|Original Document: |
Text of Document: February 24, 2009
Mr. Kevin Helms, City Manager
City of Oak Hill
5548 Franklin Road, Suite 102
Nashville, Tennessee 37220
Dear Mr. Helms
Your request for the procedure for reversing a plat approval decision of the planning commission has been reviewed with an MTAS attorney.
TCA 13-4-104 provides that in the case of disapproval by the planning commission, the commission shall communicate its reasons to the chief legislative body of the municipality; and such legislative body, by a vote of a majority of its membership, shall have the power to overrule such disapproval. It appears that the power to overrule only applies to the disapproval by the planning commission.
TCA 13-4-304 (a) and (b) provides that the commission shall approve or disapprove of a plat within 35 days after the initial consideration of the plat by the commission, otherwise the plat shall be deemed approved. The grounds of disapproval of any plat shall be stated upon the records of the commission.
TCA 13-4-303 (d) also provides that in counties having populations not less than 325,000 nor more than 400,000, according to the 1990 federal census or subsequent federal census, in the event the municipal planning commission approves or disapproves a plat after a hearing thereof, the applicant or any party for or against the plat request shall have the right within 30 days after such approval or disapproval to have the action of the planning commission reviewed by the chief legislative body of the municipality having jurisdiction of zoning matters, who shall by majority vote approve or disapprove the plat. Since Davidson County has a population of over 600,000, it appears that the provisions of this section do not apply in Oak Hill. I believe that the population category of this provision was written for a specific county, perhaps Knox County.
TCA 27-9-101 provides that anyone who may be aggrieved by any final order or judgment of any board or commission functioning under the laws of this state may have the order or judgment reviewed by the courts, where not otherwise specifically provided, in the manner provided by this chapter.
It is the opinion of MTAS that the proper procedure for repealing an approval by the planning commission is to the courts.
Please let me know if you have questions or comments.
Municipal Management Consultant
Cc. MTAS Legal Consultant Dennis Huffer