Title 13 Public Planning And Housing
Chapter 2 Interstate and Federal Agreements § 13-2-101. Federal aid for public works — Application by state, county or municipality. - The state of Tennessee, any department or division thereof, or any county or incorporated municipality in this state with a population of more than five hundred (500) by the last federal census, is authorized to make application for funds under the provisions of any act of congress heretofore or hereafter enacted making grants, loans or advances to the states, or any department or division thereof, or any county or municipality, for the purpose of aiding in the financing of public works. Municipalities with a population of less than five hundred (500) by the preceding federal census may make application through the appropriate agency of the county in which they are located.
History (5)
- Acts 1945, ch. 75, § 1
- C. Supp. 1950, § 3291.27
- modified
- T.C.A. (orig. ed.), § 13-110
- T.C.A. § 13-2-201.
Chapter 3 Regional Planning Part 1 Regional Planning Commission § 13-3-101. Planning regions — Creation of commissions — Members — Training and continuing education. - (a) The department of economic and community development may create and establish planning regions and define the boundaries respectively of such planning regions. Any such planning region may, in accordance with the boundary definition made by the department, be composed of the territory of a single county or of two (2) or more contiguous whole counties or of a part of a county or of contiguous parts of two (2) or more counties or of one (1) or more counties, together with a part or parts of another county or other counties or any other territory as designated and defined by the department whether the boundaries thereof conform to any existing boundary or boundaries of a county or counties of other political subdivision or subdivisions or do not so conform.
- (b) The department may create and establish a regional planning commission of any planning region created and defined under this section, with members selected in accordance with subsections (c)-(h); however, if the planning region consists of a single county, the members of the regional planning commission are to be selected according to provisions of subsection (i).
- (c)
- (1) The number of members of any such commission shall be determined by the commissioner, but shall not be less than five (5) nor more than fifteen (15).
- (2) The commissioner may designate, as members of a regional planning commission, persons who are members of county legislative bodies or of boards of aldermen or commissioners or other municipal legislative bodies; provided, that the members of the regional planning commission, so designated from county and municipal legislative bodies shall be less in number than a majority of the commission, and that not less than a majority of the members of the commission shall hold no salaried public office or position whatever, excepting offices or faculty memberships of a university or other educational institution.
- (3) Each person shall be nominated in writing by the chief elected officer of any county having a metropolitan form of government, the county mayor of any other county, or the chief elected officer of any municipality lying inside of the boundary of the planning region before being designated by the commissioner.
- (4) All nominations must be received by the department within thirty (30) days after the creation of a new regional planning commission or within thirty (30) days after a position is vacated on an existing commission. Notwithstanding any other provision of law to the contrary, a member of any commission is authorized to continue to serve until the member's successor has been nominated and approved as stated herein.
- (5) In making such appointments, the commissioner shall strive to ensure that the racial composition of each regional planning commission is at least proportionately reflective of the region's racial minority population.
- (d)
- (1) Except as provided in subdivision (d)(2), the county or municipal legislative body of a local government participating in a regional planning region may establish the compensation for each member nominated by the respective unit of local government. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
- (2) If members of such commission also serve as the zoning board for any county which has adopted zoning, such members may be compensated in an amount to be fixed by the county legislative body of such county and may be allowed necessary traveling and other expenses while engaged in the work of or for the commission or the zoning board.
- (e)
- (1) The term of any member designated from a county or municipal legislative body shall be coterminous with such member's then term as a member of such county or municipal body.
- (2) The terms of appointed members, as distinguished from members designated from a county or municipal legislative body, shall be four (4) years, except that the terms of three (3) of the members first appointed to any regional commission shall be one (1), two (2) and three (3) years respectively.
- (f) The commissioner may remove a member of such a commission for cause specified in writing served on the member and after hearing, of which such member shall be given not less than fifteen (15) days' written notice.
- (g) Any vacancy in the membership of such a commission shall be filled by the commissioner for the unexpired term, except that if such vacancy is filled by designation from a county or municipal legislative body, the term of the member so designated shall be coterminous with such member's then term as member of such body.
- (h) Authority granted under this section to the commissioner or to the department shall be exercised with the approval of the local government planning advisory committee.
- (i)
- (1) In the event the boundaries of an existing planning region, as determined by the department of economic and community development, conform to the existing boundaries of a single county, the members of the regional planning commission for that region shall be appointed by the county mayor, subject to confirmation by the county legislative body.
- (2) The number of members of any such commission shall be determined by the county legislative body, but shall not be less than five (5) nor more than fifteen (15).
- (3) The composition of such regional planning commission, the compensation of its members and the terms of service are subject to the same restrictions as stated in subdivision (c)(2) and subsections (d) and (e).
- (4) Any vacancy in the membership of such regional planning commission shall be filled through appointment by the county mayor, subject to confirmation by the county legislative body.
- (5) The county legislative body may remove a member of such a commission for cause specified in writing served on the member and after hearing, of which such member shall be given not less than fifteen (15) days' written notice.
- (6) A member of any such regional planning commission who is serving on the date this provision becomes effective may continue to serve for the term to which that person was appointed.
- (7) In the event that a county and a municipality or municipalities lying within such county, pursuant to local agreement, statute, or otherwise, participate jointly in a planning region, then members of the planning commission for such a region shall be selected and governed according to subsections (c)-(h).
