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Resolution RS2019-85

A resolution requesting the Metropolitan Planning Commission and the Metropolitan Planning Department to amend the adopted Subdivision Regulations of the Metropolitan Government of Nashville and Davidson County to prohibit the creation of new private streets and require all new streets created as a part of the subdivision platting process to be public rights-of-way.

WHEREAS, pursuant to Tennessee Code Annotated Sections 13-3-401 and 13-4-301, and in accordance with Article 11, Chapter 5 of the Charter of the Metropolitan Government of Nashville and Davidson County, the Metropolitan Planning Commission has the sole authority to adopt subdivision regulations and exercise control over platting and/or the subdivision of land within Metro Nashville and Davidson County; and

WHEREAS, pursuant to Tennessee Code Annotated Sections 13-3-401 through 13-4-309, the Metropolitan Planning Commission is required to adopt subdivision regulations; and

WHEREAS, the adopted subdivision regulations also govern the development of streets as a part of the subdivision platting process; and

WHEREAS, private streets are currently allowed in certain, limited instances as described in Chapter 3, Section 3-9, subsection 3 of the adopted Subdivision Regulations of the Metropolitan Government of Nashville and Davidson County; and

WHEREAS, the maintenance of private streets is the responsibility of the relevant homeowners’ association (HOA) or all property owners utilizing the private street through a joint maintenance agreement; and

WHEREAS, in several instances, HOAs have failed to maintain their private streets to an adequate standard leading to a deterioration of the private street network, which has placed an undue burden on the affected neighborhood residents and the Metropolitan Government of Nashville and Davidson County.

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

Section 1. That the Metropolitan Council hereby requests that the Metropolitan Planning Commission and the Metropolitan Planning Department to amend the adopted Subdivision Regulations of the Metropolitan Government of Nashville and Davidson County to prohibit the creation of new private streets and require all new streets created as a part of the subdivision platting process to be public rights-of-way.

Section 2. The Metropolitan Clerk is directed to send a copy of this Resolution to the Director of the Metropolitan Planning Department and to the Chairman of the Metropolitan Planning Commission.

Section 3. This Resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsor(s)

Tanaka Vercher

Legislative History

Referred toPlanning, Zoning, and Historical Committee

IntroducedNovember 5, 2019

Deferred to November 19, 2019November 5, 2019

Deferred to December 17, 2019November 19, 2019

Adopted-

Approved-

By-

Next ConsiderationDecember 17, 2019

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

Last Modified: 11/25/2019 9:09 AM