Prepared with assistance from
South Central Tennessee Development District
Reprinted With Amendments – June, 1980
Reprinted With Amendments – 2014
Table of Contents
Article I Preamble and Enactment Clause 1
Article II Short Title 2
Article III Definition of Certain Terms Used Herein 2
Article IV Platting Jurisdiction, Enforcement and
Penalties for Violation 6
Article V General Design Requirements 8
Article VI General Requirements for Streets and
Other Rights-of-Way 10
Article VII Street Design Requirements 11
Article VIII Design Standards for Blocks and Lots 14
Article IX Pre-Application Procedure for Major
Article X Preliminary Plat Specifications for Major
Article XI Procedure for Preliminary Plat Approval
Of Major Subdivisions 19
Article XII Required Improvements for Final Plat
Approval of Major Subdivision 21
Article XIII Final Plat Specifications 25
Article XIV Procedure for Final Plat Approval 28
Regulations controlling the subdivision of land in Decherd, Tennessee; Requiring and regulating the preparation and presentation of preliminary and final design standards; requiring minimum improvements to be made or guaranteed to be made by the subdivider; setting forth the procedure to be followed by the Decherd Municipal Regional Planning Commission in applying these rules, regulations and standards; and prescribing penalties for the violation of its provisions.
Subdivision of land is one of the important first phases of urban development. Once land has been cut up into streets, lots and blocks and publicly recorded, the correction of defects is costly and difficult. Subdivision of land eventually becomes a public responsibility, since roads and streets must be maintained and various public services customary to urban areas must be provided to the persons acquiring the lots. , It is therefore in the interest of the public, the developer and the future owner that subdivisions be conceived, designed, and properly developed in accordance with sound rules and proper minimum standards.
Preamble and Enactment Clause
In pursuance of authority set forth in Sections 13-4-301 through 13-4-310, Tennessee Code Annotated, and for the purpose of promoting the health, safety, morals, convenience, order, prosperity and general welfare of the municipality; to
encourage economically sound and stable land development; to assure the provision of
required streets, utilities and other facilities and services to land developments; to assure the adequate provision of safe and convenient traffic access and circulation, both vehicular and pedestrian, in land development; to assure the provision of needed public open spaces and building sites in land developments through the dedication or reservation of land for recreational, educational and other public purposes; and to assure that land is developed in conformity with the Comprehensive Plan of Decherd, the Decherd Municipal Regional Planning Commission does ordain and enact the following articles and sections:
This document shall be known and may be cited as the “Subdivision Regulations of Decherd, Tennessee.”
Definition of certain Terms used Herein
Except as specifically defined herein, all words used in these regulations have their customary dictionary definitions where not inconsistent with the context. For the purpose of these regulations certain words or terms are defined as follows:
The term “shall” is mandatory. When not inconsistent with the context, words used in the singular include the plural and those used in the plural number include the singular. Words used in the present tense include the future.
Flood: A general and temporary condition of partial or complete inundation of normally dry land areas from:
The overflow of inland or tidal waters;
The unusual and rapid accumulation or runoff of surface waters from any source.
Floodway: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height of one foot. The term is also referred to as “regulatory floodway”
Floodplain: The floodplain is any land area susceptible to being inundated by water from any source (see definition of “flood”).
Lot: A portion or parcel of land separated from other portions or parcels by description as on a subdivision plat or record of survey map or as described by metes and bounds, and intended for transfer of ownership or for building development. For the purpose of these regulations, the term does not include any portion of a dedicated right-of-way.
Major Subdivision: All divisions of a tract or parcel of land into five (5) or more lots, building sites or other divisions for the purpose, whether immediate or future, of sale or building development; and includes all division of land into two (2) or more lots involving a new street, or a change in existing streets: or divisions of land involving the extension of public utilities; or divisions of land containing any land subject to flood and, includes re-subdivision process of subdividing or to the land or area subdivided.
The creation of a tract or parcel of less than five (5) acres shall be deemed a subdivision and subject to the provisions of these regulations whether or not it fronts on an existing street or road, except where land is partitioned among the owners by the court.
Minor Subdivision: All divisions of a tract or parcel of land into four (4) or less lots, building sites or other divisions for the purpose, whether immediate or future, of sale or building development, and where appropriate to the context, relates to the process of subdividing or to the land or area subdivided. Excluded from this definition are the following:
All divisions of land involving a new street or road or change in existing streets or roads
All divisions that require the extension of public utilities
All divisions of areas subject to flood
Planning Commission: The Decherd Municipal Regional Planning Commission
Street: A way for vehicular traffic, whether designated an alley, arterial,
avenue, boulevard, collector, expressway, freeway, highway, lane, road, or other way, and for the purpose for these regulations “streets” are divided into the following categories:
Arterials and Collectors the streets or roads designated as such in the City of Decherd Land Use and Transportation Plan.
Second Collector a collector street which carries traffic from local streets to major thoroughfares.
Local Street A neighborhood street used primarily for access to abutting properties
Marginal Access Street A minor street parallel and adjacent to major thoroughfares which offers access to abutting properties.
Alley A minor way used for service access to the back or side of properties otherwise abutting on a street.
Cul-de-sac A local street with only one outlet, sometimes called a “dead-end” street.
Subdivider: The person, firm or corporation having such a proprietary interest in the land to be sub-divided as will authorize the maintenance or proceedings to subdivide such land under this ordinance, or the authorized agent, person, firm or corporation for the purpose of proceeding under these regulations.
Subdivision means the division of a tract or parcel of land into two (2) or more
lots, sites, or other divisions requiring new street or utility construction or any division of less than five (5) acres for the purpose, whether immediate or future, of sale or building development, and includes resubdivision and when appropriate the context, relates to the process of resubdividing or to the land or area subdivided.”
Platting Jurisdiction, Enforcement
And Penalties for Violation
Section 41. Platting Authority. From and after the passage of these regulations, the Decherd Municipal Regional Planning Commission shall be the official platting authority, and no plat of a land subdivision shall be entitle to record in the office of the Franklin County Register unless it shall have the signature of the Secretary of the said Decherd Municipal Regional Planning Commission inscribed thereon. The filing or recording of a plat of a subdivision without the approval of said Decherd Municipal Regional Planning Commission, as required by these regulations, is declared to be a misdemeanor, punishable by law.
