SECTION 1. That Quarterly County Courts in counties of six hundred thousand
(600,000) population or more by the Federal Census of 1960, or any subsequent Census, shall
have the authority to promulgate, by resolution, subdivision regulations governing the division,
subdivision or resubdivision of land into two (2) or more parcels, any of which is four (4) acres
or less in size, for the purpose of conveyance of building development. Said regulations shall
include as a minimum the manner in which the owner or subdivider shall submit a plat of such
proposed division, subdivision or resubdivision; the procedure by which a plat shall be processed;
the standards to which such plats shall conform; the extent of site improvements, dedications of
land for public use, and reservations of land for public acquisition which may be required; the
period of time for which approval of a plat is valid prior to the start of development; standards
for the adequate provision of blocks, lots, street grades and alignments, and similar physical
design features; standards for accuracy in surveys; conditions under which modification of the
strict application of such regulations may be permitted; the amount of any service charge which
may be made for processing and recording plats; methods of enforcement for said regulations;
and penalties for violation of said regulations.
As amended by: | Private Acts of 1972, Chapter 311. |
SECTION 2. Be it further enacted, That all plats for the division, subdivision or resubdivision of land subject to the regulations shall first be filed with the County Planning Commissions having jurisdiction in said counties. The County Planning Commission shall approve plats which conform to the subdivision regulations and all applicable provisions of the comprehensive plan of the county. Upon approval, the County Planning Commission shall forward such plats to the Board of County Commissioners of said counties for final approval.
As amended by: Private Acts of 2015, Chapter 17
SECTION 3. (deleted)
As amended by: Private Acts of 2015, Chapter 17
SECTION 4. That the owner or subdivider shall enter into a contract with and satisfactory to the Board of County Commissioners relative to the installation of required site improvements at his own expense prior to certification by said Board of the plat for recording. Said owner or subdivider shall make a cash deposit or an acceptable surety bond to ensure completion of the actual installation of and payment for said site improvements within the time specified in such contract. The amount of cash deposit or surety bond, and the surety, must meet with the approval of the Board of County Commissioners and county attorney of the county; provided, however, that separate contracts for the installation of and payment for all necessary site improvements may be executed to permit development of a subdivision in successive sections or stages.
As amended by: Private Acts of 2015, Chapter 17
SECTION 5. That the County Planning Commission and Board of County
Commissioners shall approve or disapprove a plat within thirty (30) days after the submission
thereof respectively to these bodies; otherwise such plat shall be deemed to have been approved
and certificate to that effect shall be issued by said Commission and Board on demand; provided,
however, that the owner or subdivider may waive this requirement and consent to an extension of
time.
SECTION 6. That the recording of a plat shall operate to dedicate to public use all
portions of land or interest therein designated thereon for streets, easements, and other specified
public uses.
SECTION 7. Be it further enacted, That a plat certified for recording shall carry on its face at least a signed acknowledgement by the owner, which shall be notarized; the signature and seal of a registered professional engineer, duly authorized by law to practice in the State of Tennessee; the signatures of the Director of Planning of the County Planning Commission, the Chairman and one other member of the Board of County Commissioners; and the dates of approval. County Register of said County shall not record nor re-record plats which do not contain the required acknowledgments and signatures.
As amended by: |
Private Acts of 1980, Chapter 235. Private Acts of 2015, Chapter 17 |
SECTION 8. That county building officials in said counties shall refuse to issue a
building permit for any parcel of land subject to said regulations unless same shall appear upon a
properly recorded plat.
SECTION 9. That county assessors of said counties may refuse to split back assessments
on parcels of land subject to said regulations until same shall appear upon a properly recorded
plat.
SECTION 10. That violations of this Act and any subdivision regulations promulgated
by said Quarterly County Courts in furtherance of its purposes are misdemeanors, punishable by
fine of not more than Fifty Dollars ($50.00). County attorneys of said counties may institute
injunctive proceedings to prevent, enjoin or abate such violations.
SECTION 11. That Chapter 409 of the Private Acts of 1925, Chapter 130 of the Private
Acts of 1945, Chapter 131 of the Private Acts of 1945, and Chapter 445 of the Private Acts of
1953 of the General Assembly of the State of Tennessee, and all other Acts or parts of Acts in
conflict herewith, be and the same are hereby repealed.
SECTION 12. That if any provision or part of this Act shall for any reason be adjudged
by any court of competent jurisdiction to be invalid, such judgment shall not invalidate the
remainder of this Act but shall be confined in its operation to the provision or part hereof
declared invalid.
SECTION 13. That this Act shall have no effect unless approved by a two-thirds (⅔)
vote of the Quarterly County Court of any county to which this Act may apply not more than one
hundred twenty (120) days subsequent to its approval by the Chief Executive of this State or
after its otherwise effective date. Its approval or non-approval shall be proclaimed by the
presiding officer of the Quarterly County Court and shall be certified by him to the Secretary of
State.
SECTION 14. That this Act shall be effective from and after its passage, the public
welfare requiring it, but the provisions hereof shall not become operative until validated as
provided in Section 13 herein and as otherwise provided in this Act.
Passed: March 28, 1968.