additional proposed changes feb 2009

8/14/2019 Additional Proposed Changes Feb 2009

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ARTICLE 3, PROCEDURES FOR PLAT APPROVAL

3-105.6 Effective Period of Final Approval-- The approval of a final plat shall beeffective for a period of twelve (12) months. At the end of twelve (12)months, the plat must either be signed by the Secretary of the PlanningCommission and filed with the county register and/or a development

agreement executed with the Town for the approved plat. If neitherhas been done, the final plat approval shall expire and become nulland void, and the developer shall be required to submit a new plat forapproval subject to the Town of Smyrna Municipal Zoning Ordinanceand the subdivision regulations currently in effect.

ARTICLE 4, SPECIFICATIONS FOR SUBMITTALS

4-102.2 Features -- The preliminary plat shall include:

(24) the location of all existing and proposed electric power easements;

4-104.2 Features -- The final plat shall include:

(28) the location of all existing and proposed electric power easements.

4-104.3 Plat Certificates

(c) Certification by appropriate governmental or quasi-governmental official(s)that sewage disposal and/or water system(s) has/have been installed.

CERTIFICATE OF APPROVAL OF WATER SYSTEMS LOCATED INTHE SERVICE JURISDICTION OF CONSOLIDATED UTILITY DISTRICTOF RUTHERFORD COUNTY

I hereby certify that (1) the water lines and appurtenances for thewater system of the subdivision shown hereon have beeninstalled in accordance with Town codes and specifications andthe Tennessee Department of Environment and Conservation,Community Public Water Systems Design Criteria, or (2) that asurety for these improvements has been posted with theConsolidated Utility District of Rutherford County to assurecompletion of same.

_________, 20__ _______________________________Date Consolidated Utility District Official

(g) CERTIFICATE OF APPROVAL BY MTEMCMiddle Tennessee Electric Membership Corporation (MTEMC)will provide electric service to the subject property according tothe normal operating practices of MTEMC as defined in the Rulesand Regulations, By-laws, Policy Bulletins and OperationalBulletins of MTEMC. No electric service will be provided untilMTEMCs requirements have been met.


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All plantings in MTEMC right of way shall be in accordance withthe list shown on our website under the builder/developer tab.

_________, 20__ ________________________Date MTEMC Representative

ARTICLE 5 REQUIREMENTS FOR IMPROVEMENTS, RESERVATIONS, ANDDESIGN

5-103.4 Public Way Surfacing and Improvements -- After underground utilitieshave been installed, the subdivider shall construct curbs or curbs withgutters, where required, and shall surface or cause to be surfacedpublic ways to the widths prescribed in these regulations. Any requiredlane additions, lane widening, roadway widening, width expansions,open cuts for utility installations or other operations requiring alterationsof the existing roadway edges and/or roadway surface shall require afull width asphaltic topping overlay. No patch work or additions will be

allowed without a full overlay. The thickness of the new overlay and thebituminous tack coat shall be in accordance with the requirements foreach roadway classification as outlined in Article 6 Section 301 TypicalSections of these Subdivision Regulations. The length of the asphaltictopping overlay shall terminate at a suitable transition point of theexisting roadway as to allow a smooth transition from new pavement toexisting pavement. The length of the proposed full width overlay shallbe approved by the Director of Public Works prior to commencement ofwork. It will be required to mill the existing asphalt topping to a depth tomatch the proposed overlay thickness, as to allow a smooth surfacetransition, at the ends where the proposed new asphalt is to terminate.

The length of the required milling shall be adequate for the transitionand shall be approved by the Director of Public Works. Bituminous tackcoat shall be applied to the milled surface prior to installing the newasphalt topping overlay. No public way shall be surfaced until finalapproval of the subdivision plat has been obtained. Surfacing shall beof such character as is suitable for the expected traffic. Types andmethods of paving shall be according to the specifications of thegoverning body, but in no event shall such construction be below theconstruction specifications set forth in the Article 6 of these regulations.Adequate provisions shall be made for culverts or other drains, andbridges, as required by the director of Street and Director of Public

Works.