Section 42. Use of Plat. The transfer of, sale of, agreement to sell, or negotiation to sell land by reference to or exhibition of, or other use of a subdivision plat that has not been given final approval by the Decherd Municipal Regional Planning Commission and recorded in the office of the Franklin County Register is prohibited, and the description by metes and bounds in the instrument of transfer or other document shall not exempt the transaction from such penalties.
Section 43. Enforcement. No plat or plan of a subdivision located within the City of Decherd, Tennessee shall be filed or recorded by the County Register of Deeds until said plat or plan has received final approval in writing by the Planning Commission as provided in Section 13-4-302, Tennessee Code Annotated.
Section 44. Opening and Improving Public Streets (Roads). No public officer, authority or county governing body shall accept, layout, open, improve, grade, pave or light any street, lay or authorize the laying of water or sewer mains or lines, or the construction of other facilities or utilities and any street located within the City of Decherd, Tennessee unless such street shall have been accepted, opened or otherwise received the legal status of a public street prior to the adoption of these regulations, or unless such street corresponds in its location and lines to a street shown on a subdivision plat approved by the Decherd Municipal Regional Planning Commission, or on a street plan made and adopted by the Commission as provided in Section 13-4-307, Tennessee Code Annotated.
Section 45. Erection of Buildings. No building permit shall be issued and no building shall be erected on any lot in a subdivision within the City of Decherd, Tennessee unless the street giving access thereto has been accepted or approved as a public street in accordance with these regulations, or unless such street has been accepted as a public street prior to the effective date of these regulations.
Any building or structure erected or to be erected in violation of this section shall be deemed an unlawful building or structure, and the building inspector or the city attorney or other official designated by the Board of Mayor and Aldermen of Decherd, Tennessee may bring action to enjoin such erection or cause it to be vacated or removed.
Section 46. Penalties. No county register shall receive, file, or record a plat of a subdivision within the City of Decherd, Tennessee or it’s planning region, without the approval of the City of Decherd Municipal Regional Planning Commission as required in Section 13-4-302, Tennessee Code Annotated, and any county recorder so doing shall be deemed guilty of a misdemeanor, punishable as other misdemeanors as provided by law.
Section 13-4-306, Tennessee Code Annotated, provides that whoever being the owner of agent of the owner of any land, transfers or sells or agrees to sell or negotiates to sell such land by reference to or exhibition of or by other use of a plat of subdivision of such land without having submitted a plat of such subdivision to the Planning Commission and obtained the approval as required before such plat be recorded in the office of the appropriate county register, shall be deemed guilty of a misdemeanor, punishable as other misdemeanors as provided by law; and the description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from such penalties. The municipality, through its attorney or other official designated by its chief legislative body, may enjoin such transfer of sale of agreement by action or injunction.
General Design Requirements
Section 51. Name of Subdivision. The name of all subdivisions must have the approval of the Decherd Municipal Regional Planning Commission. The name shall not duplicate or closely approximate the name of an existing subdivision within Franklin County.
Section 52. Suitability of the Land. The Decherd Municipal Regional Planning Commission shall not approve the subdivision of land if, from adequate investigations conducted by all public agencies concerned, it has been determined that in the best interest of the public the site is not suitable for platting and development purposes of the kind proposed.
If a subdivision is proposed within on hundred (100) feet of a stream for which detailed flood data has not been published, the Planning Commission shall require detailed flood information for the particular area before deciding whether or not such subdivision development can occur.
Land which is subject to flooding shall not be platted for occupancy or building sites unless such land is shown to be outside the floodway of the river or stream causing the flooding. Fill may not be used to raise land within the floodway. However, fill may be used outside the floodway providing that the requirements of
provided such fill does not endanger life or property, restrict the flow of floodwaters, or result in increased flood heights and further provided that any fill shall extend twenty-five (25) feet beyond the limits of any structure erected thereon.
Section 53. Access. Access to every subdivision shall be provided over a public street.
Section 54. Public Use Areas. When Public Use areas included in other plans adopted the Decherd Municipal Regional Planning Commission (such as schools or other public building sites, parks or other land for public use) are located in whole or in part in a land subdivision, land for such features shall be either dedicated or reserved by the subdivider for acquisition within one (1) year by the appropriate public agency.
Whenever a plat proposes the dedication of land to public uses that the Decherd Municipal Regional Planning Commission finds not required or suitable for such use, the said Planning Commission shall refuse to approve the plat, and shall notify the developer and the Decherd City Council of the reasons for such action.
Note: One of the primary purposes and advantages of planning for the dedication and reservation of property for public use is to indicate areas which may be presently acquired at acreage prices rather than at greatly increased prices to the future where future improvements would increase the expense to the taxpayer and create inconvenience for the individual property owner and for the neighborhood.
Where public use is to be made of the property and where the residents of the subdivision will receive primary benefit, the dedication of the property should be encouraged. Where the public use is for the public as a whole, the community should pay proportionately for the acquisition of reserved areas within a reasonable time. A reasonable time is to be determined according to the circumstances, because the subdivider should not be required to hold his land idle for a lengthy period.
Section 55. Large-Scale Development. The requirements of these regulations may be modified in the case of large-scale community or neighborhood units, such as a housing project, trailer court or shopping center which is not subdivided into customary lots, blocks and streets, if the development is approved by the Planning Commission and if it is in conformity with purpose and intent of these regulations.
The requirements and regulations of the Tennessee Trailer Court Act, Tennessee Code Annotated, Sections 53-3201 through 53-3220, must be satisfied and the approval of the Local Health Authority must be secured prior to approval by the Planning Commission.
General Requirements for Streets
And Other Rights-Of-Way
Section 61. Conformance to Adopted Major Thoroughfare Plan. All streets and other features of the Major Thoroughfare Plan of Decherd, Tennessee shall be platted by the subdivider in the location and to the dimensions indicated on the Major Thoroughfare Plan adopted by the Planning Commission.
Section 62. Continuation of Existing Streets. Existing streets shall be continued at the same or greater width, but in no case less than the width required in these regulations.
