Franklin Subdivision Regulations • January 1, 2022 Subdivision Regulations • 1 S U B D I V I S I O N R E G U L A T I O N S F R A N K L I N D A T E E F F E C T I V E J A N U A R Y 1 , 2 0 2 2
Subdivision Regulations • 2 Franklin Subdivision Regulations • January 1, 2022
Franklin Subdivision Regulations • January 1, 2022 Subdivision Regulations • 3 TABLE OF CONTENTS Chapter 1. General Provisions 6 1.1 Purpose 6 1.2 Authority 6 1.3 Applicability 6 1.4 Adoption and Effective Date 6 1.5 Amendments 6 1.6 Conflicts 6 1.7 Validity 6 Chapter 2. Development Standards 7 2.1 Urban Design Principles 7 2.2 Compliance With Other Standards 7 2.3 Suitability of the Land 7 2.4 Streets and Alleys 8 2.5 Lots 8 2.6 Easements 8 Chapter 3. Infrastructure Requirements 9 3.1 General Requirements 9 3.2 Water Supply System 9 3.3 Sanitary Sewerage System 9 3.4 Stormwater Management 9 3.5 Fire Hydrants 9 3.6 Right-Of-Way Dedication 9 3.7 Street Lighting 9 3.8 Street Sign Poles and Street Signs 9 3.9 Underground Utilities 9 3.10 Parkland Improvements 9 3.11 Landscaping Improvements 9 3.12 Maintenance and Supervision 10 3.13 Monuments and Pins 10 Chapter 4. Procedures 11 4.1 General Procedure 11 4.2 Preliminary Plat 11 4.3 Final Plat 16 4.4 Variations and Exceptions 19 4.5 Appeals 19 4.6 Enforcement 20
Subdivision Regulations • 4 Franklin Subdivision Regulations • January 1, 2022 Chapter 5. Certificates 21 5.1 Certificates 21 5.2 Certificate of Ownership 21 5.3 Certificate of Survey 21 5.4 Certificate of Approval of Water and Sewer Systems 21 5.5 Certificate of Approval of Streets, Drainage, Sidewalks, and Green Infrastructure 22 5.6 Certificate of Approval for Recording 22 5.7 Certificate of Approval of Subdivision Name, Street Names, and Addressing 22 5.8 MTEMC Signature 23 Chapter 6. Definitions 24
Franklin Subdivision Regulations • January 1, 2022 Subdivision Regulations • 5 How to Use the Subdivision Regulations The Subdivision Regulations set the development standards for the subdivision of land, including requirements for design principles, suitability of the land, streets and alleys, lots, and easements, all of which are found in Chapter 2. Infrastructure requirements, such as water supply, sanitary sewerage, stormwater management, fire hydrants, right-of-way dedication, street lighting, underground utilities, parkland improvements, and landscape improvements are found in Chapter 3. The Subdivision Regulations provide the procedures for how to subdivide land within the City, which are found in Chapter 4. Subdividing land into more than two lots is a two-step process. The first step is the preliminary plat, which involves proposing a layout for a subdivision that complies with the development standards and infrastructure requirements of the City. The second step is the final plat, which involves finalizing the layout in a format suitable for recording with the Register’s Office of Williamson County. When land is subdivided into two lots, a final plat is the only required step. The final plat is also used to create individual lots not involving subdivision of land, to dedicate public right-of-way, to create easements, and to address minor changes proposed to lots that do not involve the creation of a new lot. The certificate requirements, which are required on final plats, can be found in Chapter 5.