All public way pavements, shoulders, drainage improvements andstructures, any curb turnabouts, and sidewalks shall conform to allconstruction standards and specifications adopted by the Town ofSmyrna and shall be incorporated into the construction plans required tobe submitted by the developer for plat approval.


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5-104 Road Construction Specifications -- The road constructionspecifications, Specifications for Stone Base Hot Asphaltic MixtureSurface, are included in these regulations as the Smyrna TypicalSection, Section III and current T.D.O.T. Road and BridgeSpecifications, and are adopted as a part hereof. These specificationsshall be the minimum standards for any subdivision within the

jurisdictional area. All roadway traffic markings shall be thermoplasticmaterial, and shall be installed in accordance with the current T.D.O.T.Road and Bridge Specifications.

5-113 Maintenance of Common Property

5-113.1 General Whenever a development includes areas,structures, features, or other items designated on a plat ascommon area, common elements, or some such similardesignation, or in the event a developer shall undertake tomaintain landscaping or some other feature in or on a publicright of way (together or separately, Common Property),the following shall apply:

(1) An owners association must be established as a non-profit corporation or similar entity. Membership insuch association must be mandatory for all ownersand successive owners of property in thedevelopment, and each member must be legallyobligated to pay dues and/or assessments for the prorata cost of maintenance and repair of, asappropriate, and taxes on, the Common Property.

(2) The association must have the power to record aDeclaration of Lien on the property of any owner whohas not paid dues and/or assessments.

(3) The association must have the power to provide andmaintain casualty insurance on any structures orother improvements to assure replacement if sameare damaged or destroyed.

(4) The association must have the power to provide andthe responsibility to maintain liability insurancecovering all Common Property.

(5) The Common Property must be clearly identified onthe final plat; the final plat must also contain a platnote regarding the existence of a mandatory ownersassociation.

(6) The developer must record an appropriateDeclaration of Covenants and Restrictions coveringthe establishment and use of the Common Property


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as well as appropriate provisions for theestablishment of the owners association, including butnot limited to articles of organization and bylaws ortheir equivalent.

(7) The Common Property, along with the provisions of

the Declaration of Covenants and Restrictions withrespect to any Common Property, must be perpetual,and neither can be eliminated, deleted, amended, ormodified without the consent of the Town evidencedby an amendment to the final plat and any otheragreements or releases as deemed appropriate bythe Town.

(8) The developer must either (i) convey title to theCommon Property to the association or (ii) establish aperpetual easement over the Common Property withappropriate rights of access for the association.

(9) If the Common Property includes storm waterdrainage, detention or retention facilities, post-construction best management practices, landscapingor signage, or other elements which could reasonablybe anticipated to have an adverse health, safety,welfare, or property values of the development or onpersons or properties surrounding the development ifnot properly maintained or repaired, the Declaration ofCovenants and Restrictions must provide that if theassociation fails to maintain or repair such CommonProperty to the standards required by Town ordinanceor code the Town shall have the right and power, butnot the responsibility, to maintain or repair suchCommon Property on behalf of the association and ifthe Town elects to so maintain or repair suchCommon Property, to pro rate assess propertyowners in the development in the name of theassociation to recover the costs of such maintenanceor repair, and to record a Declaration of Lien againstthe property of any owner in the development whohas not paid such assessment within the timeallowed.

(10) The Declaration of Covenants and Restrictions mustalso establish the Town as a third party beneficiary of

the covenants and restrictions with the right andpower, but not the responsibility, to enforce any andall such covenants and restrictions with regards toCommon Property within the development.

(11) The developer must undertake to assure that allprospective purchasers within the developmentreceive copies of the Declaration of Covenants andRestrictions and of all other documentation related tothe owners association.


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(12) The developer must submit evidence satisfactory tothe Town staff that all the above requirements havebeen fulfilled prior to the issuance of any buildingpermits for the development.

additional proposed changes feb 2009

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