Section 63. Street Connections. Where proposed streets are to adjoin existing streets, the developer must make the connection at his expense and meet all street design requirements set forth is these regulations.
Section 64. Street Elevations. The Planning Commission may require, where necessary, profiles and elevations of streets in areas subject to flood, as defined in these regulations. Fill may be used for streets provided such fill does not unduly increase flood heights as regulated by F.E.M.A. Drainage openings shall be so designed as to not restrict the flow of water and unduly increase flood heights.
Section 65. Street Names. The street names shall require the approval of the Decherd Municipal Regional Planning Commission. Streets that are obviously in alignment with streets already existing and named shall be given the name of the existing street.
Section 66. Restriction of Access. When a tract fronts on an arterial or highway, the Planning Commission may require such lots to be provided with frontage on a marginal access street or may require reverse frontage lots.
Section 67. Alleys. Alleys may be required at the rear of all lots used for multi-family, commercial or industrial developments but shall not be provided in one and two family residential developments unless the subdivider provides evidence satisfactory to the Planning Commission of the need for alleys.
Section 68. Private Streets and Reserve Strips. There shall be no private streets platted in any subdivision. There shall be no reserve strips controlling access to streets, except where the control of such strips is definitely placed with the city under conditions approved by the Planning Commission.
Section 69. Easements. Easements having a minimum width of ten (10) feet shall be provided where deemed necessary along each side or rear lot line for utility lines and underground mains and cables. Easements of the same or necessary greater width shall be required along the lines of or across lots, where necessary, for the extension of existing or planned utilities.
Where a subdivision is traversed by a water course, drainage way, channel or stream, there shall be provided a storm-water or drainage right-of-way of adequate width, Parallel streets may be required by the Planning Commission in connection herewith.
STREET DESIGN REQUIREMENTS
Section 71. Street Right-of way Widths. The right-of-way width of a street shall be the distance across such a street from property line to property line. Minimum street rights-of-way width shall be as follows:
Major Arterials 100 feet, or
(Thoroughfares) as may be required
Minor Arterials 80 feet
Primary Collectors 80 feet
Secondary Collectors 60 feet
Secondary collector streets are those which carry
Traffic from minor streets to the major arterial
Streets and highways.
Local Streets 50 feet
Marginal Access Streets 50 feet
Marginal access streets are minor streets which
Are parallel to and adjacent to arterial streets
And highways; and which provide access to abutting
Properties and protection from through traffic
Alleys 20 feet
Alleys are minor public ways used primarily for service
Access to the back or side of properties otherwise
Abutting on a street.
Cul-de-sacs 50 feet
Cul-de-sacs are permanent dead-end streets or courts designed so that they cannot be extended in the future.
Except where topographic or other conditions make a greater length unavoidable, cul-de-sacs, or dead-end streets, shall not be greater in length than seven hundred (700) feet. They shall be provided at the closed end with a turn-around having a property line radius of at least fifty (50) feet with an outside pavement radius of at least forty (40) feet.
g. Temporary Cul-de-sacs 50 feet
Where, in the opinion of the Decherd Municipal Regional Planning Commission, it is desirable to provide for street access to adjoining property, proposed streets shall be extended by dedication to the boundary of such property. Such dead-end streets shall be provided with a temporary turn-around having a property line radius of at least fifty (50) feet with an outside pavement radius of at least forty (40) feet.
Where deemed necessary by the Planning Commission, adequate rights-of-way shall be dedicated to connect with any temporary dead-end streets adjoining the subdivision.
Section 72. Additional Width on Existing Streets. Subdivisions that adjoin existing streets shall dedicate additional right-of-way to meet the minimum street width requirements.
The entire right-of-way shall be dedicated where any part of the subdivision is on both sides of the existing street; and
Where the subdivision is located on only one (1) side of an existing street, the amount of right-of-way to be dedicated is as follows:
If the land across the roadway from the proposed subdivision has not been subdivided or developed, the subdivider is only required to dedicate one-half (1/2) of the required right-of-way, measured from the center line of the existing roadway.
If the land across the roadway has been subdivided or developed, the subdivider is required to provide enough additional right-of-way on his side of the roadway to bring the total right-of-way to required width, in no case less than fifty (50) feet.
Section 73. Street Pavement Widths.* Street pavement widths shall be as follows:
Major Arterials 30 feet or greater, or as may be required
Minor Arterials 30 feet or greater as may be required
Primary Collectors 30 feet or greater as may be required
Secondary Collectors 30 feet or greater as may be required
Minor Streets (local) 22 feet, with four (4) foot gravel shoulders on each side
Alleys 16 feet
Cul-de-sacs 26 feet, with forty (40) foot radius for turn around
Through proposed neighborhood or local business areas, the street widths shall be increased ten (10) feet on each side to provide for turning movements of vehicles into and out of necessary off-street parking areas without interference to traffic.
Widths. The pavement widths are measured from curb to curb. These widths are considered the minimum necessary to accommodate modern traffic. Street parking must, of course, be considered in the pavement widths. Where no street parking is permitted or none is anticipated, allowances may be made. A parallel parking lane normally requires eight (8) feet. On Minor streets (local) where the abutting property has provision for one (1) lane of parking and two (2) ten (10) foot traffic lanes may be adequate. Local streets may be traffic lanes and right-of-way only. (Pavement widths for major arterials are normally a responsibility of the governing body.)
Section 74. Street Grades ** Maximum and minimum street grades shall be ten (10) percent and five-tenths of one percent (0.5) respectively.
** These street grade limits are considered to be the optimum requirements to provide adequate safety. Different topographical situations may necessitate adjustment. The minimum grade requirement is necessary for drainage purposes. In this regard, it should be considered that in addition to accommodating traffic, streets are the heart of the surface drainage system.