Subdivision Regulations • General Provisions • 6 Franklin Subdivision Regulations • January 1, 2022 1.1 Purpose The Subdivision Regulations are designed to provide for the harmonious development of the City; to secure a coordinated layout and adequate provision for traffic; and to secure adequate provision for light, air, recreation, transportation, water, drainage, sewerage and other facilities. The following standards set forth the procedures and standards for the preparation and submittal of preliminary and final plats. 1.2 Authority The Franklin Municipal Planning Commission (FMPC), is responsible for adopting, administering, and amending the Subdivision Regulations, per the authority granted by the Tennessee General Assembly by Title 13, Section 13-3-101 through Section 13-3-304 and Section 13-3-401 through Section 13-3411 of the Tennessee Code Annotated (T.C.A.), as amended, and other pertinent statutes for the establishment of regulations governing the subdivision of land. 1.3 Applicability These Subdivision Regulations shall govern all subdivision of land within the corporate limits of the City of Franklin, hereafter referred to as the City. 1.4 Adoption and Effective Date These Subdivision Regulations were adopted by FMPC Resolution 2021-140 and are effective as of January 1, 2022. The Subdivision Regulations were initially adopted on April 12, 1966 and became effective on April 15, 1966. Any area of land recorded by deed prior to April 12, 1966 is a lot of record. 1.5 Amendments The FMPC may from time to time amend these regulations by appropriate action taken at a regularly scheduled meeting after the required notice and holding of a public hearing. A thirty-day public notice of the date, time, and location of the public hearing shall be published in a daily newspaper of general circulation. An amendment becomes effective when the FMPC approves it, unless otherwise noted. 1.6 Conflicts Whenever there is a conflict between minimum standards or dimensions in the Subdivision Regulations and those contained in other adopted codes, ordinances, standards and specifications, or plans, the more restrictive standard shall apply. 1.7 Validity If any section, clause, paragraph, provision or portion of these Subdivision Regulations shall be held invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect any other section, clause, paragraph, provision or portion of these regulations. Chapter 1. General Provisions
Franklin Subdivision Regulations • January 1, 2022 Subdivision Regulations • Development Standards • 7 2.1 Urban Design Principles Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood, or other menace. 2.2 Compliance With Other Standards The proposed layout of lots and streets shall be in accordance with the Franklin Zoning Ordinance, the Franklin Transportation and Street Technical Standards, Connect Franklin, Title 18 of the Franklin Municipal Code, The Best Management Practice Stormwater Management Manual and all other applicable City standards and codes. 2.3 Suitability of the Land A. All subdivision proposals shall have public utilities and facilities, such as sewer, gas, electrical, and water systems, located and constructed so as to minimize flood damage. B. All subdivision proposals shall conform to the standards set forth in Chapter 17, Natural Resources, and Chapter 4, Overlay Zoning Districts, of the Franklin Zoning Ordinance. C. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage. D. All subdivisions greater than 50 lots or development exceeding five acres, whichever is the lesser, and to be located in unnumbered A Zones, shall include base flood elevation data with the proposal. E. In the absence of specific data in unnumbered A Zones as depicted on the maps which form a part of the Flood Insurance Study, City of Franklin, Tennessee, Williamson County, dated March 22, 1979, and as subsequently amended, any base flood evaluation data available from a Federal, State, or other source should be utilized until such other data has been provided by the Federal Emergency Management Agency (FEMA). F. All proposed developments containing floodplain areas shall be guided and controlled by the Flood Insurance Study, which is the study presented to the City at a public hearing May 24, 1979. The Floodway and Floodway Fringe areas placed on the zoning map are meant to be the same areas expressly delimited in this study which is entitled Flood Insurance Study, City of Franklin, Tennessee, Williamson County, dated March 22, 1979, and subsequently amended, and which study is made a part of the Subdivision Regulations as if set forth herein verbatim. G. Any development of more than five acres and within or adjacent to a floodprone area as designated on the maps of the FEMA, must have established, at locations approved by the City, permanent elevation benchmarks referenced to the United States Geological Survey (U.S.G.S) datum. The benchmarks shall be bronze markers mounted in concrete and installed in protected, accessible locations approved by the City. Each benchmark elevation shall be stamped on the bronze marker. The development shall have installed sufficient benchmarks such that no building site is more than 1,500 feet from a permanent benchmark. Chapter 2. Development Standards
Subdivision Regulations • Development Standards • 8 Franklin Subdivision Regulations • January 1, 2022 2.4 Streets and Alleys A. Residential subdivisions shall be served by public streets. Nonresidential and mixed-use developments shall be served by public streets or by public access easements having access to existing public streets. Streets, sidewalks, internal drives, and alleys shall conform to the Franklin Zoning Ordinance, the Franklin Transportation & Street Technical Standards, and Connect Franklin. B. There shall be no reserve strips controlling access to streets, except where the control of such strips is definitely placed with the community under conditions approved by the FMPC. C. Where the plat to be submitted includes only part of the tract owned or intended for development by the applicant, a tentative plan or a proposed future street system for the unsubdivided portion shall be required. D. When a tract is subdivided into larger than normal building lots or parcels, such lots or parcels shall be arranged to permit the logical location and opening of future streets and appropriate resubdivision, with provision for adequate utility easements. E. All subdivision and street names shall be subject to the Addressing Manual Guidelines. 2.5 Lots A. Lots shall conform to the standards as described in the Franklin Zoning Ordinance. B. The subdivision shall meet the landscape requirements as set out in the Franklin Zoning Ordinance. C. In residential subdivisions, common open space, including development entrance signs, shall be platted as separate nonbuildable lots. D. Side lot lines shall be approximately at right angles or radial to street lines unless determined otherwise by the FMPC. 2.6 Easements Public easements shall be provided as required for public utilities and drainage infrastructure. Easements shall be of sufficient widths to permit access for the purpose of construction and maintenance by appropriate parties along the lines of, or across, lots.
