15 May 2014

Presenter – Benjamin J. Moorman, RLSPresident of Benchmark Associates, Inc.Immediate Past President of theTennessee Association of Professional Land Surveyors

Topic: Exempt Plats and the Recording Thereof

1) Current Confusion2) Past and Pending Legislation3) Current Statutes4) Certificate of Plats of Record5) Examples of Plats of Record6) TAPS Role and Goals in Relinquishing Confusion

607 W. Due West Avenue, Suite 96, Madison, TN 37115-4425 Phone: (615) 860-9311

Tennessee Code Annotated §13 3 401 ‐ ‐ 13 3 401. Chapter definitions.‐ ‐

As used in this chapter, unless the context otherwise requires:

• (1) “Plat” includes plat, plan, plot, or replot;

• (2) “Regional planning commission” means any regional planning commission established by the department of economic and community development as provided by law, and includes any municipal planning commission designated by the department a the regional planning commission of a planning region composed of the territory of a single municipality, together with the territory adjoining but outside of such municipality, no part of which is outside the municipality’s urban growth boundary or, if no such boundary exists, more than five (5) miles beyond the limits of such municipality;

• (3) “Road” or “roads” means, relates to and includes roads, streets, highways, avenues, boulevards, parkways, lanes or other ways or any part thereof;

• (4) (A) “Subdivision” means, in any county having a population of not less than thirty two thousand seven hundred (32,700) ‐nor more than thirty two thousand seven hundred sixty (32,760), according to the 1980 federal census or any subsequent ‐federal census, the division of a tract or parcel of land into two (2) or more lots, sites or other divisions for the purpose, whether immediate or future, of sale or building development, and includes resubdivision and, when appropriate to the context, relates to the process of subdividing or to the land or area subdivided; provided, that “subdivision” does not include a division of any tract or parcel of land into two (2) or more tracts or parcels when such parts or parcels are five (5) acres or larger in size; and

• (4) (B) (i) “Subdivision” means, in all counties except those in subdivision (4)(A), 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 to the context, relates to the process of resubdividing or to the land area subdivided.

• (4) (B) (ii) As used in subdivision (4)(B)(i), “utility construction” does not include the mere extension of individual service pipes or lines for the purpose of directly connecting a single lot, site or other division to existing utility mains.

Tennessee Code Annotated §13 3 402 ‐ ‐

13 3 402. Regional planning commission platting authority – Recording plat by County Register. ‐ ‐

• (a) (1) From and after the time when the regional planning commission of any region, as defined and created by the department of economic and community development, has adopted a regional plan which includes at least a major road plan or has progressed in its planning to the state of the making and adoption of a major road plan, and has filed a certified copy of such major road plan in the office or offices of the county register or registers of the county or counties lying in whole or in part in such region, then no plat of a subdivision of land within such region, other than land located within the boundaries of any municipal corporation, shall be filed for record or recorded until it has been approved by such regional planning commission, and such approval endorsed in writing on the by the secretary of the commission or by another designee of the regional planning commission; provided, that if the plat of subdivision divides the tract into no more than two (2) lots, the approval may be endorsed in writing on the plat by the secretary of the commission, upon certification by the planning staff of the regional planning commission that the subdivision complies with such regulations governing a subdivision of land as have been adopted by the regional planning commission pursuant to 13 3 403; provided further, that no request for variance from such regulations ‐ ‐has been requested.

• (2) No plat shall be submitted to or approved by the regional planning commission unless it is submitted by the owner of the property to be subdivided by the plat, or a governmental entity. “Owner,” for purposes of this section, means the legal or beneficial owner or owners of all the land proposed to be included in the proposed subdivision, or the holder of a written option or contract to purchase the land, or the attorney or authorized representative of the aforementioned.

• (b) No county register shall receive, file or record a plat of subdivision, or an amendment, modification, or correction to a recorded plat of subdivision, without the approval of the regional planning commission when and as required by this part. Each such plat so filed shall include the most recent recorded deed book number and page number for each deed constituting part of the property being platted. Notwithstanding this subsection (b), an easement or survey attached to an easement granted to the state, a county, municipality, metropolitan government, or entity of the state, county, municipality or metropolitan government, shall not constitute an amendment, modification, or correction of a recorded plat of a subdivision.