Section 75. Horizontal Curves. Where a deflection angle of more than ten (10) degrees in the alignment of a street occurs, the street shall have a centerline radius of not less than the following:
Major Arterials 300 feet
Minor Arterials 200 feet
Minor Streets (local) 100 feet
Section 76. Vertical Curves. Every change in grade shall be connected by a vertical curve constructed so as to afford a minimum sight distance of two hundred (200) feet, said sight distance being measured from the driver’s eyes, which are assumed to be four and one-half (4 ½) feet above the pavement, to an object four (4) inches high on the pavement. Where, in the opinion of the Decherd Municipal Regional Planning Commission, topography warrants it, profiles of all streets showing natural and finished grades drawn to a scale of not less than one (1) inch equals on hundred (100) feet horizontally and one (1) inch equals twenty (20) feet vertically may be required.
Section 77. Intersections. Street intersections shall be as nearly at right angles as is possible, and not intersection shall be at an angle or less than sixty (60) degrees.
Curb radii at street intersections shall not be less than twenty (20) feet, and where the angle of a street intersection is less than seventy-five (75) degrees, the Decherd Municipal Regional Planning Commission may require a greater curb radius. Whenever necessary to permit the construction of a curb having a desirable radius without curtailing the sidewalk at a street corner to less than normal width, the property line at such street corner to less than normal width, the property line at such street corner shall be rounded or otherwise setback sufficiently to permit construction.
Section 78. Tangents. Between reverse curves there shall be a tangent having a length of not less than one hundred (100) feet.
Section 79. Street Jogs. Street jogs with centerline off-sets of less than one hundred fifty (150) feet shall not be allowed.
Sharp curves reduce sight distances and difficult shaped lots result
Proper curvature results in ample sight distances and good lotting
A tangent between reverse curves produces longer sight distances
Design Standards for Blocks and Lots
Section 81. Block Lengths and Widths. Block lengths and widths shall be as follows:
Blocks shall be no greater than one thousand, two hundred (1200) feet nor less than three hundred (300) feet in length, except in unusual circumstances make these limitations impractical.
Blocks shall be wide enough to provide two (2) tiers of lots of minimum depth, except where abutting upon major streets or where other situations make this requirement impractical.
Section 82. Flood-Free Building Site. Each lot in a subdivision shall contain a flood-free building site outside of the limits of any existing easement or the building setback lines as required by these regulations.
Section 83. Lot Sizes. Residential lots shall meet the lot width and lot area requirements of the Decherd Zoning Ordinance. Other lot size requirements are as follows:
Residential lots shall have a depth of not less than one hundred (100) feet and not greater than three (3) times the width of the lot at the building line, unless unusual circumstances make these limitations impractical.
Lots not served by public water and sanitary sewer systems shall be at least twenty thousand (20,000) square feet in area or of a size specified by the county health authority to adequately accommodate both a fresh-water well and septic tank on the same lot. The minimum distance between the septic tank and fresh-water well shall be one hundred (100) feet. Where individual septic tanks are used on lots served by a public water system, minimum lot size shall be seven thousand five hundred (7500) square feet. The health officer shall also prescribe minimum lot sizes to conform to health standards, which may be greater than the standards contained herein.
Residential corner lots shall have adequate width to meet building setback requirements for both abutting streets.
Commercial and industrial lots shall be adequate in size to provide service areas and off-street parking suitable for the type of use and development contemplated. Platting of individual lots should be avoided in favor of an overall design of the land to be used for such purposes.
Land shall not be platted for commercial or industrial purposes unless the subdivider can demonstrate to the Planning Commission that each lot provides the following:
A site that does not unduly interfere with through traffic. (Each industrial subdivision or area shall utilize a single collector for all heavy traffic between the area and the general system of streets and roads. Minor industrial streets and individual industrial parcels shall be oriented at right angles with the collector and with adjacent railroads).
An integrated parking area.
An insulation against any adverse effect on any present or future adjacent residences.
A parcel size sufficient in area to allow future expansion.
Section 84. Lot Lines. All lot lines shall be perpendicular or radial to street lines, unless impractical because of topographic or other features.
Section 85. Building Setback Lines. A building setback line meeting the front yard setback and all other setback requirements of the Decherd Zoning Ordinance shall be established on all lots.
Section 86. Lots Abutting Public Streets. Each lot shall abut upon a dedicated public street by at least the minimum set forth by the Decherd Zoning Ordinance.
Section 87. Double and Reverse Frontage Lots. Double frontage lots should be avoided, except where essential to provide separate residential development from traffic arteries or to overcome specific disadvantages of topography and orientation. Reverse frontage lots shall have a depth of not less than one hundred and fifty (150) feet. A planted evergreen screen easement at least then (10) feet wide, across which there shall be not right of access, shall be provided along the line of lots abutting a traffic artery or other incompatible land use.
Pre-Application Procedure for Major Subdivisions
Whenever a major subdivision of a tract of land within the City of Decherd’s Planning Region is proposed, the subdivider is urged to consult early and informally with the Codes Official. ( See Article XV for Review Procedure of Minor Subdivision Plats). The subdivider may submit sketch plans and data showing existing conditions within the site and in its vicinity and the proposed layout and development of the subdivision. No fee shall be charged for the pre-application review and no formal application shall be required.
NOTE: (1) The purpose of the pre-application review is to afford the subdivider an opportunity to avail himself of the advice and assistance in order to facilitate the subsequent preparation and approval of plans.
At this stage, the subdivider should also consult with any lending institution that will be participating in the financing of his proposed development and with any mortgage lending institution that may be insuring mortgages on houses that may be built in his subdivision.
2. The various plat reviews required by these regulations may properly be made by a designated member of the Planning Commission. It would be a waste of time for the entire Planning Commission membership to review a proposed land subdivision, except in cases of conflict or unusual and difficult problems. Approval or disapproval in every case must be by action of the Commission. This note applies only to reviews.
Preliminary Plat Specifications for Major Subdivisions
(See Article XV for Minor Subdivisions)
Section 101. Scale. The preliminary plat shall be clearly and legibly drawn at a scale not smaller than one hundred (100) feet to one (1) inch.
Section 102. Sheet Size. Sheet size shall be seventeen (17) by twenty (20) inches, or shall be the sheet size required by the County Register for recording purposes. If the complete plat cannot be shown on one (1) sheet of this size, it may be shown on more than one (1) sheet with an index map on a separate sheet of the same size.
