Rutherford County approves ordinance to allow third‑party traffic‑study reviews, shifts review costs to developers

Rutherford County Board of Commissioners · November 14, 2024

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Summary

The county commission voted Nov. 14 to amend its zoning ordinance (ORD24‑004) to allow third‑party traffic engineering reviews paid for by applicants, citing staff need for outside technical expertise while retaining the commission's final authority.

Rutherford County commissioners on Nov. 14 approved an amendment to the county zoning ordinance to authorize third‑party review of traffic studies, with any fees to be paid by the applicant.

Planning Director Doug DeMasi told the commission the change would allow the county to contract with an outside traffic engineer to review methodologies and assumptions in developer‑submitted traffic studies. "We're looking at, first of all, the technical aspect of it," DeMasi said, adding the outside consultant would also help evaluate regulatory requirements and advise staff.

Supporters said the amendment is a technical tool, not a transfer of decision‑making authority. DeMasi said the third‑party review "does not override any existing authority of either the planning commission or the board of commissioners." Commissioners pressed staff and legal counsel about cost, timing and liability if the governing body chose to require improvements (such as turn lanes) that a consultant did not recommend. DeMasi said typical third‑party review time would be about "2 to 3 weeks" after a study is submitted and that any costs would be borne by the applicant.

Commissioner concerns focused on whether the county should create clear triggers or thresholds (for example, house count or traffic volume) that would automatically require studies or specific mitigation. Some commissioners urged a separate, broader update to traffic‑study regulations after adopting this limited amendment. The planning commission had recommended the change unanimously earlier in the process.

The motion to adopt ORD24‑004 carried by voice vote.

What happens next: staff said the county will work with the third‑party consultant to craft specific changes to the zoning and subdivision regulations and bring further amendments back to the planning commission and the full board for review.

Provenance: topicintro — SEG 782 evidence_excerpt: "The county recently signed a contract with Neil Schafer to provide traffic engineering services including third party review of traffic studies." reason_code:topicintro; topfinish — SEG 1243 evidence_excerpt: "Motion to approve carries." reason_code:topicfinish

Speakers quoted or referenced: Doug DeMasi (Planning Director) — first reference SEG 699; Nick (county attorney) — first reference SEG 880; Commissioner Piercey — first reference SEG 1141.

Topics: traffic studies; zoning ordinance; planning procedure.