1670-08-01-.05
Temporary Closures And Exceptions
Cite as Tenn. Comp. R. & Regs. 1670-08-01-.05
(1)
Permitted Temporary Closures. Notwithstanding the general prohibition on blocking streets or
rights-of-way set forth in Rule 1670-08-01-.04, a local government or state agencies with
jurisdiction may temporarily prohibit ingress or egress or block streets or other rights-of-way
into or within a tourism development zone under the following circumstances:
(a)
Emergencies: For purposes of providing exclusive access to first responders during an
emergency;
(b)
Permitted Events: For an event permitted by the local government to an event operator
or event promoter;
(c)
Construction and Infrastructure Work: For construction, maintenance, repair, or
improvement of public or private infrastructure, buildings, or utilities, including activities
authorized through a local government permitting process; or
(d)
Rule-Based Closures: In accordance with applicable standards and procedures
prescribed in this Chapter 1670-08-01.
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CHAPTER 1670-08-01
(2)
Emergency Closures.
(a)
Authority: Local governments, state agencies with jurisdiction and first responders may
immediately close streets, rights-of-way, or public areas within a tourism development
zone when necessary to respond to an emergency.
(b)
Notification: When practicable, the local government and state agencies with jurisdiction
shall provide advance notice to affected businesses and the public through electronic
communication, signage, or other appropriate means.
(c)
Duration: Emergency closures shall remain in effect only for the duration necessary to
address the emergency and restore public safety.
(d)
Reopening: Streets and rights-of-way shall be reopened to normal traffic as soon as the
emergency has been resolved and it is safe to do so.
(3)
Permitted Event Closures.
(a)
Permit Requirement: Any closure of streets or rights-of-way for an event must be
authorized by a valid permit issued by the local government to an event operator or event
promoter.
(b)
Application Requirements: An application for a permit authorizing street or right-of-way
closure shall include:
1.
The name and contact information of the event operator or promoter;
2.
A detailed description of the event, including the type of event, expected
attendance, and planned activities;
3.
The proposed date, start time, and end time of the event and any associated
closures;
4.
A map or diagram showing the specific streets, rights-of-way, or public areas
proposed to be closed;
5.
A traffic management plan detailing alternate routes, detour signage, and
measures to minimize disruption to businesses and residents;
6.
An emergency action plan;
7.
Evidence of liability insurance in amounts required by the local government; and
8.
Any other information required by local ordinance or regulation.
(c)
Notice to Businesses: The local government shall require the event operator or promoter
to provide written notice of the proposed closure to all businesses within the affected
area not less than fourteen (14) calendar days before the event, except in cases where
the local government determines that a shorter notice period is appropriate.
(d)
Business Access Plan: The permit application shall include a plan for maintaining
reasonable access to businesses during the event, including provisions for:
1.
Pedestrian access to business entrances;
2.
Delivery of goods and services during non-peak event hours;
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CHAPTER 1670-08-01
3.
Parking alternatives for employees and customers;
4.
Signage directing patrons to open businesses; and
5.
Emergency Action Plan.
(e)
Duration Limits: Street closures for permitted events shall be limited to the minimum
duration necessary to conduct the event, including reasonable setup and breakdown
time.
(f)
Coordination: The local government shall coordinate with affected businesses, residents,
and public safety agencies before approving a permit authorizing street or right-of-way
closures.
(4)
Construction Activity Closures.
(a)
Permit Requirement: Closures of streets or rights-of-way for construction, maintenance,
repair, or improvement activities must be authorized through a valid permit or approval
issued by the local government.
(b)
Traffic Control Plan: Any permit authorizing a closure for construction activity shall
require submission and approval of a traffic control plan that:
1.
Identifies alternate routes and detours;
2.
Provides for appropriate signage and barricades;
3.
Maintains emergency vehicle access;
4.
Minimizes disruption to businesses and pedestrian traffic; and
5.
Specifies the hours during which closures or lane restrictions will be in effect.
(c)
Business Impact Mitigation: The local government shall require construction permit
holders to:
1.
Provide advance notice to affected businesses of planned closures or lane
restrictions;
2.
Maintain pedestrian access to business entrances to the greatest extent
practicable;
3.
Coordinate delivery and service vehicle access during off-peak construction hours;
4.
Install directional signage indicating that businesses remain open during
construction; and
5.
Limit full street closures to overnight hours or weekends where feasible.
(d)
Duration: Construction-related closures shall be limited to the minimum duration
necessary to complete the work safely and efficiently.
(5)
Coordination with Tennessee Highway Patrol. When a local government temporarily closes or
restricts access to streets or rights-of-way within a tourism development zone, the local
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CHAPTER 1670-08-01
government shall promptly notify the district captain within the Tennessee Highway Patrol and
provide information regarding:
(a)
The location and extent of the closure or restriction;
(b)
The reason for and expected duration of the closure;
(c)
Alternate routes and detours; and
(d)
Contact information for the local official responsible for the closure.