Appendix 205. ADMINISTRATIVELY APPROVED SUBDIVISIONS WITH VARIANCES

205.1

The plat is drawn to final plat standards and submitted to the Hamilton County GIS Department staff by the 24 ^th of a month for review at the next month's Planning Commission meeting. If the 24 ^th falls on a weekend or a holiday, the deadline is the next working day. A variance request per Section 111 is submitted to the Planning Commission staff.

205.2

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 or 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 an as 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 13-3-404. Since the plat is not considered to be submitted, the "60-day" deadline in TCA 13-3-404 does not apply.

205.3

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.

The Planning Commission will not defer a subdivision unless the developer has requested this in writing.

205.4

Vesting of Property Rights

Approval of an administratively approved subdivision with variances 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. No rights vest until a variance request is granted. 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)