SUBDIVISION REGULATIONS

 

                         City of Oak Ridge, Tennessee

 

ARTICLE I.  GENERAL PROVISIONS

     

      A.    Purpose and Policy

           

            1.    Land Regulation and the Public Welfare

 

                  Land subdivision is the first step in the process of community development.  Once land has been divided into streets, lots and blocks and publicly recorded, the correction of defects is costly and difficult. Subdi­vision of land sooner or later becomes a public res­ponsibility, in that roads and streets must be main­tained and various public services customary to urban areas must be pro­vided.  The welfare of the entire community is thereby affected in many important res­pects.  It is, therefore,   in the interest of the public, the developer and the future owners that subdivisions be conceived, designed, and developed in accord­ance with sound rules and proper minimum stand­ards.

 

                  These regulations shall supplement and facilitate the enforcement of the provisions and standards contained in the Building and Housing Codes, Zoning Ordinance, Comprehensive Plan, Capital Improvements Plan, and Storm Water Erosion Control Ordinance.

 

            2.    Major Road Plan and Other Purposes

 

                  A Major Road Plan, a certified copy of which was originally filed in the office of the Register of Anderson County, Ten­nes­see, on May 14, 1957, (as subsequently amended from time to time) and the following standards guiding the Planning Commis­sion, are designed to provide for the harmonious development of the region and its environs; for the coordina­tion of roads in the subdivided land with other exist­ing or planned roads; for adequate open spaces for traffic, light, air, and recrea­tion; for the conservation of or production of adequate transporta­tion, water, drainage and sanitary facilities; for freedom from flooding; for the avoidance of population congestion; and for the avoidance of such scattered or premature subdivi­sion of land as would involve danger or injury to health, safety or prosperity by reason of the lack of water supply, drainage, transportation or other public service or would necessitate an excessive expenditure of public funds for the supply of such services.

 

            3.    Policy Regarding Costs and Maintenance

 

                  It has been, and is, intended for the public welfare that to the extent pos­sible newly-developing areas of the community bear the costs of their own improvements and the burden of their additional public ser­vices; that the stand­ards for con­struct­ing such public improve­ments encourage the lowest feasible long-term costs of their maintenance; and that provision of such addi­tional homes and busi­nesses not impose an undue burden on the population already present.  Such burdens may be offset by dedications of land for public purposes or by fees for the provision of speci­fic facilities to serve the new population, as may be determined by the Oak Ridge City Council.  However, in the event that the Planning Commission determines that favorable economic development and orderly advance planning suggests that the City should contribute to some of the up-front infrastructure costs in order to over-size roads or utilities for ultimate build-out needs, which costs can then be recouped by the City when additional nearby development occurs within a reasonable period of time, then the Commission may recommend to the City Council that City funding be allocated to such a project through an assessment district or other appropriate funding mechanism.

 

                  The City of Oak Ridge Standard Construction Requirements and Details (SCRD) set forth in greater detail methods and materials of construction to help achieve these objectives and constitute a subset of the Subdivision Regulations.

 

            4.    Special Provisions and Conditions

 

                  Provision has been made to allow Planned Unit Developments (PUD's) to effect more desirable environments through profes­sional use of   flexible standards for land development.  Planned Unit Develop­ments and additional Hillside Standards provide various suitable methods for dealing with problems unique to land development of unusual character or in defined areas of relatively steep hillsides.

 

         5.   Land which the Planning Commission has found to be unsuitable for subdivision due to flooding, bad drainage, steep slopes, observable karst features, rock formation or other features likely to be harmful to the safety, health, and general welfare of the future residents shall not be subdivided unless adequate methods approved by the Planning Commission are formulated by the developer for meeting the problems created by the subdivision of such land.

 

 

      B.    Authority

 

            The Subdivision Regulations of the City of Oak Ridge, Tennessee are enacted under the authority listed below.  The Oak Ridge Regional Planning Commis­sion has fulfilled the requirements set forth in the acts below as pre­requisite to the adoption of such standards.

