Subdivision Regulations
Regulations
Amended October 14, 2004
Effective October
14, 2004
GENERAL PROVISIONS
1-1 Title - These provisions shall hereafter be known and cited as the "Subdivision Regulations of the Metropolitan Government of Nashville and Davidson County."
1-2 Authority - These rules and regulations are adopted pursuant to Chapters 35 and 45 of the Public Acts of 1935 and as subsequently amended and being Section 13-3-401 et seq. and Section 13-4-301 et seq., Tennessee Code Annotated, and in accordance with Article 11, Chapter 5, of the Charter of the Metropolitan Government of Nashville and Davidson County.
In the adoption of these Subdivision Regulations, the Planning Commission acts in pursuance to the authority and powers granted by Sections 13-3-401 through 13-4-309, as amended, Tennessee Code Annotated. Having adopted a Major Street Plan for the jurisdiction, and filed a certified copy of the plan in the office of the County Register of Deeds, as required by Sections 13-3-402 and 13-4-302, Tennessee Code Annotated, and having held a public hearing on these regulations, as indicated in Section 6-1 of these regulations, and as required by Sections 13-3-403 and 13-4-303, Tennessee Code Annotated, the Planning Commission has fulfilled the requirements set forth in State law as prerequisites to the adoption of these regulations.
1-2.1 Enforcing Officer - It shall be the duty of the Executive Director of the Metropolitan Planning Commission or his designated appointee to enforce these regulations and to bring to the attention of the Metropolitan Attorney any violations or lack of compliance herewith.
1-2.5 Purpose - These regulations are intended to "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." (Section 13-4-303, Tennessee Code Annotated) (MPC Res. 2003-48, 2/13/03)
1-3 Jurisdiction - These rules and regulations governing the subdivision of land shall apply to the division of lands within the area of jurisdiction of the Metropolitan Government of Nashville and Davidson County outside the incorporated boundaries of Belle Meade, Berry Hill, Forest Hills, Goodlettsville, Oak Hill, Lakewood and Ridgetop.
1-4 Repeal of Previous Regulations - Upon the adoption and effective date of these regulations, the Subdivision Regulations of The Metropolitan Government of Nashville and Davidson County adopted September 23, 1964, as amended, are hereby repealed.
1-5 Interpretation and Conflict
1-5.1
Interpretation - These regulation are intended to promote
the health, safety, and welfare of the persons within this
jurisdiction, and toward that purpose, these regulations
are to be liberally construed.
1-5.2 Conflict with Public and Private Provisions
A. Public Provisions - These regulations are not intended to interfere with, abrogate, or annul, any other ordinance, rule or regulation, statute, or other provision of law. Where any provision of these regulations imposes restrictions different from those imposed by any other provision of these regulations or any other ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher standards shall control.
B. Private Provisions - These regulations are not intended to abrogate any easement, covenant, or any other private agreement or restriction, provided that, where these regulations are more restrictive or impose higher standards than such easement, covenant, or other private agreement or restriction, the requirements of these regulations shall govern. Where the provisions of the easement, covenant, or private agreement or restriction impose more restrictive obligations and duties or impose higher standards than the requirements of these regulations or than the determinations of the Planning Commission in approving a subdivision or in enforcing these regulations, it shall not be the policy of the Planning Commission to intervene into or enforce such regulations.
1-6 Severability - If any part or provision of these regulations or application thereof to any person or circumstance is adjudged invalid by any court of competent jurisdiction, such judgement shall be confined in its operation to the part, provision, or application directly involved in the controversy in which such judgement shall have been rendered and shall not affect or impair the validity of the remainder of these regulations or the application thereof to other persons or circumstances, and for such purpose, the provisions or any portion of the provisions in these regulations are considered severable. The Planning Commission hereby declares that it would have enacted the remainder of these regulations even without any such part, provision, or application.
1-7 Saving Provision - These regulations shall not be construed as abating any action now pending under or by virtue of previous Subdivision Regulations, or as discontinuing, abating, modifying, or altering any penalty accruing or about to accrue, or as affecting the liability of any person, or as waiving any right of the City under any section or provision existing at the time of adoption of these regulations, or as vacating or annulling any rights obtained by any person by lawful action of the City, except as expressly shall be provided otherwise in these regulations.
