Planning commission recommends notice to Westmoreland developer after sewer capacity lapse; 90‑day cure urged once tolling ends

The Town of Nolensville Planning Commission on Aug. 12 recommended that the Board of Commissioners and town staff notify the current Westmoreland Planned Unit Development developer that the project is in violation of its PUD approval because it no longer holds sewer capacity, and that the developer be given the 90 days allowed under state vested‑rights law to cure the violation once the moratorium/tolling period ends.

The recommendation followed a staff and legal update on the Westmoreland PUD, a single‑family residential project located at 9849 Sam Donald Road. Town legal counsel and staff told the commission that the development’s sewer capacity letter lapsed in mid‑2024 and Metro later denied a new capacity letter; Metro’s internal regulations then placed a moratorium that, under state vesting law, tolls the running of the project’s vesting period. Town staff said that because Metro’s moratorium prevented the developer from curing the sewer capacity defect, the town could not reasonably treat the project differently from an applicant who…