Franklin Subdivision Regulations • January 1, 2022 Subdivision Regulations • Infrastructure Requirements • 9 3.1 General Requirements Streets, sidewalks, drainage areas, landscaping, utilities, and other site improvements are to be constructed in a satisfactory manner in accordance with ordinances, specifications, and standards established by the City. 3.2 Water Supply System The construction standards and specifications for the water supply system shall be as established by the City, the International Fire Code, and the water utility district providing service to the development. 3.3 Sanitary Sewerage System The construction standards and specifications for the sanitary sewerage system shall be in accordance with Title 18 of the Franklin Municipal Code and the General Requirements and Technical Specifications. 3.4 Stormwater Management The stormwater management requirements shall be in accordance with Title 23 of the Franklin Municipal Code, Franklin Transportation and Street Technical Standards, the Best Management Practice Stormwater Management Manual, and the Franklin Zoning Ordinance. 3.5 Fire Hydrants Fire hydrants shall be located in accordance with the International Fire Code. 3.6 Right-Of-Way Dedication The applicant shall ensure the development complies with Connect Franklin, including required right-of-way dedication. 3.7 Street Lighting The applicant shall bear the financial responsibility for the installation costs, including materials and labor, for street lighting. Street lights shall conform to the requirements established by Chapter 14 of the Franklin Zoning Ordinance. 3.8 Street Sign Poles and Street Signs The applicant shall bear the financial responsibility for the installation costs, including materials and labor, for the placement of street identification signs and street sign poles required in the subdivision. These poles and signs shall be of such size and specifications as deemed appropriate by the Streets Department to meet the specific requirements of the subdivision. 3.9 Underground Utilities Within new developments and for off-site lines constructed as a result of, or to provide service to the new development, all utilities (including fiber optic, cable television, electrical, natural gas, sewer, telephone, and water lines) shall be placed underground. The placement of underground utilities shall conform to the standards and exceptions established by Chapter 16 of the Franklin Zoning Ordinance. 3.10 Parkland Improvements The applicant shall comply with the parkland dedication standards and fees stated in Title 25 of the Franklin Municipal Code. 3.11 Landscaping Improvements The applicant shall comply with the landscape standards established by Chapter 12 of the Franklin Zoning Ordinance. Chapter 3. Infrastructure Requirements
Subdivision Regulations • Infrastructure Requirements • 10 Franklin Subdivision Regulations • January 1, 2022 3.12 Maintenance and Supervision Where the subdivision contains sewers, water supply systems, or other facilities necessary or desirable for the welfare of the area, or that are of common use or benefit but cannot satisfactorily be maintained by an existing public agency, provisions shall be made which are acceptable to the agency having jurisdiction over the location and maintenance of such facilities for the proper and continuous operation, maintenance, and supervision of such facilities. 3.13 Monuments and Pins A. For arterial and collector streets, concrete monuments four inches in diameter or square and three feet long with a flat top shall be set at all right-of-way corners, at all points, where the right-of-way lines intersect the exterior boundaries of the subdivision and at angle points and points of curve in each right-of-way. The top of the monument shall have an indented cross to properly identify the location and shall be set flush with the finished grade. B. All other lot corners shall be marked with iron pins not less than three-fourths inch in diameter and 24 inches long and driven so as to be flush with the finished grade.
Franklin Subdivision Regulations • January 1, 2022 Subdivision Regulations • Procedures • 11 4.1 General Procedure A. A subdivision plat submitted for preliminary or final approval shall be placed on an FMPC agenda within 30 days of the resubmittal date or the next regularly scheduled FMPC meeting after the 30 day period. The applicant may waive the time frame requirement for the appearance of the plat on the agenda. B. Preliminary and final subdivision plats shall not be placed on the same agenda. 4.1.1 General A. The applicant shall prepare a plat for submission to the FMPC in accordance with the latest preliminary plat or final plat application and checklist, posted on the City’s website. B. Regular meeting dates, times, and applicable deadlines shall be established by the FMPC. C. Subdivision plats or other land subdivision instruments (excluding a scrivener’s error or a certificate of correction) shall be subject to review and approval by the FMPC prior to filing with the Williamson County Office of Register of Deeds for recording purposes. D. No lots shall be sold from any plat until recorded. 4.1.2 Application Fee Application fees shall be required in accordance with the fee schedule in Appendix A of the Franklin Municipal Code. 4.2 Preliminary Plat 4.2.1 General A preliminary plat is intended to: A. Propose a layout for subdividing land into three or more lots; B. Ensure compliance with all applicable standards of the Franklin Zoning Ordinance, Connect Franklin, the Stormwater Management Ordinance, Franklin Transportation and Street Technical Standards, and all other applicable plans and regulations; C. Establish a coordinated layout and adequate provision for transportation and vehicular and pedestrian connectivity; and D. Secure adequate provision for light, air, recreation, water, drainage, sewerage, access, and other facilities. 4.2.2 Pre-Application Requirements A. The applicant shall submit pre-application documents to the Department of Planning and Sustainability at least 14 days prior to the initial submittal. B. A pre-application meeting shall be scheduled, if applicable, with the Departmental Review Team (DRT) to review the draft preliminary plat and identify any initial conflicts. C. The applicant shall request a subdivision name and street names at the time of the Pre-Application Submittal. D. The applicant shall submit a Traffic Impact Analysis, if required by the Transportation and Street Technical Standards. Chapter 4. Procedures
