§ 13-4-303 — Subdivision regulations - Adoption

Tennessee § 13-4-303

• Jurisdiction: Tennessee
• Title: 13

Text

(a) In exercising the powers granted to it by this part, the planning commission shall adopt regulations governing the subdivision of land within the municipality. Such regulations may provide for the harmonious development of the municipality and its environs, for the coordination of streets within subdivisions with other existing or planned streets or with the plan of the municipality or of the region in which the municipality is located, for adequate open spaces for traffic, recreation, light and air, and for a distribution of population and traffic which will tend to create conditions favorable to health, safety, convenience and prosperity, and identify areas where there are inadequate or nonexistent publicly or privately owned and maintained services and facilities when the planning commission has determined the services are necessary in order for development to occur. (b) (1) As a condition precedent to the final approval of the plat, the regulations may include infrastructure improvement requirements as to the extent to which and the manner in which: (A) Roads are constructed and improved; (B) Water, sewer, and other utility mains, piping, and connections are constructed or installed; or (C) Other infrastructure and facilities are constructed or installed. (2) The regulations of the planning commission may provide for the preliminary approval of the plat before the infrastructure improvements, but any preliminary approval shall not be entered on the plat. (3) In lieu of the completion of the infrastructure improvements before the final approval of a subdivision plat, the planning commission may grant final plat approval subject to the submittal and acceptance of a bond, letter of credit, or other method of assurance, in form, in amount, and with conditions and surety satisfactory to the planning commission. The bond, letter of credit, or other method of assurance shall provide for and secure to the public and the local government the actual construction and installation of the infrastructure improvements within a period specified by the municipal planning commission and expressed in the bond, letter of credit, or other method of assurance. (4) The attorney for the municipality shall enforce any bond, letter of credit, or other method of assurance by all appropriate legal and equitable remedies, and moneys collected on the bond, letter of credit, or other method of assurance shall be paid into the municipality's treasury. Upon the order of the planning commission, the moneys shall be applied to the construction and installation of the infrastructure improvements. (c) Before adoption of its subdivision regulations or any amendment thereof, a public hearing thereon shall be held by the commission. (d) (1) In exercising the powers granted to it by § 13-4-302 , the planning commission shall not require an owner of private property to dedicate real property to the public, or pay money to a public entity in an amount that is determined on an individual and discretionary basis, unless there is an essential nexus between the dedication or payment and a legitimate local governmental interest and the dedication or payment is roughly proportional both in nature and extent to the impact of the proposed use or development of the property. An owner of private property required to make a dedication or pay money in violation of this subdivision (d)(1) may seek relief through a common law writ of certiorari in chancery court. (2) Regulations adopted by planning commissions pursuant to this section must include the provisions in subdivision (d)(1). (3) This subsection (d) does not apply to an assessment, fee, or charge that is imposed on a broad class of property owners by a local governmental entity.

Legislative History

Amended by 2022 Tenn. Acts, ch. 1128, s 2, eff. 7/1/2022. Amended by 2015 Tenn. Acts, ch. 209, s 4, eff. 4/20/2015. Acts 1935, ch. 45, § 2; C. Supp. 1950, § 3407.11; T.C.A. (orig. ed.), § 13-603; Acts 2008 , ch. 1150, § 10; 2011 , ch. 73, § 2.