the subject matter, will be responsible for inspecting and reporting maintenance needs to the various departments; and,

WHEREAS, while MWS’ NPDES inspectors will perform the inspection and report maintenance needs, the various Metro Departments entering into MOUs with MWS will remain responsible for any and all costs associated with the ongoing maintenance of their SCMs; and,

WHEREAS, just cause exists for granting MWS the authority to enter into Memorandum of Understandings with Metro departments for ongoing maintenance of stormwater control measures on Metro property, and exempting Metro Departments from the requirement of recording the Long Term Maintenance Plan agreements with the Davidson County Register of Deeds.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That the Metropolitan Department of Water and Sewerage Services is authorized to enter into Memorandum of Understandings with Metro departments for ongoing maintenance of stormwater control measures on Metro property, and such Metro departments are exempt from the requirement of recording Long Term Maintenance Plans with the Davidson County Register of Deeds.

Section 2. Metro departments entering into Memorandum of Understandings with the Metropolitan Department of Water and Sewerage Services will remain responsible for any and all costs associated with the ongoing maintenance of their respective stormwater control measures.

Section 3. Amendments to this legislation shall 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.

Sponsor(s)

Freddie O'Connell

Related Documents

Legislative History

Referred toPublic Works Committee

IntroducedOctober 1, 2019

AdoptedOctober 1, 2019

ApprovedOctober 2, 2019

By:Mayor Cooper's signature

Requests for ADA accommodation should be directed to the Metropolitan Clerk at 615-862-6770.

Last Modified: 10/10/2019 7:54 AM