Amends TCA Section 13-3-402 and Section 13-4-302.

ON MARCH 21, 2022, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 2534, AS AMENDED.<br /> <br /> AMENDMENT #1 rewrites this bill and revises present law provisions governing plat approval by regional and municipal planning commissions.<br /> <br /> Generally under present law, if the planning commission has adopted and filed a regional or master plan, as applicable, then no plat of a subdivision of land within such region, other than land located within the boundaries of any municipal corporation, may be filed for record or recorded until it has been approved by the planning commission (or, in the case of a regional commission, the staff of the planning commission if this responsibility has been delegated to the staff), and such approval endorsed in writing on the plat by the secretary of the commission or by another designee of the planning commission. <br /> <br /> Present law provides an exception to the above-described provisions whereby, if the plat of subdivision divides the tract into no more than two 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 planning commission, upon certification by the planning staff of the planning commission that the subdivision complies with such regulations governing a subdivision of land as have been adopted by the planning commission; and provided further, that no request for variance from such regulations has been requested. This amendment revises the number of lots that triggers the exemption to be no more than 25 lots if the development received preliminary plan approval through the planning commission, or five lots if the development did not require preliminary plan approval through the planning commission. This amendment also provides for the certification being made by the planning staff instead of the planning commission, if the commission has delegated that responsibility to its planning staff.<br /> <br /> Present law provides that:<br /> <br /> (1) No plat may be submitted to or approved by the municipal planning commission unless it is submitted by the owner of the property to be subdivided by the plat, or a governmental entity; and<br /> <br /> (2) No plat may be submitted to or approved by the regional planning commission or the staff of the regional planning commission if this responsibility has been delegated to the staff by the regional planning commission as provided in subsection (c) unless it is submitted by the owner of the property to be subdivided by the plat, or a governmental entity.<br /> <br /> This amendment revises the above-described provisions to prohibit a county register from receiving, filing, or recording a plat of a subdivision, or an amendment, modification, or correction to a recorded plat of a subdivision, without the approval of the applicable planning commission, or the planning staff of the planning commission if this responsibility has been delegated to the planning staff. <br /> <br /> Under present law, a regional planning commission may delegate the responsibility for approval of a subdivision plat to the staff of the regional planning commission by a majority vote of the regional planning commission that is taken in a public meeting after being placed on the regional planning commission's meeting agenda and notice being provided as required for other matters before the regional planning commission. This amendment extends the authority to delegate certain responsibilities to staff to municipal planning commissions, and establishes parameters for such delegation. Generally under this amendment, the commission may only delegate the responsibility for approval of a subdivision plat that includes:<br /> <br /> (A) No more than 25 lots and only if the development received preliminary plan approval through the planning commission; or<br /> <br /> (B) No more than five lots if the development did not require preliminary plan approval through the planning commission; provided, that: the subdivision complies with such regulations governing a subdivision of land as adopted by the planning commission; no request for a variance from such regulations has been requested; and a division of land requiring new road or utility construction is not approved by the planning staff unless the plan received preliminary approval by the planning commission.<br /> <br /> This amendment prohibits a planning commission from delegating to its planning staff the authority to preliminarily approve, finalize approval of, or certify a subdivision plat, regardless of the number of lots proposed for the subdivision plan, unless the applicable legislative body or bodies approve such delegation by a majority vote of each applicable body.<br />