TENNESSEE PLANNING COMMISSIONER

HANDBOOK

Section I

Development of Planning in TN/Legal Basis for Planning

I know of no safe depository of the ultimate powers of society but the people themselves; and if we think them not enlightened enough to exercise their control with a wholesome discretion, the remedy is not to take it from them but to inform their discretion by education. 

Thomas Jefferson

Early plans focused on:

street development, public buildings, civic centers, railroads, and zoning regulations

Impressive but Expensive = Little implementation

• 1920 – First TN Municipal Planning Commission established in Memphis

• 1925 – Nashville

• 1927 – Johnson City

• 1931 – First TN County Planning Commission established in Shelby County

EARLY PLANNING EFFORTS

Tennessee Valley Commission Tennessee State Planning Board

1935 Enabling Legislation –(1) County Zoning Act, (2) Municipal Planning Act, (3) Municipal Zoning Act, (4) Municipal Subdivision Act .

Tennessee State Planning Commission – Staff hired to: (1) Prepare projects that were state or regional in scope; (2) collect data, conduct research, edit reports and publications, prepare special reports for the Governor; (3) extend local planning assistance to communities

TVA & THE CREATION OF STATE PLANNING

• TSPC LGPAC (Local Government Planning Advisory Commission)

• LGPAC – 7 local government officials appointed by the Governor

• Functions of LGPAC - (1) advice to the governor concerning local government conditions and inclusion of those needs in the state's general plan; (2) advice to the governor on the administration of local planning assistance, including the employment of professionally qualified planning personnel to provide services to local government; and (3) exercise of powers over regional planning commissions, including the creation of regions and appointment of members (amended in 1996)

TVA & THE CREATION OF STATE PLANNING (cont.)

SERVICES AVAILABLE TO LOCAL COMMUNITIES

• Local Planning Assistance Office1943 – 1st field office established in Johnson City, followed by Knoxville, Nashville, Jackson, Chattanooga, CookevilleCurrently serves approximately 212 cities/countiesFlexible services including long-range document preparation and day-to-day planning implementation assistance

• Development Districts

Created in the 1960’s to promote regional economic development

Membership composed of elected & appointed officials of the region

TN divided into 9 Development Districts

SERVICES AVAILABLE TO LOCAL COMMUNITIES (cont.)

THE LEGAL BASIS FOR PLANNING

Planning powers derive from a community’s police powers

Title 13 of TCA (planning/zoning)

Title 6 of TCA (growth planning)

MUNICIPAL PLANNING COMISSIONS

Powers & Duties:•Prepare & Adopt A General Plan - the general plan may cover any service which the municipality might provide, as well as guidance for

many private activities

•Make Advisory Reports & Recommendations - the commission may advise any body, public or private, whether a project or activity is in agreement with the general plan; may also request and obtain information from various public agencies; powers are advisory only

•Mandatory Referral – power to review and comment on public projects prior to construction; the law provides that all state, county, and local agencies and officials having jurisdiction over public projects (including private

utilities)must comply with the referral requirement

MUNICIPAL PLANNING COMMISSIONS POWERS & DUTIES (cont.)

• Subdivision Regulations & Site Plan Review

•TCA defines what constitutes a subdivision; provides that no plat may be recorded until it is approved by the planning commission; prohibits a county register from recording a plat until it is duly approved; provides procedures for the adoption of regulations and submission of plats; and provides penalties for transfer or sale of lots in unapproved subdivisions

•authority to consider the spatial relationships and timing of new developments •provides for PC review of new streets and utilities•Site plan review of building layouts – enforced through zoning

•definitions encompass all divisions of property including commercial and industrial subdivisions

MUNICIPAL PLANNING COMMISSIONS POWERS & DUTIES (cont.)

• Prepare & Recommend a Zoning Ordinance and Map

•prepare and certify to the legislative body a zoning plan that includes the full text of a zoning ordinance and zoning map

•MPC must comment on changes or departures from text and/or map proposed by legislative body

•All PC recommendations may be overridden by legislative body

•No role in administration of zoning

•All amendments to the text or map after adoption must be submitted to the MPC for review and comment

REGIONAL PLANNING COMISSIONS

Powers & Duties:•Promote Cooperation & Coordination – promote cooperation among city governments and county officials; provide coordination and consistency between municipal and county plans

•Review Public Improvements - advise both the county and any municipal legislative body with respect to the formulation of public improvement

programs and the means of financing such programs

•General Regional Plan – same general responsibilities as the municipal plan, but includes wording specific to land utilization and population distribution; plan, regulate, and time the development of such things as utilities and housing areas; preservation of agricultural areas

REGIONAL PLANNING COMMISSIONS POWERS & DUTIES (cont.)