 

            1.    Tennessee Code Annotated

 

                  Laws of the State of Tennessee, as listed in the Tennessee Code Annotated (T.C.A.): authority origin­ally approved under T.C.A. Title 13, Sec. 13-201 through Sec. 13-209 and Sec. 13-301 through 13-311, Official Edition dated January 1, 1956; and such authority later recodified and referenced as Chapter 13, Sec. 13-3-101; Sec. 13-3-103 through 13-3-105; 13-3-301 through 13-3-304; Sec. 13-3-401 through 13-3-411; Sec. 13-4-103 through 13-4-105; Sec. 13-4-201 through 13-4-203; and Sec. 13-4-301 through 13-4-309 of the 1987 Official Edition, the 1990 and 1991 Supple­ments, and as subsequently amended.

 

            2.    The Home Rule Charter of the City of Oak Ridge, incorp­orated May 5, 1959, as first approved by election on November 7, 1962, and as subsequently amended.

 

            3.    Ordinances and Resolutions of the City of Oak Ridge, Tennessee.

 

            4.    Resolutions of the Oak Ridge Regional Planning Commission adopting or amending the Subdivision Regulations.

 

      C.    Jurisdiction

 

            These Regulations govern the subdivision of land within the Oak Ridge Planning Region, as established by resolutions of the Tennessee State Planning Commission dated August 1, 1955; February 12, 1957; September 20, 1957; and May 19, 1959; resolutions of the successor Local Government Plan­ning Advisory Committee; and within the bound­aries of the City Of Oak Ridge, as incorporated May 5, 1959, and as subse­quently amended by annexa­tions of the City of Oak Ridge.  The Oak Ridge Regional Planning Commis­sion acts as a municipal plan­ning commission within the corporate limits of the City of Oak Ridge, in accord with the Home Rule Charter, and as a regional planning commission elsewhere  as approved by the State.

 

            Any owner of land lying within the Oak Ridge Planning Region wish­ing to subdivide such land shall submit to the Oak Ridge Plan­ning Com­mission at the Community Development Department, Municipal Build­ing, a plat of the subdivision according to the procedures set forth in Article III, which plat shall conform to the minimum requirements set forth in Article IV.  Improvements shall be designed and installed as required by Article   IV and V of these regulations, and as specified in the SCRD.

 

      D.    Enactment

 

            Following a public hearing, these Regulations were approved by resolution of the Oak Ridge Regional Planning Commission on February 24, 2000, and ratified by resolution of the Oak Ridge City Council, Ordinance No. 27-00, approved on December 4, 2000.

 

      E.    Severability

 

            It is intended that, if any section, subsection, paragraph, sent­ence, phrase, word, or other portion of these regula­tions shall be found unconstitutional or invalid by the valid action of any court of competent jurisdiction for whatever reason in its application to any agency, person or circumstance, the remainder of these regula­tions and their application to any other agency, person or circum­stance shall not be affected thereby, and they shall continue in full force and effect.

 

      F.    Amendments

 

            Amendments to these regulations may be enacted from time to time, following the procedures prescribed by State law and the Charter of the City of Oak Ridge.

      G.    Variances

 

            Where the subdivider can show that a provision of these Subdivision Regulations would cause unneces­sary hardship if strictly adhered to, and where, because of the topo­graphical or other conditions peculiar to the site, in the opinion of the Plan­ning Commission, a departure may be made without destroying the intent of such provi­sions, the Planning Commission may authorize a variance.  Any vari­ance thus authorized is to be stated in writing in the minutes of the Planning Commission with the reasoning on which the departure was justified set forth.

 

            The Planning Commission shall not authorize variances to these regulations unless they shall make findings based upon the evidence presented to them in each specific case that all of the follow­ing conditions apply:

 

            1.    Because, by reason of exceptional narrowness, shal­low­ness or shape of a specific piece of property existing prior to enactment of these regulations, or by reason of exceptional topographic conditions or other extra­ordinary and exceptional situation or condition of such piece of property, the strict application of any of these regulations would result in peculiar and exceptional practical difficulties to or exception or undue hardship upon the owner of such property.

 

            2.    The conditions upon which the request for a variation is based are peculiar to the property for which the variation is sought and are not applicable, generally, to other property, and have not been created by any person having an interest in the property.