Subdivision Regulations • Procedures • 12 Franklin Subdivision Regulations • January 1, 2022 4.2.3 Application Submittal A. The applicant shall submit a preliminary plat application in accordance with Section 4.1, General Procedure. B. Submittals shall include a signed and notarized Owner Affidavit. C. All plats shall be sealed, signed, and dated by professionals licensed in the State of Tennessee and in accordance with State law and City of Franklin requirements. A survey shall be included, sealed by a professional land surveyor, that includes all boundaries, angles, bearings, and calls. D. The applicant shall provide any additional information, as determined by the DRT, that will be necessary to conduct an adequate review of the proposal. E. The applicant shall submit a letter to the appropriate school district central office providing the school system with the location of the proposed development and the anticipated school-age population. A copy of the letter sent to the school district shall be included with the application. 4.2.4 Mailed Notice The City requires applicants to mail notices as a courtesy to nearby property owners. State law does not require mailed notices for preliminary plats so any defect or failure to provide mailed notice is not a basis for declaring any decision invalid. A. The applicant shall be responsible for preparing and mailing notice to property owners within 500 feet of the subject property. B. Mailed notice shall be postmarked at least 15 days prior to the FMPC meeting. C. A notarized affidavit from the applicant showing the names and addresses of each property owner shall be submitted to the Department of Planning and Sustainability prior to the meeting at which the item will be presented. D. If the application is withdrawn or deferred after the notices have been mailed, then the applicant shall renotify the property owners within 500 feet of the future meeting at which the application will be considered. E. Mailed notice shall include the following content: 1. The application type; 2. The address and general location of the property that is the subject of the application; 3. A description of the application; 4. The date, time, and place of the public meeting; 5. The location where the public may view the application and related documents; and 6. Contact information for the applicant, including name, address, phone number, and email address 4.2.5 Staff Review In accordance with the submittal schedule posted on the City website: A. The DRT shall review the application; B. The Department of Planning and Sustainability shall send comments from the DRT to the applicant; and C. The applicant shall address the comments and submit a revised application within three resubmittal dates in accordance with the FMPC bylaws. D. Upon submittal of a revised application, the Department of Planning and Sustainability shall prepare a final review and make a recommendation to the FMPC.
Franklin Subdivision Regulations • January 1, 2022 Subdivision Regulations • Procedures • 13 4.2.6 Final Action A. The FMPC shall review the preliminary plat at a public meeting and vote for: 1. Approval; 2. Approval with conditions; 3. Disapproval; or 4. Deferral for continued review of the application. B. If the preliminary plat is approved with conditions or disapproved, the reasons for conditional approval or disapproval shall refer specifically to those regulations with which the preliminary plat does not conform. On conditional approval, the FMPC may require the submission of a revised preliminary plat. C. The FMPC shall approve or disapprove the preliminary plat within 60 days after the initial consideration of the plat by the FMPC at a regularly scheduled meeting, unless at the end of the 60 day period there is a holiday or an unexpected interceding event that would close municipal or county offices and thus affect the normal computation of the 60 day period, in which case the plat shall be approved or disapproved after the interrupted 60 day period at the next regularly scheduled meeting of the FMPC; otherwise, the plat shall be deemed approved and a certificate to that effect shall be issued by the commission on demand. The applicant for the commission’s approval may waive the time requirement and consent to an extension or extensions of the applicable time period. 4.2.7 Approval Criteria A. Recommendations and final action on a preliminary plat shall be based on consideration of the following criteria: 1. Whether the proposed preliminary plat complies with the applicable zoning district and overlay districts; 2. Whether the proposed preliminary plat is consistent with all standards of these Subdivision Regulations and other related codes and ordinances enforced by the City; and 3. Whether the FMPC determines that the particular site is suitable for the type of platting and development proposed. B. When a preliminary plat is disapproved, the reasons shall be stated in writing and shall include the specific parts of applicable plans and regulations with which the plat does not comply. 4.2.8 Preliminary Plat Revisions Approval of a preliminary plat revision shall be required when any of the following is proposed: 1. The number of lots is to be increased; 2. The approved lot size or lot width is to be reduced; 3. Required open space is to be reduced; 4. There is any change in plans for historic resources; 5. Drainage, streets, or other engineering design changes will materially alter items approved in the preliminary plat; or 6. There are major changes that could potentially create an adverse impact on stormwater quality or quantity. 4.2.9 Vesting In accordance with T.C.A. § 13-4-310, approval by the FMPC of a preliminary plat on or after January 1, 2015, will cause a vested property right to be established. Vesting shall