• Subdivision Regulations & Site Plan ReviewSame subdivision definition and review authority, but also includes wording specific to the timing of development with the availability of public services and facilities

As in municipal planning, site plan review is conducted through zoning

• Mandatory ReferralReferral powers not as broad as municipal powers: covers only roads, highways, and utilities in public roads

RPC must comment before County Commission accepts, lays out or locates a road

RPC allowed to comment before construction of any new State roads

REGIONAL PLANNING COMMISSIONS POWERS & DUTIES (cont.)

• Prepare & Certify Zoning Resolution and Map•prepare and certify to the legislative body a zoning plan that includes the full text of a zoning resolution and zoning map

•RPC must comment on changes or departures from text and/or map proposed by legislative body

•the caption and summary of the zoning resolution must be published in a newspaper of general circulation prior to adoption

•All amendments to the text or map after adoption must be submitted to the RPC for review and comment

TENNESSEE PLANNING COMMISSIONER

HANDBOOK

Section II

The Comprehensive Planning Process

WHAT IS PLANNING?

• Planning consists of finding out where you are, where you want to go, and how to get there.

• Decisions will be made whether or not there is a community planning program. The difference is that with a good community planning program, there is a greater likelihood that these diverse decisions will be made in a more sensible relationship to one another .

THE COMPREHENSIVE PLANNING PROCESS

Identification of Issues & Problems– the reasons for undertaking planning; establishing direction

Inventory of Community Conditions & Problems- a description and analysis of the community’s environmental, social, and economic characteristics

Formulation of Community Goals & Objectives- the major themes that characterize the community’s direction and purpose and the means of realizing them

Formulation of Policies & Plan- the adoption of specific statements to guide community decision-making

Implementation of Plan- the adoption of land-use regulations; capital improvements; day-to-day decisions of the staff, commission, and elected officials

THE COMPREHENSIVE PLANNING PROCESS (cont.)

Plan Review- keeping the plan up-to-date and useful through scheduled review and revision

SEVEN ELEMENTS OF THE COMPREHENSIVE PLAN

• Introduction

• Background for Planning

• Economy & Population

• Land Use & Transportation Plan

• Community Facilities Plan

• Public Improvements Program

• Implementation Plan

FOUR PURPOSES OF THE COMPREHENSIVE PLAN

• The Plan represents the community’s vision for the future

• The Plan fulfills a legal obligation

• The Plan is a Guide for decision making

• The Plan provides a single cover for land use, utility, recreation and transportation policies

TENNESSEE PLANNING COMMISSIONER

HANDBOOK

Section III

Plan Implementation

SUBDIVISION REGULATIONS

Steps of plat approval process

Street acceptance

Remedies

Restrictive covenants

“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 to the context, relates to the process of resubdividing or to the land or area subdivided.

Definition

ZONING

Watershed decisions

Ambler v. Euclid

Spencer-Sturla Co. v. City of Memphis

Special Cases

Zoning Special Cases

• Agricultural land and/or buildings

• Historic Zoning

• Airport Zoning

• Solid waste facilities

• Residences of retarded or handicapped persons

• Manufactured residential dwellings

• Telephone and telegraph facilities

• Tellico River Development Authority

• Transfer of development rights

• Contract zoning

• RLUIPA

ZONING

Adoption & amendment

Enforcement & administration

Watershed decisions

Special Cases

BOARD OF ZONING APPEALS

Three Statutory Functions:

1. Administrative review of decisions, interpretations and orders of the Building Commissioner or other administrative officer.

2. Decisions on special exceptions defined in the ordinance, interpretation of the zoning map or other "special questions."

3. Granting of variances pursuant to the statute.

CAPITAL BUDGET

• Target Date/Population Milestone

• Five-Year Increments

• Financial Plan

• Update,re-evaluate, re-prioritize annually

TENNESSEE PLANNING COMMISSIONER

HANDBOOK

Section IV

Planning Commission Conduct; Officers, Staff & Procedures; Citizen Participation;

Training & Continuing Education

PLANNING COMMISSION CONDUCT & ETHICS

• The American Planning Association's "Statement of Ethical Principles for Planning" "establishes guidelines for ethical conduct to assure that those individuals whose decisions and actions have long-range consequences for later generations may merit the respect and confidence of other officials, public employees, professional planners, and the public."

LEGAL ASPECTS OF P.C. CONDUCT

• Sunshine Law (TCA 8-44-102)

• Conflicts of Interest (TCA 12-4-101)

• Ex-Parte Contact

• Due Process

OFFICERS, STAFF & PROCEDURES

• Chair• Secretary• Intergovernmental Context• Staff Relations• Bylaws• Quorum• Parliamentary Procedures• Agendas

CITIZEN PARTICIPATION

• Public Presentations• Public Hearings• Testimony at Meetings• Citizen Advisory Committee• Public Opinion Surveys• News Articles• Radio & Television• Internet Sites

TRAINING & CONTINUING EDUCATION

• Public Chapter 862: Four hours for Planning Commissioners/Boards of Zoning Appeals members

• Eight hours for Administrative Officers/Professional Planning Staff