Application and review.
Metropolitan Code of Nashville and Davidson County § 5.22.070
in effect5.22.070 - Application and review.
A. A property owner and capital provider shall apply to the program and submit all required supporting documents included in the program guidebook for review by the program administrator.
B. The application to the program shall require:
1. An attestation by the property owner that the proposed project consists of one or more qualified improvements.
2. For an existing building seeking improvements (a) where energy or water usage improvements are proposed, a certification by a licensed engineering firm, engineer, or other qualified professional listed in the program guidelines stating that the proposed qualified improvements will either result in more efficient use or conservation of energy or water, the reduction of greenhouse gas emissions, or the addition of renewable sources of energy or water; (b) where safe drinking water measures are proposed, a certification by a licensed professional engineer stating that the qualified improvements will result in the reduction of lead in potable water; or (c) where resilience improvements are proposed, a certification by a licensed professional engineer stating that the qualified improvements will result in improved resilience.
3. For new construction, a certification by a licensed professional engineer stating that the proposed qualified improvements, individually, or acting as a whole, will enable the project to exceed the energy efficiency, water efficiency, renewable energy, renewable water, or resilience requirements of the current building codes of the metropolitan government.
C. The program administrator shall review an application according to the application checklist to determine whether it: (i) is complete, (ii) proposes a qualified improvement, (iii) contains no errors on its face, and (iv) that all information is provided in the substance and form required by the application checklist. If an application and supporting documents comply with the application checklist, the program administrator may sign the application checklist indicating that an application is deemed approved and the project is a qualified project. If an application to the program is incomplete and/or does not conform to the requirements of the application checklist, the program administrator shall inform the applicant as soon as practicable that an application is denied, the reasons for the denial, and any corrections that could make the application. If feasible, the applicant shall have an opportunity to correct its application.
D. The application review process is confined to confirming that an application is complete, that all attachments conform to the program guidelines, and that the capital provider and property owner are found to sufficiently meet the program's criteria. The program administrator's approval shall not constitute endorsement of any representations that may be made with regard to the operation and any savings associated with the qualified improvements.
E. An application may be conditionally approved if the application is complete but the attachment regarding lender consent of the C-PACER lien is not yet available per requirements outlined in the program guidelines. If after thirty days, not all necessary documents are submitted by the applicant, or a lender does not submit the consent form, the application is deemed as incomplete and the conditional approval is moved to not approved.
F. Upon approval of an application, a property owner or capital provider shall provide the completed and executed assessment agreement and notice of assessment interest and C-PACER lien to the office of the metropolitan trustee for execution at least five days prior to close of the C-PACER transaction, along with a requested date for recordation of such forms.
G. The metropolitan government shall record the assessment agreement and the notice of assessment interest and C-PACER lien with the Davidson County Register of Deeds. At the request of the property owner and the capital provider, the recording of the executed documents may be delegated to the capital provider.
(Ord. BL2022-1633 § 1, 2023)
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_TIT5REFI_DIVIITA_CH5.22COPRASCLENRECEPR_5.22.070APREFetched: 10/28/2026