SEWER MAIN TAPPING FEES AND CHARGES

Metropolitan Code of Nashville and Davidson County tit. 15, div. I, ch. 15.36

in effect

Metropolitan Code of Nashville and Davidson County § 15.36.010 Applicability of chapter.

15.36.010 - Applicability of chapter. The provisions of this chapter shall apply to all customers desiring or required to connect to the sewers of the public sanitary sewerage system of the metropolitan government. (Prior code § 40-1-101)

Metropolitan Code of Nashville and Davidson County § 15.36.020 Connection fee.

15.36.020 - Connection fee. A. All persons desiring or required to connect to the public sanitary sewerage system shall pay for the privilege of connecting to the sewer main a connection fee for each connection as follows: Tap Size (inches) | Fee ($) 4 or 6 | 360.00 8 | 370.00 10 | 380.00 12 | 390.00 15 | 400.00 B. All fees collected shall be held and expended only for the development of the public sanitary sewerage system in accordance with the capital improvements budget and may be invested to further such purpose. (Ord. BL2019-45 § 6, 2019; Ord. BL2007-1457 § 9, 2007; prior code § 40-1-102)

Metropolitan Code of Nashville and Davidson County § 15.36.030 Letters of availability.

15.36.030 - Letters of availability. A. The director is authorized to issue letters of availability to any person seeking to determine whether sewage capacity is available for any parcel of property. If the director determines that sewerage improvements are necessary before sewage capacity will be available for any parcel of property, the director is authorized to issue a letter of availability conditioned upon the person requesting the letter complying with all the conditions contained therein. All requests for letters of availability must contain adequate information on the proposed use of the parcel of property to permit the director to estimate the sewage flow from the property, and the letter of availability shall identify the maximum sewage flow for the parcel of property. The director may issue more than one letter of availability for any parcel of property. B. The letter of availability shall constitute a commitment that the amount of flow identified therein shall be available for the parcel of property identified therein subject to any conditions contained therein for the time period stated therein. C. Letters of availability may be renewed prior to their expiration by submitting a request for renewal to the director. D. Any person requesting a letter of availability from the director shall pay a nonrefundable review fee at the time the request for the letter of availability is submitted to the director. E. Whenever the director finds that the actual peak sewage flows as determined by the director plus any previously committed sewage flows do not exceed seventy percent of the capacity of the sewerage system, from the point of connection of a parcel of property to the point of discharge from a wastewater treatment plant, or that the ultimate development of the drainage basin in which a parcel of property is located will not exceed the capacity of the above described sewerage system, the director may issue a letter of availability or renew a previously issued letter of availability, which will be effective for one year from the date of issuance or renewal, without collecting prior to the issuance of the letter of availability any portion of the capacity charge imposed by Section 15.36.040. F. Whenever the director finds that the actual peak sewage flow, as determined by the director plus, any previously committed sewage flows, equals or exceeds seventy percent of the capacity of the sewage system from the point of connection of a parcel of property to the point of discharge from a wastewater treatment plant, the director may issue a letter of availability or renew a previously issued letter of availability which will be effective from the date of issuance or renewal for the period set forth below only upon the receipt of the percentage of the capacity charge imposed by Section 15.36.040 as set forth below: Period of Commitment | Percentage of Capacity Charge One year | 30% Two years | 55% Three years | 100% G. Provided, however, no commitment for more than fifty percent of the remaining available capacity of the sewerage system as described in subsections E and F for any period of time shall be made by the director unless one hundred percent of the capacity charge imposed by Section 15.36.040 is paid prior to the issuance of a letter of availability. H. Any capacity charge paid pursuant to subsection G is applicable only to the parcel(s) of property identified in the letter of availability. Any capacity charge paid by the owner of a parcel of property may be transferred with the property whenever the property is sold to a new owner. No refund of any capacity charge collected pursuant to subsection G shall be permitted unless the connection of the parcel of property pursuant to a unexpired letter of availability or renewal thereof is not permitted because of any restriction on sewer connections subsequently imposed upon the department of water and sewer service. Any capacity charge paid by the person pursuant to the preceding subsections shall be applied toward the total capacity charge imposed pursuant to Section 15.36.040 if the person paying said capacity charge or his/her successor in interest obtains a permit to connect the parcel(s) of property identified in the letter of availability to the sewerage system prior to the expiration of the letter of availability or any renewal thereof. (Ord. BL2019-45 § 7, 2019; Ord. 90-1383 § 1, 1990; prior code § 40-1-102.2)

Metropolitan Code of Nashville and Davidson County § 15.36.040 Capacity charge.