Subdivision Regulations • Procedures • 14 Franklin Subdivision Regulations • January 1, 2022 be in accordance with Section 20.19, Vesting, of the Franklin Zoning Ordinance. 4.2.10 Contents of the Preliminary Plat Submittal The following information is required to be submitted: 1. Name of proposed subdivision 2. The names and addresses of all individual parties, officers, directors and/or beneficial owners and subdividers holding more than a fivepercent interest in the project shall be listed where the land owner or subdivider is a partnership corporation or other business venture 3. Contact information for professional(s) preparing the plans (including email addresses) 4. Water utility district(s) and maximum capacity (in gallons per day) where site is located 5. Statement describing the anticipated impact on traffic, water, sewer, reclaimed water, and drainage facilities, including expected needs in total gallons per day 6. Static pressure and the flow at 20-psi at nearest fire hydrant 7. Geologic formations, including rock outcrops, cliffs, and karst topography. 8. Topographic contours at two-foot intervals of site 9. Natural or man-made slopes of 14 percent to 19.99 percent 10. Areas with slopes of 20 percent or more 11. Hillside Hillcrest Overlay District and associated 500 foot buffer location and limits 12. Watercourses, conveyances, wetlands, and sinkholes 13. Floodway Overlay Zoning District Boundary and Floodway Fringe Overlay Zoning District Boundary 14. Drainage basin(s) where the site is located 15. Most-recent aerial photo (or comparable document) depicting existing tree canopy cover and percent of site under existing tree cover. Show existing vegetation with delineation of percent of tree canopy cover 16. Location and caliper of all specimen trees 17. Acreage and square footage of the site 18. All base and overlay zoning districts, of adjacent properties 19. Civil district 20. Parcel boundaries of all parcels adjacent to the site 21. Names of all subdivisions and land owners owning lots adjacent to the site with Tax Map, Parcel Number, Deed and Plat references 22. Existing road rights-of-way and street names 23. Railroad infrastructure and rights-of- way 24. All easements (including drainage) with dimensions and designation as to type 25. Mineral rights (if held by parties other than the owner of record) 26. Location and description of all existing man-made structures and site features (including utilities) both above and below ground 27. Location of all proposed property monuments and benchmarks 28. Preliminary lot lines, square footage, and dimensions to the nearest foot 29. Written legal description of the site, commencing at a point on a
Franklin Subdivision Regulations • January 1, 2022 Subdivision Regulations • Procedures • 15 public right-of-way, and referencing the appropriate tax map and parcel number(s) 30. Length of project boundaries (including bearings and angles) 31. Preliminary lot numbers 32. Setbacks or build-to lines; however, building envelopes shall NOT be shown 33. Location and acreage of major common open space areas, including minimum open space, buffers, and parkland dedication requirements 34. Proposed street and alley rightsof-way widths and classification (with names where available) in the proposed project 35. Proposed connections to existing and proposed streets (including street classification) located outside the development 36. Location of any proposed right-of-way dedication, as applicable 37. Depiction of circulation for emergency vehicles 38. All conceptual stormwater best management practices, water resource buffers, and green infrastructure in residential developments placed in open space lots. For commercial developments, all water resource buffers are placed in open space lots or conservation easements 39. Proposed utility easements and utility features, including: water lines, fire hydrants, sanitary sewer, lift/pump stations, storm sewers, culverts, outfalls, ground-based utility vaults larger than ten square feet, or water towers 40. Parkland requirements (if applicable)
Subdivision Regulations • Procedures • 16 Franklin Subdivision Regulations • January 1, 2022 4.3 Final Plat 4.3.1 General A final plat is intended to: A. Finalize the layout for subdividing land into two or more lots suitable for recording with the Williamson County Office of Register of Deeds; B. Finalize minor changes to lots that shift lot lines, consolidate lots, create easements, or record other minor changes that do not involve the creation of new lots; C. Ensure compliance with all applicable standards herein, Connect Franklin, the Stormwater Management Ordinance, Franklin Street and Technical Standards, and other applicable plans and regulations; D. Establish a coordinated layout and adequate provision for transportation and vehicular and pedestrian connectivity; and E. Secure adequate provision for light, air, recreation, water, drainage, sewerage, and other facilities. 4.3.2 Exemptions If a division of land results in two tracts of land over five acres each, a final plat is not required. The land may be divided by instrument and filed with the Williamson County Office of Register of Deeds. Filing an instrument with the Register of Deeds to create a parcel does not require the City to accept it as a buildable lot. 4.3.3 Application Submittal A. The applicant shall submit a final plat application in accordance with Section 4.1, General Procedure. B. Plats shall be sealed, signed, and dated by a Tennessee licensed professional in accordance with State law and City requirements. C. A survey shall be included, sealed by a professional land surveyor, that includes all boundaries, angles, bearings, and calls. D. Submittals shall include a signed and notarized Owner Affidavit or the Ownership Certificate shall be signed on the plat submitted for review. E. The applicant shall provide any additional information, as determined by the DRT that will be necessary to conduct an adequate review. 4.3.4 Staff Review In accordance with the submittal schedule posted on the City website: A. The DRT shall review the application; B. The Department of Planning and Sustainability shall send comments from the DRT to the applicant; C. The applicant shall address the comments and submit a revised application within three resubmittal dates in accordance with the FMPC bylaws; and D. Upon submittal of a revised application, the Department of Planning and Sustainability shall prepare a final review and make a recommendation to the FMPC. 4.3.5 Final Action A. The FMPC shall review the final plat at a public meeting and vote for: 1. Approval; 2. Approval with conditions; 3. Disapproval; or 4. Deferral for continued review of the application. B. If the final plat is approved with conditions or disapproved, the reasons for conditional approval or disapproval shall refer specifically to those regulations with which the final plat does not conform.
