Appendix 204. ADMINISTRATIVELY APPROVED SUBDIVISIONS

204.1

Limits of Applicability

For a subdivision to qualify for an administrative review and approval, the following requirements must be met:

a.

The subdivision must front on an existing accepted public street and must not require construction of any new public streets, except that subdivisions with three or less lots obtaining access by means of an easement may be administratively approved.

b.

The subdivision must contain no adverse topography, drainage or soil conditions.

c.

The subdivision must not require a variance from the adopted subdivision regulations of the community.

d.

The staff shall have the right and responsibility to withhold administrative approval and refer plats to the attention of the Planning Commission in any situation where the various reviewing agencies, utilities, or other interested parties are in disagreement; or in cases involving unusual land features or patterns of development.

e.

The proposed subdivision must not contain five or more contiguous flag lots to be platted by a single developer or his assigns.

f.

The proposed subdivision must not contain ten (10) or more new lots. (added 9-14-2009)

204.2

Procedure for Administratively Approved Subdivisions

204.2.1

The plat is drawn to final plat standards and submitted to the Hamilton County GIS Department staff. There is no deadline for this kind of plat.

204.2.2

The applicant can submit a filing in several ways. Submit two (2) paper copies if the plat was not prepared using CAD and is otherwise not available in electronic form. If the plat was prepared using CAD of is otherwise available in electronic form, submit either the CAD file on an acceptable computer medium or as an attachment to an electronic mail note. The applicant may choose to submit two (2) paper copies of any plat, but these are not required with CAD submittals. A CAD file submittal will be used only for purposes of creating document images and updating official maps. The electronic file will be treated as a trade secret for purposes of protecting it from disclosure to competitors. It shall be delivered for use in computers utilizing the Microsoft Windows operating system on a single 3.5-inch floppy disk formatted or as an electronic mail attachment. Acceptable CAD file formats are AutoCAD version 12 or later, MicroStation 95, and ArcView shapefile format. Failure to supply the required CAD file, delivery of fewer than two (2) paper copies if an electronic filing is not made, or delivery of unacceptable materials will result in rejection of the filing by the Hamilton County GIS Department staff. If the filing is rejected by the Hamilton County GIS Department staff, then there is no submittal of the plat under TCA 13-4-304. Since the plat is not considered to be submitted, the "30-day" deadline in TCA 13-4-304 does not apply.

204.2.3

The Hamilton County GIS Department staff reviews the paper copies, CAD file, or electronic file, as appropriate, to ensure that all required elements are present and legible, that the plat and electronic files, if submitted jointly, are consistent, and that the location data are correct. Any deficiencies or concerns will be noted on a paper or electronic copy of the plat and will be forwarded to the Planning Agency staff. The Planning Agency staff reviews the submittal. If paper copies are submitted, one paper copy is returned to the developer, surveyor, or other appropriate person by the Planning Agency staff. Planning Agency staff response to plats submitted only by electronic means shall be electronically transmitted.

204.3

Vesting of Property Rights

Approval of an administratively approved subdivision as provided herein vests property rights as provided for a final development plan as set forth in Tennessee Code Annotated Section 13-3-413 and 13-4-310. Approval date of administratively approved subdivision plats is the date of the last signature of approval required on the plat for recording.

(Added 12/8/14)