15.36.040 - Capacity charge. A. Notwithstanding any other provision of the Metropolitan Code of Laws to the contrary, there is established a capacity charge of two thousand three hundred dollars per unit of flow on all new connections to the public sewer system. An increase in sewer use of ten percent or more through an existing connection, as compared to average flow during the previous three years, shall be considered a new connection for purposes of this section. This capacity charge shall be distinguished from and collected in addition to applicable tap fees. B. Trunk sewer construction or expansion funding by the metropolitan government shall be only upon the basis of availability of funds. If developers fund construction or expansion of trunk sewers, the metropolitan government shall collect the charges created herein in accordance with subsection F, below. Nothing in this subsection shall be construed to create any obligation on the metropolitan government to fund in whole or in part the construction or expansion of trunk sewers. C. The charges established herein shall be placed in the extension and replacement fund of the metropolitan department of water and sewerage services. D. "Unit of flow," as used in this section, is defined as three hundred fifty gallons per day expected average usage, and "existing sewer" shall mean the extension of a public sewer is not required to serve the property. E. The passage of this section shall not void any existing contractual commitments for sewer capacity made by the metropolitan government, department of water and sewerage services, on its obligations assumed by the acquisition of other utility districts. In those instances where the department of water and sewerage services has notified developers of available capacity, such notice shall serve as a commitment of the stated capacity during the term specified in such notice, if any, or, if no term is specified, for one year after the adoption of this section. A "master plan development area" shall be defined as an area on which a plan has received preliminary approval by the planning commission for overall orderly development although the actual development of such area is to be conducted in stages. The sewer assessment fee for a master plan development area shall be exempted for the approved number of units for a period of two years from the date of passage of this section, provided that an overall plan for providing sewer service has been accepted by the department of water and sewerage service as the basis for approval of construction plans for sanitary sewers to serve the master plan development area. The passage of this section shall supersede and void, after two years, future application of the funding arrangement previously established for the Larchwood Drainage Basin by Ordinance No. 081-724, said ordinance being repealed effective two years after passage of this section. After two years, charges in Larchwood will be collected pursuant to the terms of this section. All existing contracts shall be honored relating to Larchwood. F. Except in cases covered by Section 15.36.070 of the Metropolitan Code of Laws, all charges established under this section shall be due and payable prior to the issuance of a permit for service connection to the public sewer. If a developer prepays any part or all of the fee charge, such payment may be indicated with the filing of the property subdivision plat or other duly recorded instrument. This contribution may be in the form of cash payments or equivalent construction cost. In the event a developer contributes, in equivalent construction cost, an amount greater than the charge established by this section, such developers shall be reimbursed for such contribution to that extent when the department collects other applicable fees from properties served by that project. Any such reimbursement shall be made only after the metropolitan government has been reimbursed the entirety of its cost. The department of water and sewerage services shall keep permanent records for each project and all contractual obligations shall be sworn to and executed by the participating party. The director of the department of water and sewerage services is authorized to enter into said agreements in behalf of the metropolitan government. (Ord. BL2019-45 § 8, 2019; Ord. BL2009-407 § 5, 2009; Ord. BL2008-215 §§ 6, 7, 2008; Ord. BL2007-1457 § 8, 2007; Ord. BL2006-1095 § 3, 2006; prior code § 40-1-102.1)

Metropolitan Code of Nashville and Davidson County § 15.36.050 Exemptions.

15.36.050 - Exemptions. The following lots shall be exempt from payment of the tapping or connecting fees established by this chapter: A. Lots connected to the public sanitary sewer system as of the effective date of this chapter. This exemption shall not apply to additional residences or buildings erected on property served by the public sanitary sewer system when a new connection is required. However, nothing herein shall be construed to require connection fees where the structures to be served, having a private sanitary waste disposal system, existed prior to the construction of a public sanitary sewer accessible to the property to which the structure is a part and which was funded before the effective date of Ordinance 82-1034 (October 5, 1982). The fees described herein shall be applicable to vacant lots and to all lots served by sanitary sewers funded and constructed after the effective date of Ordinance 82-1034; B. Lots granted sewer taps as partial consideration of the conveyance of sewer easements in projects funded prior to the effective date of Ordinance 82-1034 to the full extent of the agreement. This exemption shall not apply to additional residences or buildings erected on property served by the public sanitary sewer system except as stated in such agreements; C. Vacant lots previously connected to the sanitary sewer system for which service has been discontinued where service is reconnected with the property being used for the same or similar purpose and the service line is equal to or smaller than the prior connection; D. Those lots located in subdivisions or developments in which sanitary sewers have been constructed at the expense of a subdivider or developer under an agreement with the metropolitan government whereby the privilege of tapping or connecting has been or may be at the time the permit is taken assigned to such property by the subdivider or developer until the subdivider or developer's equity has been recouped. Nothing herein shall be construed to void or otherwise change existing contracts or agreements between the metropolitan government and subdividers or developers. (Amdt. 1 to Ord. BL2015-1213 § 3, 2015; Ord. BL2015-1213 § 3, 2015; prior code § 40-1-109)

Metropolitan Code of Nashville and Davidson County § 15.36.060 Fees for multiple connections.