Tennessee Code Annotated §13 4 301 ‐ ‐

13 4 301. Part definitions. ‐ ‐

As used in this part, unless the context otherwise requires:

• (1) “Chief legislative body” means the chief legislative body of the municipality, whether designated board of aldermen, board of commissioners or by other title;

• (2) “Plat” includes plat, plan, plot or replot; • (3) “Street” or “streets” means and includes streets, avenues, boulevards, roads, lanes, alleys and other ways; and

• (4) (A) “Subdivision” means, in any county having a population of not less than thirty two thousand seven hundred ‐(32,700) nor more than thirty two thousand seven hundred sixty (32,760), according to the 1980 federal census or any ‐subsequent federal census, the division of a tract or parcel of land into two (2) or more lots, sites or other 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 to the context, relates to the process of resubdividing or to the land or area subdivided.

• (4) (B) (i) “Subdivision” means, in all counties except those in subdivision (4)(A), 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 to the context, relates to the process of resubdividing or to the land area subdivided.

• (4) (B) (ii) As used in subdivision (4)(B)(i), “utility construction” does not include the mere extension of individual service pipes or lines for the purpose of directly connecting a single lot, site or other division to existing utility mains.

Tennessee Code Annotated §13 4 302 ‐ ‐

13 4 302. Submission of subdivision plats to commission for approval – Filing and recording. ‐ ‐

• (a) From and after the time when the planning commission of any municipality shall have adopted a master plan which includes at least a major street plan, or shall have progressed in its master planning to the stage of the making and adoption of a major street plan, and shall have filed a certified copy of such major street plan in the office of the county register of the county in which the municipality is located, no plat of a subdivision of land within the municipality shall be filed or recorded until it shall have been submitted to and approved by the planning commission and such approval entered in writing on the plat by the secretary of the commission or by another designee of the regional planning commission; provided, that if the plat of subdivision divides the tract into no more than two (2) lots, then the approval may be endorsed in writing on the plat by the secretary of the commission or by another designee of the planning commission without the approval of the municipal planning commission, upon certification by the planning staff of the municipal planning commission that the subdivision complies with such regulations governing a subdivision of land as have been adopted by the municipal planning commission pursuant to §13 4 303; and provided further, that no request ‐ ‐for variance from such regulations has been requested.

• (b) No plat shall be submitted to or approved by the planning commission unless it is submitted by the owner of the property to be subdivided by the plat, or a governmental entity. “Owner,” for purposes of this section, means the legal or beneficial owner or owners of all the land proposed to be included in the proposed subdivision, or the holder of a written option or contract to purchase the land, or the attorney or authorized representative of any of the aforementioned.

• (c) No county register shall file or record a plat of a subdivision of land, or an amendment, modification, or correction to a recorded plat of a subdivision, within the municipality without the approval of the planning commission as required by this part. Notwithstanding this subsection (c), an easement or survey attached to an easement granted to the state, a county, municipality, metropolitan government, or entity of the state, county, municipality or metropolitan government, shall not constitute an amendment, modification, or correction of a recorded plat of a subdivision.

Exempt Plat Certificate of Approval

This plat is exempt from the requirements of the Minimum Subdivision Regulations based on the provisions of Section 13-3-401 of Tennessee Code Annotated, because (A) no new street or utility construction is required, and (B) all resultant tracts are over five (5) acres in size. Certifications which demonstrate compliance with other applicable state laws and local ordinances are properly affixed and the boundary of the survey was checked for accuracy.

Registered Land Surveyor Date

Exempt Plat Certificate of Approval (Considered Revision)

This plat is exempt from the requirements of the Minimum Subdivision Regulations based on the provisions of Sections 13-3-401 and 13-4-301 of Tennessee Code Annotated, because (A) no new street or utility construction is required, and (B) all resultant tracts are over five (5) acres in size. All resultant tracts of this plat do have access to a public road right-of-way by virtue of direct access or an access easement represented hereon. Certifications which demonstrate compliance with other applicable state laws and local ordinances are properly affixed and the boundary of the survey was checked for accuracy. This plat is also exempt from the provisions of Sections 13-3-402 and 13-4-302, because this plat does not qualify as a Subdivision Plat as represented above.

Registered Land Surveyor Date

15 May 2014

Presenter – Benjamin J. Moorman, RLSPresident of Benchmark Associates, Inc.Immediate Past President of theTennessee Association of Professional Land Surveyors

Topic: Exempt Plats and the Recording Thereof

1) Current Confusion2) Past and Pending Legislation3) Current Statutes4) Certificate of Plats of Record5) Examples of Plats of Record6) TAPS Role and Goals in Relinquishing Confusion

607 W. Due West Avenue, Suite 96, Madison, TN 37115-4425 Phone: (615) 860-9311