Franklin Subdivision Regulations • January 1, 2022 Subdivision Regulations • Procedures • 17 On conditional approval, the FMPC may require the submission of a revised final plat. C. The FMPC shall approve or disapprove the final plat within 60 days after the initial consideration of the plat by the FMPC at a regularly scheduled meeting, unless at the end of the 60 day period there is a holiday or an unexpected interceding event that would close municipal or county offices and thus affect the normal computation of the 60 day period, in which case the plat shall be approved or disapproved after the interrupted 60 day period at the next regularly scheduled meeting of the FMPC; otherwise, the plat shall be deemed approved and a certificate to that effect shall be issued by the commission on demand. The applicant for the commission’s approval may waive the time requirement and consent to an extension or extensions of the applicable time period. D. The Department of Planning and Sustainability may approve certain final plats on behalf of the FMPC intended to shift lot lines, consolidate lots, create easements, or record other minor changes that do not involve the creation of new lots. 4.3.6 Approval Criteria A. Recommendations and final action on a final plat shall be based on consideration of the following criteria: 1. Whether the proposed final plat complies with the applicable zoning district and overlay districts; 2. Whether the proposed final plat is consistent with all standards of the Franklin Zoning Ordinance and other related codes and ordinances enforced by the City; and 3. Whether the proposed final plat meets all the requirements or conditions of any applicable development approvals, such as a development plan or associated modification of standards. B. Final Plat approval shall be subject to the completion of required improvements, or in lieu, the Planning Commission may approve a performance agreement, as prescribed in Chapter 21 of the Franklin Zoning Ordinance. 4.3.7 Performance Agreements The applicant shall adhere to the performance agreement requirements in Chapter 21 of the Franklin Zoning Ordinance. 4.3.8 Recording of a Final Plat A. After final approval of the plat and the affixing of all required signatures on the original 18x24 inch Mylar, the applicant shall file the original copy in the Williamson County Office of Register of Deeds. B. The final plat shall be filed within one year of the date of the FMPC or Administrative approval. Failure to record the final plat within one year of approval shall void the approval of the final plat. No lots shall be sold from any plat until it has been recorded. 4.3.9 Contents of the Final Plat The following information is required to be submitted: 1. Proposed or existing subdivision name 2. Name, address, telephone, and e-mail address of land owner. The names and addresses of all individual parties, officers, directors and/or beneficial owners and subdividers holding more
Subdivision Regulations • Procedures • 18 Franklin Subdivision Regulations • January 1, 2022 than a five-percent interest in the project shall be listed where the land owner or subdivider is a partnership, corporation or other business venture 3. Names, addresses, telephone numbers, email addresses, and seals of all professionals participating in the development application process 4. Note on all sheets referencing the Tennessee State Plane Coordinate System, Zone 5301, Fipszone 4100; NAD 83 datum. 5. Tax map, group, and parcel number(s) of site 6. Existing streets and street names adjacent to site 7. Closure error 8. City, County, Civil District, and Date 9. Total acres in the subdivision to the nearest hundredth 10. Existing zoning district and overlay zoning district(s) 11. Setbacks or build-to lines; however, building envelopes shall not be shown 12. Boundary lines of properties adjoining, but not a part of the subdivision, shown with dashed lines 13. Names of all subdivisions and land owners owning lots adjacent to the site with Tax Map, Parcel Number, Deed and Plat references 14. Lengths of the boundaries of the subdivision, measured to the nearest foot and decimal, with calls 15. The values of all true bearings and angles dimensioned in degrees and minutes 16. The lengths of all lines dimensioned in feet and decimals to the nearest hundredth of a foot 17. Square feet and acreage of each lot (square feet to the nearest foot and acreage to the nearest hundredth of an acre) 18. Total number of lots and lot numbers 19. Street and alley rights-of-way widths, classification, and names within the proposed project. 20. Connections to existing and proposed streets (including street classification) located outside the development. 21. Right-of-way dedication as required by Connect Franklin 22. Sidewalk locations, unless fees-in-lieu are approved 23. Acres and linear footage totals of new streets 24. Location and description of all existing man-made structures and site features (including utilities) both above and below ground 25. All easements (including drainage) with dimensions and designation as to type 26. Mineral rights (if held by parties other than the owner of record) 27. Existing and proposed utility features, including: water lines, fire hydrants, sanitary sewer, lift/pump stations, access easements, storm sewers, culverts, outfalls, ground-based utility vaults larger than 10 square feet, or water towers 28. Watercourses, conveyances, wetlands, and sinkholes 29. All stormwater best management practices, water resource buffers, and green infrastructure in residential developments placed in open space lots. For commercial developments, all water resource buffers are placed in open space lots or conservation easements 30. Common open space lots and tree
Franklin Subdivision Regulations • January 1, 2022 Subdivision Regulations • Procedures • 19 protection zones 31. Concrete monuments and benchmarks labeled 32. Iron pins, which shall be placed at all lot corners 33. All required certifications 4.4 Variations and Exceptions Whenever a parcel of land to be subdivided is of such unusual size or shape, or is surrounded by such development of unusual conditions that the strict application of the requirements contained in these regulations would result in substantial hardship or inequity, the FMPC may vary or modify, except as otherwise indicated, such requirements of design, but not of procedure or improvements, so that the applicant may develop the property in a reasonable manner, keeping in mind that the public welfare and interests of the City are protected and the general intent and spirit of these regulations are preserved. Such modifications may be granted by the FMPC upon written request by the applicant, stating the reason(s) for each modification. 4.5 Appeals An appeal of any action or decision rendered by the FMPC pursuant to these regulations shall be to any Court of competent jurisdiction.