Section 103. Ground Elevations. Contours shall be shown at vertical intervals of not more than five (5) feet, except in areas subject to flood where contours shall be shown at vertical intervals of not more than two (2) feet. All ground elevations shall be referred to mean sea level datum.
Section 104. Information to be Provided on Preliminary Plat. The preliminary plat shall contain the following information:
Name of subdivision;
Name and address of owner of record, subdivider, and registered land surveyor, planner, or engineer.
Drawn to a scale of not less than one (1) inch equals one hundred (100) feet
North point, graphic scale and date,
Vicinity map showing location and acreage of subdivision,
Exact boundary lines by bearing and distances,
Map parcel numbers as recorded on the property maps of the county,
Names of adjoining property owners and/or subdivisions
Location of all existing physical features on land and nearby properties ( existing streets, buildings, water courses, railroads, culverts, utilities, and easements on and adjacent to the tract)
Proposed design including streets and alleys with proposed street names, lot lines with approximate dimensions, easements, land to be reserved or dedicated for public uses and any land to be used for purposes other than single-family dwellings.
Contours (field surveyed or taken from aerial photographs acceptable to the planning commission)
Block numbers and lot numbers
Plans of proposed utility layouts showing connections to existing or proposed utility systems. When connections to certain public utilities are not practical, any proposed individual sewage disposal system must be approved by the county health department.
A drainage plan which the planning commission may require profiles and typical cross-section of easements, tiles and catch basins.
Minimum building front yard setback line.
Delineation of flood prone areas including the floodway and floodway fringe based on these regulations.
Cross-section and centerline street profiles at suitable scales as may be required by street superintendent and/or planning commission.
Present zoning classification, on (and in) subdivision and adjacent land.
Contour lines at least for every five (5) foot change in elevation
Five (5) copies of above regulated plans submitted two (2) weeks prior to meeting.
Note: Prior to the start of any construction and final plat review/approval, a drainage plan must be prepared and submitted for review/approval by the City in consultation with the City’s consulting engineer. Submit an approved Tennessee Department of Environment and Conservation (TDEC) Notice of Intent (NOI) coverage permit including the Storm Water Prevention Plan.
Procedure for Preliminary Plat Approval of Major Subdivision
Section 111. Application for Preliminary Plat Approval Following the pre-application review of a proposed major subdivision, the subdivider shall submit to the Codes Department, at least two (2) weeks prior to the next regular meeting of said Planning Commission, the following:
A letter requesting review and approval of a preliminary plat and giving the name and address of the person to whom the notice of the hearing by the Planning Commission on the preliminary plat shall be sent, and
Five (5) copies of the preliminary plat and other documents, as specified in Article X.
NOTE: Five copies of the preliminary plat and other documents are suggested to provide a review and record copy for: 1. Planning Commission; 2. Subdivider; 3. Public Utility Department or Company (for record); 4. County Health Office; and 5. Street Superintendent.
Section 112. Review of Preliminary Plat. The Codes Department shall check the plat for conformance to these regulations and shall afford a hearing on the preliminary plat, notice of the time and place of which shall be sent by the Building Official by registered or certified mail or by personal delivery to the person designated in the letter requesting preliminary plat review and approval, not less than five (5) days prior to the date of the hearing.
Thereafter, the Planning Commission shall give tentative approval or disapproval of the preliminary plat. A notation of the action shall be made in the minutes of the meeting. Two (2) copies of a list containing the reasons for disapproval, if the preliminary plat is disapproved, shall be issued. One (1) copy shall be returned to the subdivider or his agent and one (1) copy added to the records of the Decherd Municipal Regional Planning Commission.
Tentative approval of a preliminary plat does not constitute approval of a final plat. It indicates only approval of the layout as a guide to the preparation of the final plat. Tentative approval shall expire and be null and void after a period of one (1) year unless an extension of time is applied for by the subdivider or his representative and approved by the Decherd Municipal Regional Planning Commission.
Section 113. Certificate of Tentative Approval. Two (2) Certificates of Tentative Approval of the Preliminary Plat by the Planning Commission shall be issued. One (1) copy for the subdivider or his agent and one (1) for the Planning Commission records. The Certificate shall contain the following:
Pursuant to the Subdivision Regulations of Decherd, Tennessee, all the requirements of tentative approval have been fulfilled.
Therefore, the ‘Preliminary Plat’ of __________________ subdivision has been approved by the Decherd Municipal Regional Planning Commission on _____________________, 20_____, subject to the following modifications. This approval does not constitute approval of a Final Plat. This Certificate of Tentative Approval shall Expire and be Null and Void on _____________________________. (one year later)
Representative of Decherd Municipal Regional Planning Commission
Required Improvements for Final Plat Approval of Major Subdivision
Prior to the approval of a final plat, an agreement shall be reached between the subdivider or his agent and the city with regard to the installation of any street improvements or utility construction called for in the subdivision plat. The subdivider shall be required to have installed at his expense the following improvements:
Section 121. Monuments.
Concrete monuments four (4) inches in diameter or four (4) inches square, three (3) feet long, with a flat top. Shall be set at all road corners, at all points where the road lines intersect the exterior boundaries of the subdivision, and at angle points of curve in each road. The top of the monument shall have an indented cross to identify properly the location and shall be set flush with the finished grade.
All other lot corners shall be marked with iron pipe or pins not less than three-fourths (3/4) inches in diameter and twenty-four (24) inches long and driven so as to be flush with the finished grade.
Section 122. Grading. All streets, roads and alleys shall be graded by the subdivider to the required cross section. Due to special topographic conditions, deviation from the above will be allowed only with special approval of the Planning Commission. Where roads are constructed under of adjacent to existing electric transmission lines, the nearest edge of the roadway surface shall be a minimum of fifteen (15) feet, or have approval of the electric service, from any transmission line structure and all grading for the road shall be done in a manner which will not disturb the structure or result in erosion endangering the structure. In the case of electric transmission lines, the clearance from the road to the nearest conductor shall meet the requirements of the National Electric Safety Code adopted.
Preparation. Before grading is started the entire right-of-way area shall be first cleared of all stumps, roots, brush and other objectionable materials and all trees not intended for preservation.