15.36.060 - Fees for multiple connections. Fees for each connection to the public sanitary sewer where more than one connection to the sanitary sewer is required or made shall be calculated in accordance with the schedule of fees established in Section 15.36.020; provided, that only one additional charge for frontage in excess of fifty feet shall be made. (Prior code § 40-1-103)

Metropolitan Code of Nashville and Davidson County § 15.36.070 Payment—Installment plans.

15.36.070 - Payment—Installment plans. The director of the department of water and sewerage services and director of finance are authorized to establish a system of partial payments for tapping and capacity charges created by this chapter for customers using four-inch, six-inch and eight-inch sanitary sewer connections with expected sewer effluent averaging five thousand gallons per day or less. Eligible customers shall be allowed to make payment in thirty-six equal monthly installments, without interest, from the date of connection. Upon request, the director shall review the account of each eligible customer on or about the first anniversary of the establishment of the account to determine the customer's actual capacity requirement. In the event that the actual capacity requirement differs by ten percent or more from the capacity estimate used at establishment of the account to determine the capacity charge created by this chapter, the director shall refund to or collect from the customer, as appropriate, the difference between the capacity charge previously paid by the customer and the capacity charge calculated on the customer's actual capacity requirement. The director further shall amend the terms of any payment plan contemplated in this section as necessary to cause the total capacity charge paid by an eligible customer to be based on the customer's actual capacity requirement. A copy of this section of the Metropolitan Code shall be made available to any customer entering into a payment plan hereunder. This section shall not apply to single-family residential developments or to combined single-family and commercial developments. (Ord. BL2009-407 § 6, 2009; Ord. BL2008-215 § 8, 2008; prior code § 40-1-104)

Metropolitan Code of Nashville and Davidson County § 15.36.080 Unpaid fees—Lien on property.

15.36.080 - Unpaid fees—Lien on property. Tapping and capacity fees specified in this chapter shall constitute a lien against the property served, which lien shall run with the property. The Metropolitan Government may enforce the lien against the property involved as prescribed by law. (Ord. BL2008-215 § 9, 2008; prior code § 40-1-105)

Metropolitan Code of Nashville and Davidson County § 15.36.090 Frontage defined.

15.36.090 - Frontage defined. "Frontage" shall be defined as that boundary of a parcel of land abutting on an accessible sewer. In the event that more than one boundary of the parcel of land abuts on an accessible sewer, the property owner may elect to tap either sewer at a fee determined by the feet of frontage of the lot to be supplied, or the lesser abutting dimension of such lot. (Prior code § 40-1-106)

Metropolitan Code of Nashville and Davidson County § 15.36.100 Intermediate connections—Financed by developer—Reimbursement.

15.36.100 - Intermediate connections—Financed by developer—Reimbursement. When property is isolated or remotely located from the nearest accessible sewer, the director may require the developer or applicant for sewerage service to finance the necessary run of intermediate or connecting sewer; however, the person financing such a section of sewer shall be reimbursed annually from proceeds from the sale of tapping privileges by the department in accordance with the schedule of fees established in this chapter to subsequent subscribers on such connecting sewer until such developer or applicant has been reimbursed the actual established cost of such connecting sewer, or for a period of fifteen years, whichever should occur sooner. (Prior code § 40-1-107)

Metropolitan Code of Nashville and Davidson County § 15.36.110 Oversized sewers.

15.36.110 - Oversized sewers. The foregoing provisions are based on an eight-inch sewer, which size is generally accepted as the minimum size required to supply sewerage service. However, in the case of subdivisions which may be located in a relatively isolated section or of large industrial plants or other similar types of applicants, it may become necessary to install, or extend sewers larger than eight inches in size to take care of the needs for such a particular user or future upland users. Therefore, the director is authorized to negotiate and enter into an equitable agreement with such prospective customer and subsequent customers of this classification. (Prior code § 40-1-108)

Metropolitan Code of Nashville and Davidson County § 15.36.120 Extensions—Property of metropolitan government.

15.36.120 - Extensions—Property of metropolitan government. When it becomes necessary to construct a system of sewer mains in a subdivision or on private property for the purpose of serving multiple structures or a single structure, the sewer main or mains shall be installed by the developer or owner in accordance with the regulations of the department, and shall become a part of the public sanitary sewerage system. (Prior code § 40-1-110)

Metropolitan Code of Nashville and Davidson County § 15.36.130 Participation with development.

15.36.130 - Participation with development. The metropolitan council may approve participation agreements for lay and deed infrastructure projects, participation agreements for funding to utilize toward future systemwide upgrades and maintenance agreements for funding towards the future increase in cost for the operation and maintenance costs of infrastructure between the metropolitan department of water and sewerage services and developers by resolution. (Ord. BL2022-1214 § 1, 2022)

Source: Metropolitan Government of Nashville and Davidson County, Metropolitan Code and Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tn/metro_government_of_nashville_and_davidson_county/codes/code_of_ordinances?nodeId=CD_TIT15WASEOTPUSE_DIVIGERE_CH15.36SEMATAFECHFetched: 10/28/2026