     

            3.    Such relief may be granted without substantial detri­ment to the public good and without impairing the intent and purpose of these regulations.

 

      H.    Administration

 

            1.    Interpretation and Conflict

 

                  Words and phrases not elsewhere defined shall have their common meaning.  Words and phrases defined in these regulations shall have the meaning set forth in such definition.  In the event a question shall arise, the City   shall interpret such term, meaning or regulation.

 

            2.    Enforcement, Violation and Penalties

 

                  The enforcement of these standards and penalties for the unapproved recordation or transfer of land is provided by State law in the authority granted by public acts of the State of Tennessee.

 

                  a.    Enforcement

 

                        (1)   No plat or plan of a subdivision of land into two or more lots located within the planning region shall be admitted to the land records of the county or received 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 T.C.A. Title 13, Chapter 3, Section 13-3-402, and Chapter 4, Section 13-4-302, or as subsequently amended.

 

                        (2)   No board, public officer or authority shall accept, lay out, open, improve, grade, pave or light any road, or lay or authorize water mains or sewers or connections or other facilities or utilities to be laid in any road located within the Oak Ridge Planning Region, unless such road shall have been accepted, opened or otherwise have received the legal status of a public road, prior to the adoption of these stand­ards, or unless such road corresponds in its location and lines with a road shown on a sub­division plat approved by the Planning Commission, or on a road plan made and adopted by the Com­mis­sion, or as provided in T.C.A. Title 13, Chapter 3, Section 13-3-406 or Chapter 4, Section 13-4-307, 1987.

 

                        (3)   The process of subdividing land, as defined by T.C.A. Title 13, Chapter 3, Section 13-3-401(4)(B), merely  by deed or metes-and-bounds description does not comply with these regulations, and shall be considered in violation thereof.

 

                  b.    Penalties

     

                        (1)   No county register shall receive, file or record a plat of a subdivision within the planning region without the approval of the Planning Commission as required in T.C.A. Section 13-3-402 and/or Section 13-4-302, 1987, and any county register so doing shall be deemed guilty of a mis­demeanor, punish­able as other misdemeanors as provided by law.

 

                        (2)   Title 13, Chapter 3, Section 13-3-410 of the Official Edition of the Tennessee Code Annotated, 1987, provides that:

 

                              Whoever, being the owner or 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 Regional Planning Com­mis­­sion and obtained its approval as required by this part and before such plat be recorded in the office of the approp­riate county register or who falsely repre­sents to a prospective purchaser of real estate that roads or streets will be built or con­structed by a county or other political subdivision, 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.  Provided, however, the owner or agent of any land may sell, trans­fer or agree to sell any lot or lots shown on a plan having been given tentative approval by the Regional Planning Commis­sion; and provided, further, the owner or agent post bond in form and amount and with conditions and surety satisfactory to said Regional Planning Com­mission, providing for and securing to the public the actual con­struction and installation of such improve­ments and utilities within a period speci­fied by the Commission and expressed in the bond.  The county, through its county attorney, or other official designated by the county legislative body, may enjoin such transfer or sale or agreement by action or injunction.

 

                        (3)   Within the City of Oak Ridge, the City   may enjoin the unapproved transfer or sale of property as specified above by action for injunction as provided in T.C.A. Section 13-4-306, or as may hereafter be amended.

 

                        (4)   No building permit or certificate of compliance shall be issued and no building or structure shall be erected, unless the lot where the construction is to occur has access to:

 

                              (a)   a public street; or

                              (b)   a street which corresponds in its location and lines with a street shown on a subdivision plat approved by the Planning Commission; or

                              (c)   such lot fronts upon a permanant easement with access to a public street;

                              NOTE: (a) through (c) are based on T.C.A. Title 13, Chapter 3, Section 13-4-308, 1987.

 

                        (5)   Any building or structure erected or to be erected in violation of the subdivision standards shall be deemed an unlawful building or structure and the City   may bring action to enjoin such erection or cause it to be vacated or removed as provided in T.C.A. Title 13, Chapter 3, Section 13-4-308, 1987.

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