§ 13.20.030. Permit.

A.

Permits shall be issued by the director to any person qualified under Section 13.20.050 of the metropolitan code, meeting all other requirements of this chapter, and upon receipt of the appropriate permit fee.

B.

In connection with the issuance of a permit under this chapter, the director shall have the authority to close temporarily or to authorize temporary closure of any street, road, alley, sidewalk, or any other public way or part thereof when, in the director's opinion, the closing is necessary. No public way shall be closed for any purpose without first obtaining a permit from the director.

C.

In connection with the issuance of a permit under this chapter, the director may install, or may require installation and maintenance of, traffic-control devices. Such devices and their placement shall meet the requirements of the latest edition of the Manual for Uniform Traffic Control Devices (MUTCD). The director shall adopt rules and standards with regard to this requirement, particularly as to safe accommodation for cyclists and pedestrians, including accessibility for disabled persons, and make compliance therewith a condition upon the issuance of a permit under this chapter. For permits with a duration exceeding twenty days, the permit applicant shall submit a temporary traffic control plan to the director.

D.

Excavation Permits.

1.

Each separate excavation shall require a permit. Excavated areas of up to five square meters (six square yards) of surface area shall constitute an excavation. Trench excavations running parallel to traffic shall require a permit for each fifty linear feet. The fee for excavation permits shall be fifty-five dollars each, except within the right-of-way permit high impact area, where the fee shall be one hundred dollars for each permit (up to fifty linear feet). Any excavation permit requested and issued involving roadway pavement on any roadway that has been newly constructed or resurfaced within the past five years in addition to the other fees provided in this section shall require the payment of a pavement assessment fee. The pavement assessment fee shall be equal to five hundred dollars plus twenty percent of the cost to restore the excavation per existing pavement restoration specifications of the department of public works. The cost shall be based on the average cost of similar work performed by metro in the previous year and shall be updated annually by the director of public works. Each year on or about January 1st, the director of public works shall publish the pavement assessment fee. For the purposes of this section, the phrase "right-of-way permit high impact area" shall mean the area bounded as follows: Beginning at the intersection of I-65 North and Briley Parkway, thence; in an easterly and then in a southerly direction along Briley Parkway, to I-40 east of Nashville. Thence; continuing with Briley Parkway in a southerly then westerly direction, to I-24 south of Nashville. Thence; along Thompson Lane in a westerly direction, to I-65 south of Nashville. Thence; along Woodmont Boulevard in a westerly direction, to Harding Pike (HWY 70 S). Thence; along White Bridge Road in a northerly direction, to I-40 west of Nashville. Thence; along Briley Parkway in a northerly and then easterly direction to the point of beginning at I-65 north of Nashville.

2.

All excavation restoration will be the responsibility of the permittee and shall conform to the specifications of the department of public works; and shall be subject to the approval of the director of public works.

E.

Obstruction Permits.

1.

Permits shall be issued for temporary obstructions only. Permanent obstructions are prohibited. Except as hereinafter provided, the fee for an obstruction permit shall be fifty-five dollars per day per location.

2.

The fee to place a trailer or dumpster in the public right-of-way is ten dollars per day, not to exceed two thousand dollars per year, per location.

F.

Permit Fees for Parking Meter Occupancy. When an excavation or obstruction prevents the use of parking spaces regulated by meter, a parking meter occupancy fee shall be paid by the permittee in accordance with rates established by the traffic and parking commission.

G.

Right-of-Way Temporary Closure Permits and Fees. In addition to any other fees required by this chapter, permits requiring the temporary closure of the metropolitan government's rights-of-way shall be subject to the following fees: The fee for closure permits shall be fifty-five dollars for five or less days, except within the right-of-way permit high impact area, where the fee shall be one hundred dollars for five or less days. Closures for longer than five days will be charged at the rate of ten dollars per day except within the right-of-way high impact area, where closures for longer than five days will be charged at the rate of twenty dollars per day. Closures in excess of ninety days are prohibited unless approved by the director. Fees for inspection services for special events and parades shall be charged based on time required at the rate of fifty dollars per hour, per inspector.

H.

Waiver. Fees may be waived by the director for the following:

1.

Metro departments performing roadway or roadway feature related maintenance, repair or construction;

2.

Activities of federal, state or local governments;

3.

When the director finds that it is necessary to close the public way for the immediate protection of public safety.

(Res. RS2016-391 §§ 1, 2, 2016; Ord. BL2016-240 § 1, 2016; Ord. BL2016-235 §§ 1—3, 2016; Ord. BL2004-260 §§ 1—8, 2004; Ord. 97-785 § 1 (part), 1997)