Cuts. All tree stumps, boulders and other obstructions shall be removed to a depth of two (2) feet below the subgrade. Rock, when encountered, shall be scarified to a depth of twelve (12) inches below the subgrade. This provision applies to the roadway and not necessarily to the entire right-of-way width.
Fill. All suitable material from roadway cuts may be used in the construction of fills, approaches or at other places as needed. Excess materials, including organic materials, soft clays, etc., shall be removed from the development site. The fill shall be spread in layers not to exceed twelve (12) inches loose and compacted by a sheep’s foot roller. The filling of utility trenches and other places not accessible to a roller shall be mechanically tapped.
Section 123. Installation of Utilities. After grading is completed and approved and before any base is applied, all of the required underground work (water mains, sewer lines, gas mains, underground electrical, etc.) and all service connections shall be installed completely and approved throughout the subdivision.
All new or replacement water supply systems, sanitary sewer systems, gas distribution systems, electrical distribution systems, together with attendant facilities, proposed to be located within an area subject to flood shall be designed and constructed to minimize or eliminate flood damage.
Section 124. Street or Road Base. The sub-base (dirt) shall have a minimum compaction of 95%. The Mineral Aggregate (gravel, unwashed, minimum size ¾”) shall be compacted to a minimum of six (6) inches. The six (6) inch requirement occurs when the base is completed (after compaction). The Bituminous Asphaltic Surface shall consist of no less than two (2”) inches of hot mix binder and a minimum of one (1) inch of bituminous top surface after compaction. If the sub-base cannot meet the 95% compaction requirement than a minimum of three (3”) inches of hot mix binder shall be used with the one (1”) inch of top surface after compaction and must be approved by the Street Superintendent.
Section 125. Surface Course Bituminous. Surface course bituminous plant-mix (hot mix) shall be in accordance to the Tennessee Department of Transportation’s “Standard Specifications for Roads and Bridge Construction” (and/or subsequent revisions), March 1 1981. When the surface course is completed the developer must notify the City Inspector and allow his office time to inspect the layers and provide his office with the job mix formula to ensure that proper materials are used during construction. (see illustration below)
Section 126. Storm Drainage. An adequate drainage system including necessary open ditches, pipes, culverts, intersectional drains, drop inlets, bridges, detention ponds (retention ponds are not recommended), etc., shall be provided for the proper drainage of all surface water.
NOTE: Cross drains should be provided to accommodate all natural water flow, and shall be of sufficient length to permit full width roadway and the required slopes. The size openings to be provided shall be determined by an engineer or the Decherd Street Superintendent, but in no case shall the pipe be less than twelve (12) inches. Cross drains shall be built on straight line and grade, and shall be laid on a firm base but not on rock. Pipes shall be laid with headwalls (either formed or commercially constructed) pointing in the direction of the flow and with the ends fitted and matched to provide tight joints and a smooth uniform system. They shall be placed at a sufficient depth below the roadbed to avoid dangerous pressure of impact, and in no case shall the top of the pipe be less than one (1) foot below the roadbed.
Section 127 Water Supply System. Water lines properly connected with the community water supply system shall be constructed in such a manner as to serve adequately, for both domestic use and fire protection, all lots shown on the subdivision plat.
Where public water systems are to be used a minimum or six(6”) mains shall be required, except along cross streets of one thousand (1000’) feet or less and in permanent cul-de-sacs unless required for fire protection. The location and types of valves and hydrants, the amount of soil cover over the pipes and other features of the installation shall be approved by the Utility System and the Planning Commission, and shall conform to accepted standards of good practice for water systems.
NOTE: All water and sewer lines to be connected shall conform to Title 18 Section 205 of the Decherd Municipal Code and Ordinance # 180 of the City of Decherd as follows:
(EXTRACT FROM THE CITY OF DECHERD MUNICIPAL CODE TITLE 18)
18-205. POLICY FOR DEVELOPERS, DECHERD WATER AND SEWER SYSTEM.
Developer will submit a complete set of plans for review to the Decherd Utility System (hereby known as “DUS”) showing all water and/or sewer lines to be installed (including services as required) prior to any construction of said utilities. These plans must be submitted on a time schedule allowing ample time for review by the DUS’s engineer.
The DUS’s engineer will develop a reasonable cost estimate for the water and/or sewer system to serve the development, including any off-site improvements that may be required to properly serve this development.
NOZTE: (Off-site improvements include any work that has to be done to the existing water distribution or sewer collection system (line replacement, upsizing of lines, etc.). If there presently is no existing line between the DUS and the proposed development, there will be no off-site improvements, except when the DUS requires the developer to install larger lines than are required by their development. In instances such as this, the DUS would either pay for the increase in utility size or credit the developer for the “upsizing” cost.
The developer will place 10% of the cost estimate (see note) with the DUS prior to plans being submitted to the Tennessee Department of Environment and Conservation for approval. The developer shall also place with DUS its surety bond or letter of credit for 100% of the estimated construction cost, to be released upon successful completion of the utilities (water/sewer).
NOTE: This 10% is to pay for engineering review, legal fees, and inspection. If 10% is not enough to cover all costs incurred by the DUS, the remainder shall be paid by the developer before water or sewer service is turned on.
The developer will install all water/sewer lines as per Tennessee State Department of Environment and Conservation approved plans, and the DUS’s Standard Specifications. DUS standard specs are available at a cost of $25.00 per copy (water/sewer) at the office of DUS.
The developer will pay to the DUS a privilege fee equal to one-half of the amount of the current water and sewer tap fee at the time of development for each lot or unit if multi-unit housing in the proposed development, if the existing water or sewer system is not to be upgraded. This amount is to be paid prior to any service being turned on to the development.
Developers will receive credit for off-site improvements by deducting privilege fees for lots, up to the full amount of the off-site improvements. This privilege fee credit per lot will be for the full amount of the current water/sewer tap fee.
If the costs of the off-site improvements exceed the amount of privilege fees, then the developer will have a credit with the DUS for privilege fees with future new development, but not for future off-site improvement costs. The ceiling amount assessed to the developer for sewer and/or water off-site improvements will be established by the board.