Subdivision Regulations • Procedures • 20 Franklin Subdivision Regulations • January 1, 2022 4.6 Enforcement A. No plat or plan of a subdivision of land into two or more lots located within the City shall be admitted to the land records of Williamson County, or be received or recorded by the Register’s Office, Williamson County, until said plat or plan has received final approval in writing by the FMPC as provided in T.C.A. § 13-4-302. B. No board, public officer or authority shall light any street, lay or authorize the laying of water mains, sewers or the construction of other facilities or utilities in any street located within the City unless such street shall have been accepted, opened or otherwise received the legal status of a public street prior to the adoption of these Subdivision Regulations, or unless such street corresponds in its location and lines to a street shown on a subdivision plat approved by the FMPC or as depicted in Connect Franklin as provided in T.C.A. § 13-4-307. C. Pursuant to T.C.A. § 13-4-306, Tennessee Code Annotated, whoever, being the owner or agent of the owner of any land, transfers or sells or agrees to sell or negotiates to sell such land by reference to or exhibition of or by other use of a plat of subdivision of such land without having submitted a plat of such subdivision to the FMPC and obtained lawful approval and before such plat be recorded in the office of the appropriate County Register, shall be deemed guilty of a misdemeanor Class C, punishable as other misdemeanors as provided by law; and the description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from such penalties. The municipality, through its solicitor or other official designated by its chief legislative body may enjoin such transfer or sale or agreement by action for injunction. D. Any building or structure erected or to be erected in violation of the Subdivision Regulations shall be deemed an unlawful building or structure, and the Building Inspector or other official designated by the Board of Mayor and Aldermen may bring action to enjoin such erection or cause it to be vacated or removed as provided in T.C.A. § 13-4-308.
Franklin Subdivision Regulations • January 1, 2022 Subdivision Regulations • Certificates • 21 5.1 Certificates All final plats shall include the certificates as described in this Chapter. 5.2 Certificate of Ownership I (we) hereby certify that I am (we are) the owner(s) of the property shown hereon as of record in Book _____, Page _____, R.O.W.C, Tennessee, and adopt the plan of subdivision of the property as shown hereon and dedicate all public ways and easements as noted. No lot(s) as shown hereon shall again be subdivided, resubdivided, altered or changed so as to produce less area than is hereby established until otherwise approved by the Franklin Municipal Planning Commission, and under no condition shall such lot(s) be made to produce less area than is prescribed by the restrictive covenants as of record in Book _____, Page _____, R.O.W.C., Tennessee, running with the title to the property. I (we) further certify that there are no liens on this property, except as follows: Book _____, Page _____, R.O.W.C. ____________________________________ ______________________ Owner(s) Date 5.3 Certificate of Survey I (we) hereby certify that the subdivision plat as shown hereon is correct and that all of the monuments shown hereon have been placed as indicated. This subdivision plat correctly represents a survey made under my supervision on the _____ day of __________, 20____. ___________________________________ _______________________ Surveyor Date 5.4 Certificate of Approval of Water and Sewer Systems I hereby certify that: A. The water and sewer systems designated in _______________ Subdivision have been installed in accordance with City specifications, or B. A performance agreement and surety in the amount of $___________ for the water system and $_____________ for the sewer system has been posted with the City of Franklin, Tennessee, to assure completion of such systems. ___________________________________ _______________________ Director Water Management Department Date City of Franklin, Tennessee Chapter 5. Certificates
Subdivision Regulations • Certificates • 22 Franklin Subdivision Regulations • January 1, 2022 5.5 Certificate of Approval of Streets, Drainage, Sidewalks, and Green Infrastructure I hereby certify that: A. The streets, drainage, sidewalks, and green infrastructure designated in _______________ Subdivision have been installed in accordance with City specifications, or B. A performance agreement and surety in the amount of $______________ for streets, $_______________ for drainage, $_________________ for sidewalks, and $____________ for green infrastructure has been posted with the City of Franklin, Tennessee, to assure completion of such improvements. __________________________________ _______________________ Director, Streets Department Date City of Franklin, Tennessee 5.6 Certificate of Approval for Recording Approved by the Franklin Municipal Planning Commission, Franklin, Williamson County, Tennessee, with the exception of such conditions, if any, as are noted in the Planning Commission minutes for the _____ day of __________, 20____, and this plat has been approved for recording in the Register’s Office of Williamson County. _______________________________ _______________________ Secretary Date Franklin Municipal Planning Commission 5.7 Certificate of Approval of Subdivision Name, Street Names, and Addressing Subdivision name and street names approved by the Williamson County Emergency Management Agency and the City of Franklin. _________________________________ _________________________ Williamson County Emergency Date Management Agency _________________________________ _________________________ City of Franklin Date