1-8 Previously-Approved Subdivisions - The approval granted on any preliminary plat prior to the effective date of these regulations shall remain in force and effect for the time period stipulated by the regulations under which the approval was first granted except subdivisions in which substantial work, as defined in 3-5.5 has been completed as authorized by a preliminary plat approval on or before the effective date of these regulations, shall not be subject to the more restrictive time limitations of approval established in previous Subdivision Regulations.
1-8.2
Subdivisions approved prior to Adoption of Amendments on
December 7, 2000 (Amendment
#9)
The
effective date of the Subdivision Regulations as amended
shall be January 1, 2001. Any new or revised preliminary
plat submitted after January 1, 2001 and any final
plat consistent with the approved preliminary plat
submitted after January 1, 2003, shall comply with
the Subdivision Regulations as amended on December
7, 2000. For multi-phase developments in which at least
one phase was approved by the Planning Commission prior
to January 1, 2001, compliance of future phases with
these amendments shall be required at the discretion
of the Planning Commission. In determining compliance,
the Planning Commission will evaluate the location
of the phase and the appropriateness of the application
of these requirements relative to the remaining phases
or adjacent properties.
1-9.1 Enactment - Before the adoption of any amendment to these regulations, a public hearing thereon will be held by the Planning Commission. Notice of the time and place of the public hearing will be given by publication in a newspaper of general circulation in the jurisdiction.
1-9.2 Codification and Distribution - Subsequent to the adoption of any amendment to these regulations, such amendment shall be incorporated into the text of these regulations in the following manner:
A. Replacement pages shall be prepared incorporating the new or changed language with a notation in the margin of the page indicating the number of the amendment. Additionally, each new or replacement page shall be dated so as to indicate the date of the last revision of the page.
B. In Chapter 6 of these regulations, each adopted amendment shall be numbered consecutively and the paragraph number in the text of each change shall be noted.
1-10.1 General - If the Planning Commission finds that extraordinary hardships or practical difficulties may result from strict compliance with these regulations, a variance from these regulations may be granted, provided that such variance shall not have the effect of nullifying the intent and purpose of these regulations. The Planning Commission will make findings based upon the evidence presented to it in each specific case that:
A. The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious to other property or improvements in the neighborhood in which the property is located;
B. The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property;
C. Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations were carried out; and
D. The variance will not in any manner vary from the provisions of the adopted General Plan, Major Street Plan, or Zoning Regulations.
1-10.2 Procedures - A petition for any such variance shall be submitted in writing by the subdivider along with the initial filing of the plat. The petition shall state fully the grounds for the application and all of the facts upon which the petitioner is relying.
1-10.3 Conditions - In approving variances, the Planning Commission may impose such conditions as in its judgement, will secure substantially the objectives, standards, and requirements of these regulations.
1-11 Vacation of Streets, Easements, or Other Public Facilities - Prior to acceptance of any public facility by the City, any plat or any part of any plat may be vacated by the owner of the premises at any time before the sale of any lot described therein, by a written instrument, submitted to the Planning Commission to which a copy of such plat shall be attached, or an amended plat declaring the plat or part of the plat to be vacated. The Planning Commission will follow the same procedure for approval of such instrument as required for approval of plats. Such an instrument shall be approved by the Planning Commission, executed and duly recorded thereby voiding that portion of the recorded plat and divesting all public rights in the streets, alleys, and public grounds and all dedications laid out or described in such plat.
When any lot or lots or phase has been sold, the public facility(s) may be vacated in the manner herein provided only if all the owners of lots or phase in such plat join in the execution of such writing. When public facilities have been accepted by the Metropolitan Government for public use and maintenance, no plat vacation may take place until the Metropolitan Council approves the vacation of abandonment.
1-12 Condominium Plats - Condominium (horizontal) land development regimes cannot be established by written documents alone. A plat drawing is required and such shall describe the boundaries of the tract and structure locations within the boundaries. A condominium plat shall be subject to the same format requirements as a final subdivision plat described herein and further, shall comply with Section 66-27-101 through 66-27-123, Tennessee Code Annotated.
The condominium plat shall require only administrative review by the Metropolitan Planning Commission staff and certification by the Secretary of the Metropolitan Planning Commission.
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