All lines installed either on-site or off-site of development will be inspected and approved only by the DUS’s personnel or the DUS’s designated representative, at the developer’s expense. (these inspection fees will be paid from the 10% mentioned in subsection (3).) No water or sewer service will be turned on by anyone except the DUS’s personnel.
A set of as-built plans showing all mains and services must be submitted within 60 days from completion of the utilities for approval by the DUS. If as-builts are not received within the 60 day limit, service will be discontinued. (This includes all required tests and results required by DUS.)
No water service will be turned on at any tap until a meter deposit is paid to the DUS and a meter installed by the DUS personnel.
The developer is responsible for obtaining all easements (15 foot min.) for line installation. These easements are to be deeded to the DUS prior to any line construction.
The developer will be responsible for a warranty period of one (1) year on any lines installed by him/her in the development or off-site improvements. If repairs are made to said lines by the DUS within the warranty time, the total cost of these repairs will be charged to the developer, and will not come from the 10% mentioned in subsection (3). Failure to pay for such repairs on a timely basis will constitute discontinuance of service to the development.
Any inspections required of the DUS by the developer on lines being installed will require at least two hours notice during regular working hours on scheduled work days.
No construction of any lines by the developer will begin until a contract is duly executed and all provisions in the developers policy have been satisfied to the DUS, including a copy of the plans reflecting Tennessee Department of Environment and Conservation approval.
Section 128 Sewage Disposal. When the subdivision is located within the service area of the Decherd public sewerage system, sanitary sewers shall be installed in such a manner as to serve adequately all lots with connection to the public system.
NOTE: See Section 127 for additional information.
Where lots cannot be economically connected with a sewerage system, each lot shall be required to pass tests required by the County Health Officer, contain adequate area for the installation of approved septic tank and disposal fields, and be approved in writing by the county health officer.
Section 129. Sidewalks. For the safety of pedestrians and of children at play or on approaches to community facilities (school, parks, etc.) installation of sidewalks on both sides of the streets shall be required of the developer ( when considered to be necessary by the Planning Commission).
When sidewalks are required, the following specifications shll be met: sidewalks shall be located not less than one (1) foot from the property line to prevent interference or encroachment by fencing, walls, hedges or other planting or structures placed on the property line at a later date. In single-family residential areas concrete sidewalks shall be four (4) feet wide and four (4) inches thick. In multi-family or group housing development sidewalks shall be five (5) feet wide and four (4) inches thick. In commercial areas, sidewalks shall be then (10) feet wide and four (4) inches thick.
Section 130. Guarantee in Lieu of Completed Improvements. No final subdivision plat shall be approved by the Decherd Municipal Regional Planning Commission or accepted for record by the Franklin County Register of Deeds, until one of the following conditions have been met:
All required improvements have been constructed in a satisfactory manner and approved by the Planning Commission; or
The Planning Commission has accepted a surety bond or certified check in an amount equal to the estimated cost of installation of the required improvements, whereby improvements may be made and utilities installed without cost to the city in the event of default by the subdivider.
NOTE: The Planning Commission should contact the appropriate official to determine cost of the necessary improvements.
Final Plat Specifications
Section 131. Final Plat Specifications. The final plat shall conform to and meet the specifications of the preliminary plat (Article X) with the following additions:
Bearings and distances to the nearest existing street lines or bench marks or other permanent monuments (not less than three (3) shall be accurately described on the plat for each lot);
Municipal, county and land-lot lines accurately tied to the lines of the subdivision by distance and angles when such lines traverse or are reasonably close to the subdivision;
Exact boundary lines of the tract, determined by an engineering field survey, giving distances to the nearest minute, which shall be balanced and closed with an error closure not to exceed on (1) to five thousand (5,000);
Name of subdivision, exact location, widths and names of all streets and alleys within the immediately adjoining tract;
Street centerlines showing angles of deflection, angles of intersection, radii and lengths of tangents;
Lot lines with dimensions to the nearest one-tenth (1/10) of a foot and bearings;
Lots numbered in numerical order and blocks lettered alphabetically;
Location dimensions and purposes of any easements and any areas to be reserved or dedicated for public use;
Accurate location, material and description of existing and proposed monuments and markers;
A statement, either directly on the plat or in an identified attached document, or any private covenants;
If any portion of the land being subdivided is subject to flooding, as defined in these regulations, the limit of such flooding shall be shown; and
Modifications, limitations and approval by the Health Authority (if necessary).
Section 132. Engineer’s or Surveyor’s Certification. A registered Engineer’s or Land Surveyor’s Certification shall be placed directly on the final plat as follows:
“It is hereby certified that this plat is true and correct and was prepared from an actual survey of the property by me or under my supervision; and that all monuments shown hereon actually exist or are marked as “future”, and their location, size, type and material are correctly shown; and that all engineering requirements of the Subdivision Regulations of Decherd, Tennessee, have been fully complied with.”
Section 133. Owner’s Certification. An owner’s certification shall be placed on the final plat, as follows:
State of Tennessee, County of Franklin”
“The owner of the land shown on this plat and whose name is subscribed hereto, in person or through a duly authorized agent, certifies that this plat was made from an actual survey and that all state, city and county taxes or other assessments now due on this land have been pain;”
Date: ______________________ Date: _____________________
Section 134. Certification of the City Engineer, County Health Authority City Attorney. Responsible Officials or the City Engineer designated by the Planning Commission, shall certify that the streets, drainage, utilities, sewage disposal system and other improvements indicated on the plat have been completed to proper specifications and per design standards. Where the required improvements have not been completed, the city attorney shall certify that approved bond, or security, have been posted to insure their completion.
Where septic tanks are to be used in lieu of public sewerage, the local health authority shall certify that lot areas shown on the plat are adequate to accommodate individual septic tank systems as restricted.
Section 135. Certificate of Dedication. A certification by the owner setting forth the description of the areas and improvements he dedicates to the public and the extent of the title which he is dedicating shall be placed on the final plat. This certificate should be approved as to form by the City Attorney.
Section 136. Certificate of Approval for Street Names.
(Created by Resolution ) ????
A certificate approving street names shall be placed on the final plat, as follows:
Certificate of approval for street names
I hereby certify that (1) the names of any existing streets shown on this subdivision plat are correct, (2) the names of any new streets do not duplicate any existing names, and (3) said names are in compliance with the adopted Franklin County Road Naming Standards.
