Proposed Subdivision Regulation Amendments
Westmoreland Planning Commission
November 25, 2025
Subdivision Regulations Amendment process
Schedule
Proposed Change 1 – Adjust Planning Commission review time for Final Plats to 60 days, in line with the Tennessee Code Annotated
Purpose and intent – Adjust the time the Planning Commission has to review a plat from the current 30 days to 60 days so that the timing matches the current language in the Tennessee Code Annotated.
Reference
TN Code § 13-4-304
(a) The commission shall approve or disapprove a plat within sixty (60) days after the initial consideration of the plat by the commission meeting in a regularly scheduled session, unless at the end of the sixty-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 sixty-day period, in which case the plat shall be approved or disapproved after the interrupted sixty-day period at the next regularly scheduled meeting of the commission; 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 set in this subsection (a) and consent to an extension or extensions of the applicable time period. When a plat has been filed with the appropriate officials of the planning commission, the plat shall be placed on the agenda of the planning commission within thirty (30) days of the filing or the next regularly scheduled planning commission meeting after the thirty-day period. The applicant may waive the time frame requirement for the appearance of the plat on the agenda.
In Article 2 – Development Prerequisite to Final Approval, Section 1, ((c)(7)), delete “Tennessee Department of Highways” and replace with “Tennessee Department of Transportation.”
2-104.3 Hearing and Decision on Final Plat -- The planning commission shall hold a hearing as required by Section 13-4-304, Tennessee Code Annotated, on each final plat brought before it. The planning commission shall, within thirty (30) sixty (60) days after the initial consideration of the plat by the commission meeting in a regularly scheduled session submission of the plat, approve, modify, or disapprove the final subdivision plat by resolution, which shall set forth in detail any conditions to which the approval is subject or reasons for disapproval. The official date of submission for the purpose of the regulations shall be deemed to be the planning commission meeting date wherein the plat is first officially entertained.
The failure of the planning commission to act upon a plat within the prescribed time shall be deemed approval of the plat, and in such event, a certificate of approval, entitling the subdivider to proceed as specified in Sections 2-104.4 and 2-105, of these regulations shall be issued, upon demand, by the secretary of the planning commission. The applicant, however, may agree to an extension of the time for planning commission review.
One copy of the final subdivision plat shall be returned to the subdivider with the date of approval, conditional approval, or disapproval noted thereon.
Proposed Change 2 - Add evergreen clause to surety requirements
Purpose and intent – add clauses for interpretation, conflict, and severability. The interpretation clause clarifies that any standard is the minimum standard. Conflict clarifies that the subdivision regulations do not supersede any federal or state law, and if there is a conflict between the subdivision regulations and federal or state law, the more restrictive or higher standard is used. For private provisions, the higher or more restrictive standard is also used, but private provisions are between the parties and not the jurisdiction of the Planning Commission. The severability clause clarifies that if a court for some reason finds that a part of the Westmoreland Subdivision Regulations is invalid, only that part is invalid and not the full Subdivision Regulations.
In Article 3, add the following to Section 3-101.2 – Surety Instrument:
Such Surety Instruments shall be for one (1) year and shall be automatically renewed with no expiration date (sometimes referred to as an evergreen clause) for successive one (1) year periods without any effort on the part of the City of Westmoreland. The surety shall be renewed until released by the City of Westmoreland. However, should the financial institution decide to revoke or not to renew upon expiration the Surety, it may do so but is required to give the City of Westmoreland written notice with at least ninety (90) days opportunity to cash the Letter of Credit or call the surety. The Applicant’s financial institution shall provide to the City of Westmoreland, no fewer than ninety (90) days before expiration, a letter of intent to renew or to revoke the expiring LOC at the existing face value unless otherwise agreed upon by the City of Westmoreland. Such notice shall be by certified mail, return receipt requested (or other delivery means such as certified mail that requires a recipient signature) and shall be addressed to the Mayor with a copy to the Town Recorder both sent to the City Hall address. The Applicant can request that the Town replace a Surety if a replacement Surety is provided by an alternate financial institution acceptable to the City of Westmoreland.
Proposed Change 3 - Add Underground Utilities language
Purpose and Intent – Add underground utilities language for all subdivisions proposing new road construction.
In Article 4, add the following to Section 4-101.7 – Underground Utilities:
In all subdivisions where new roads are constructed all new electric, telephone, cable television and other utility lines shall be installed underground. This requirement shall apply both to the primary and secondary utility lines. Otherwise, the subdivision is required to install secondary utility lines underground for all new lots.