1. TENNESSEE PLANNING COMMISSIONER HANDBOOK
Section I
Development of Planning in TN/Legal Basis for Planning

2. 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

3. EARLY PLANNING EFFORTS
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 plans focused on:
street development, public buildings, civic centers, railroads, and zoning regulations
Impressive but Expensive = Little implementation

4. TVA & THE CREATION OF STATE PLANNING
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

5. TVA & THE CREATION OF STATE PLANNING (cont.)
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)

6. SERVICES AVAILABLE TO LOCAL COMMUNITIES
Local Planning Assistance Office
1943 – 1st field office established in Johnson City, followed by Knoxville, Nashville, Jackson, Chattanooga, Cookeville
Currently serves approximately 212 cities/counties
Flexible services including long-range document preparation and day-to-day planning implementation assistance

7. SERVICES AVAILABLE TO LOCAL COMMUNITIES (cont.)
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

8. 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)

9. 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

10. 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
definitions encompass all divisions of property including commercial and industrial 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

11. 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

12. 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

13. REGIONAL PLANNING COMMISSIONS POWERS & DUTIES (cont.)
Subdivision Regulations & Site Plan Review
Same 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 Referral
Referral 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

14. 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

15. TENNESSEE PLANNING COMMISSIONER HANDBOOK
Section II
The Comprehensive Planning Process

16. 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 .

17. 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

18. THE COMPREHENSIVE PLANNING PROCESS (cont.)
Plan Review
- keeping the plan up-to-date and useful through scheduled review and revision

19. SEVEN ELEMENTS OF THE COMPREHENSIVE PLAN
Introduction
Background for Planning
Economy & Population
Land Use & Transportation Plan
Community Facilities Plan
Public Improvements Program
Implementation Plan

20. 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

21. TENNESSEE PLANNING COMMISSIONER HANDBOOK
Section III
Plan Implementation

22. SUBDIVISION REGULATIONS
Definition
“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.
Steps of plat approval process
Street acceptance
Remedies
Restrictive covenants

23. ZONING Watershed decisions Ambler v. Euclid Special Cases
Spencer-Sturla Co. v. City of Memphis
Special Cases

24. 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

25. ZONING Special Cases Adoption & amendment Enforcement & administration
Watershed decisions
Special Cases
Adoption & amendment
Enforcement & administration

26. BOARD OF ZONING APPEALS
Three Statutory Functions:
Administrative review of decisions, interpretations and orders of the Building Commissioner or other administrative officer.
Decisions on special exceptions defined in the ordinance, interpretation of the zoning map or other "special questions."
Granting of variances pursuant to the statute.

27. CAPITAL BUDGET Target Date/Population Milestone Five-Year Increments
Financial Plan
Update,re-evaluate, re-prioritize annually

28. TENNESSEE PLANNING COMMISSIONER HANDBOOK
Section IV
Planning Commission Conduct; Officers, Staff & Procedures; Citizen Participation; Training & Continuing Education

29. 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."

30. LEGAL ASPECTS OF P.C. CONDUCT
Sunshine Law (TCA )
Conflicts of Interest (TCA )
Ex-Parte Contact
Due Process

31. OFFICERS, STAFF & PROCEDURES
Chair
Secretary
Intergovernmental Context
Staff Relations
Bylaws
Quorum
Parliamentary Procedures
Agendas

32. CITIZEN PARTICIPATION
Public Presentations
Public Hearings
Testimony at Meetings
Citizen Advisory Committee
Public Opinion Surveys
News Articles
Radio & Television
Internet Sites

33. TRAINING & CONTINUING EDUCATION
Public Chapter 862: Four hours for Planning Commissioners/Boards of Zoning Appeals members
Eight hours for Administrative Officers/Professional Planning Staff