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