Franklin Subdivision Regulations • January 1, 2022 Subdivision Regulations • Certificates • 23 5.8 MTEMC Signature Middle Tennessee Electric Membership Corporation (MTEMC) will provide electric service to the subject property according to the normal operating practices of MTEMC as defined in the rules and regulations, bylaws, policy bulletins and operational bulletins of MTEMC, and in accordance with the plat approval checklist, tree planting guidelines and other regulations contained on the MTEMC website at www.mtemc.com (collectively the “Requirements”). No electric service will be provided until MTEMC’s Requirements have been met and approved in writing by an authorized representative of MTEMC. Any approval is, at all times, contingent upon continuing compliance with MTEMC’s Requirements. ____________________________________ ______________________ Date Middle Tennessee Electric Membership Corporation
Subdivision Regulations • Definitions • 24 Franklin Subdivision Regulations • January 1, 2022 Unless otherwise stated, the following words shall, for the purpose of these Subdivision Regulations, have the meanings herein indicated. Addressing Manual A document that describes standards and processes for street name identification and numerical addressing of all parcels and buildings within the City. Alley A minor public or private way intended to be used primarily for vehicular service access to the rear or side of properties. Applicant The owner of property or the authorized representative of the owner who is applying for development approval. Connect Franklin The comprehensive transportation network plan maintained by the City that defines functional street classifications as local, collector, arterial, etc. It is also called the Comprehensive Transportation Network Plan, Major Thoroughfare Plan or Multimodal Major Thoroughfare Plan. Departmental Review Team (DRT) Consists of department heads, or their designees, of City departments responsible for the review of all development review applications. Chapter 6. Definitions Easement A grant by a landowner to another person, entity, or to the public for the right to occupy or use designated land for specific purposes such as access, drainage, conservation, the location of public improvements, or other specified purpose. An easement does not constitute fee simple ownership of the land. Envision Franklin The general plan for physical development in the City of Franklin. Final Plat A type of application to finalize a layout for subdividing land into two or more lots suitable for recording at the Williamson County Office of Register of Deeds. Floodway The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Franklin Transportation and Street Technical Standards A document that describes transportation design requirements for new and modified streets and associated elements within the City.
Franklin Subdivision Regulations • January 1, 2022 Subdivision Regulations • Definitions • 25 Franklin Zoning Ordinance The written set of regulations and laws that define how property can be used in the City of Franklin. General Requirements and Technical Specifications Guidelines for the planning, design, construction, and approval procedures of water distribution systems, wastewater collection systems, reclaimed water systems, and associated appurtenances within the City of Franklin Water Management Department service area. International Fire Code Regulations for fire prevention and fire protection systems that prevent hazardous conditions to life and property. Initial Submittal A date established by the FMPC to accept plans and plats for review, upon payment of the applicable review fee. Lot A parcel of land occupied, or intended to be occupied, by one main building, or a group of main buildings, including open spaces as required by municipal regulations and ordinances. Lot of Record A lot or tract of land, described by deed and/ or subdivision plat, filed in the Williamson County Office of Register of Deeds. Preliminary Plat A type of application to propose a layout for subdividing land into more than two lots. Resubmittal Date A date established by the FMPC for the submittal of corrected plans to be considered at the subsequent FMPC meeting. Setback Line A setback refers to the distance which a building is required to be set back from a lot line or from the nearest building or structure. Specimen Tree Any canopy tree with a diameter of 24 inches or greater measured at diameter breast height (DBH). Stormwater Management Ordinance Standards set forth in Title 23 of the Franklin Municipal Code pertaining to the management of stormwater runoff and protection of water resources. Street An existing or planned public or private right-of-way that is designed, dedicated, or used principally for vehicular and pedestrian circulation, which provides access for abutting properties. Subdivision The division of land into two or more lots, sites, or other divisions requiring new street or utility construction, or any division of less than five acres, for the purpose, whether
Subdivision Regulations • Definitions • 26 Franklin Subdivision Regulations • January 1, 2022 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.
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