Date Franklin County 911 Emergency
Communications District Representative
Procedure for Final Plat Approval
(See Article XV for Minor Subdivision)
Section 141. Application for Final Plat Approval. After the preliminary plat of a proposed major land subdivision has been given tentative approval by the Planning Commission, the subdivider may, within one (1) year from tentative approval, submit to the Planning Commission at least fifteen (15) days prior to the next regular meeting of said Planning Commission, the following:
A letter requesting review and approval of a final plat, giving the name and address of the person to whom the notice of the hearing by the planning Commission on the final plat shall be sent; and
Six (6) copies of the final plat and other documents, as specified in Article X
III, plus the original which shall be drawn in permanent ink on permanent reproducible material, equal to the standards required by the County Register of Deeds. Signatures and the required certifications shall not be placed on the reproducible copy but on all six (6) prints of the plat.
NOTE: The six (6) copies required here would provide:
One (1) original plat to be recorded in the files of the County Register;
One (1) copy for the records of the Planning Commission:
One (1) copy for the governing body;
One (1) copy for the City Engineer;
One (1) copy for return to the subdivider with inscriptions of the Planning Commission; and
One (1) copy for the Health Authority
Section 142. Reviews of Final Plat. The Planning Commission shall check the final plat for conformance with the tentatively approved preliminary plat, and with the rules and regulations of this document, and shall afford a hearing on the final plat, notice of the time and place of which shall be sent by registered or certified mail or in person, or by return requested digital means to the developer or their representative designated in the letter requesting final review and approval, not less than five (5) days prior to the date of the hearing.
Thereafter, the Planning Commission shall approve or disapprove the final plat. A notation of the action of the Planning Commission shall be made on the six (6) copies of final plat, including a statement of the reasons for disapproval if the plat is disapproved. If action on a final plat is not taken by the Planning Commission within thirty (30) days of the date of submittal, the final plat shall be considered approved and a certificate of approval shall be issued on demand. However, the applicant for approval may waive this requirement and consent to an extension of time.
Section 143. A Certificate of Approval of the Final Plat by the Planning Commission. If the subdivision is approved, the Secretary or designated representative of the Decherd Municipal Regional Planning Commission shall include a certificate of approval of the final plat directly on the copies of the plat, as follows:
“All the requirements of approval having been fulfilled pursuant to the Subdivision Regulations of Decherd, Tennessee, this final plat was given approval by the Decherd Municipal Regional Planning Commission effective ________________.
Date: ___________________ ____________________________________
Secretary, Decherd Municipal Regional
Note: All certifications with appropriate signatures shall be placed on all six (6) copies of the plat and any others that may be deemed necessary. Certifications could possibly be placed on the plats by means of rubber stamps, leaving a blank for the appropriate signature. No certifications or signatures should be placed on the reproducible copy.
Section 144. Recording of Final Plat. Upon approval of a final plat, the developer shall have the final plat recorded in the office of the Register of Franklin County.
Review procedure for Minor Subdivision Plats
Section 151. Whenever a minor subdivision is proposed, the requirements of Articles IX, X, and XIV shall not apply except as herein provided. The following procedure shall govern.
NOTE: A subdivision is considered minor when it contains four (4) or less lots and no streets, utilities or other improvements are to be made; see Article III for definition.
Section 152. The subdivider shall submit to a representative of the Planning Commission four (4) copies of a survey (hereafter called the “plat”) of the proposed minor subdivision prepared by an approved land surveyor or registered engineer, and copies of all Federal and State permits required for construction of the development shown on the plat.
Section 153. If any portion of the land being subdivided is subject to flood, as defined in Section 51 of these regulations, the limit of such flood shall be shown.
Section 154. The plat shall be clearly and legibly drawn at a suitable scale and shall contain all information normally required in an official survey with an engineer’s or surveyor’s certification plus:
The name and address of owner of record;
A vicinity map showing the location and acreage of the subdivision;
The existing streets, buildings, water courses, utilities and easements; and
The present zoning classification, in any on the land to be subdivided and on the adjoining land.
Certificates that shall be required are: (1) owner’s certification; (2) certificate of dedication; and (3) certification of approval directly on the plat as prescribed for the subdivision plats in Article XIII and any other certificates deemed necessary by the Planning Commission.
NOTE: Where septic tanks are to be used in a minor subdivision, the Planning Commission shall require certificates of approval by the Health Authority in which instance all requirements regarding submission of data review and approval procedures as applicable to major subdivisions shall apply.
Section 155. The Planning Commission shall check the plat for conformance to the rules and regulations and shall afford a hearing on the plat, notice of the time and place of which shall be sent by the Secretary of the Planning Commission or an appointed representative of the Planning Commission, by registered or certified mail or in person or by digital mail, to the person submitting the plat at least five (5) days prior to the date of the hearing. Thereafter the Planning Commission shall approve or disapprove the plat. A notation of action shall be made on all copies or the plat, including a statement of the reasons for disapproval, if the plat is disapproved. One (1) copy shall be returned to the subdivider or his agent, and one (1) copy kept in the records of the Planning Commission; one (1) copy sent to the City Engineer; one (1) copy shall be recorded in the office of the Franklin County Register; and one (1) copy shall be sent to the Franklin County health Authority if required.
If action is not taken by the Decherd Municipal Regional Planning Commission within thirty (30) days from the date of submittal, the plan shall be considered approved and a certificate of approval shall be issued on demand. However, the applicant for approval may waive this requirement and consent to an extension of time.
Variances and Amendments
Section 161. Variances. Variances may be granted where the Planning Commission decides that there are topographical or other non-man made conditions peculiar to the site, and a departure from these regulations will not destroy their intent. Any variances thus authorized shall be stated in writing in the minutes of the Planning Commission with the reasoning on which the departure is justified set forth.
Section 162 Amendments. These regulations may be amended from time to time by the Planning Commission. However, before enacting an amendment, the Planning Commission shall hold a public hearing thereon, at least fifteen (15) days notice of the time and place of which shall be published in a newspaper of general circulation in the city.