- (j)
- (1) Each planning commissioner shall, within one (1) year of initial appointment and each calendar year thereafter, attend a minimum of four (4) hours of training and continuing education in one (1) or more of the subjects listed in subdivision (j)(5). At least one (1) hour of the annual education requirement shall concentrate on the rights of private property owners and the relationship of those rights to the public planning process.
- (2) Each full-time or contract professional planner or other administrative official whose duties include advising the planning commission shall, each calendar year, attend a minimum of eight (8) hours of training and continuing education in one (1) or more of the subjects listed in subdivision (j)(5). A professional planner who is a member of the American Institute of Certified Planners (AICP) shall be exempt from this requirement.
- (3) Each of the individuals listed in subdivisions (j)(1) and (2) shall certify by December 31 of each calendar year such individual's attendance by a written statement filed with the secretary of such individual's respective planning commission. Each statement shall identify the date of each program attended, its subject matter, location, sponsors, and the time spent in each program. A professional planner who is a member of the AICP shall be exempt from this requirement.
- (4) The legislative body of a county in a single county regional planning commission, or the legislative bodies of the counties in a multiple county planning commission, or the legislative bodies of the county and the municipality in a joint municipal and county planning commission shall be responsible for paying the training and continuing education course registration and travel expenses for each planning commissioner and full-time professional planner or other administrative official whose duties include advising the planning commission.
- (5) The subjects for the training and continuing education required by subdivisions (j)(1) and (2) shall include, but not be limited to, the following: land use planning; zoning; flood plain management; transportation; community facilities; ethics; public utilities; wireless telecommunications facilities; parliamentary procedure; public hearing procedure; land use law; natural resources and agricultural land conservation; economic development; housing; public buildings; land subdivision; and powers and duties of the planning commission. Other topics reasonably related to the duties of planning commission members or professional planners or other administrative officials whose duties include advising the planning commission may be approved by majority vote of the planning commission prior to December 31 of the year for which credit is sought.
- (6) Each local planning commission shall keep its official public record originals of all statements and the written documentation of attendance required to comply with these provisions for three (3) years after the calendar year in which each statement and appurtenant written documentation is filed.
- (7) Each planning commissioner and each professional planner or other administrative official whose duties include advising the planning commission shall be responsible for obtaining written documentation signed by a representative of the sponsor of any training and continuing education course for which credit is claimed, acknowledging the fact that the individual attended the program for which credit is claimed. A member of the AICP shall be exempt from this requirement.
- (8) If a planning commissioner fails to complete the requisite number of hours of training and continuing education within the time allotted by this subsection (j) or fails to file the statement required by this subsection (j), then this shall constitute a cause for the removal of the planning commission member from the planning commission.
- (9) The legislative body of a county in a single county regional planning commission, the legislative bodies of the counties in a multiple county planning commission or the legislative bodies of the county and the municipality in a joint municipal and county planning commission may, at any time, opt out of this subsection (j) by passage of a resolution or ordinance, as appropriate; provided, that for a multiple county planning commission or joint municipal/county planning commission, all governmental entities included in such multiple or joint planning commission must pass the resolution or ordinance in order to opt out of this provision. Further, any such legislative bodies that have opted out may, at a later date, opt in by passage of a resolution or ordinance in the same manner required to opt out.
History (18)
- Acts 1935, ch. 43, § 9
- mod. C. Supp. 1950, § 3291.15 (Williams, § 552.15)
- Acts 1972, ch. 542, § 13
- 1976, ch. 806, § 1(137)
- impl. am. Acts 1978, ch. 934, §§ 7, 16, 36
- T.C.A. (orig. ed.), § 13-201
- Acts 1982, ch. 619, § 1
- 1983, ch. 442, §§ 7, 8
- 1993, ch. 135, § 1
- 1993, ch. 394, §§ 1, 2
- 1995, ch. 98, §§ 1, 2
- 1995, ch. 501, § 10
- 1996, ch. 977, § 1
- 1999, ch. 93, § 1
- 2002, ch. 862, § 2
- 2003, ch. 90, § 2
- 2009, ch. 47, §§ 1-3
- 2013, ch. 456, § 4.
§ 13-3-102. Municipal commission designated as regional planning commission. - In the event that, acting under the power granted to it in parts 1-3 of this chapter, the department of economic and community development creates and establishes any planning region composed of the territory of a single municipality, together with territory adjoining but outside of such municipality, no part of which is outside the municipality's urban growth boundary, or, if no such boundary exists, more than five (5) miles beyond the limits of such municipality, and in the further event that such municipality has a municipal planning commission, then in such event the department, in lieu of creating, designating and appointing a new regional planning commission for such region, may designate the municipal commission as the regional planning commission of such region, and when so designated, the commission, when acting as a regional commission for such region, shall have all the powers and be governed by the provisions set forth in parts 1-3 of this chapter, or in any other statutory provision relating to regional planning commissions; provided, that the department shall not have power of appointment or removal of any member of such municipal planning commission serving regional areas. At least one (1) member of a municipal planning commission composed of five (5) members, and two (2) members of a municipal planning commission composed of more than five (5) members but less than eleven (11) members, who are appointed to the municipal planning commission designated as a regional planning commission, shall reside within the regional area outside of the municipal boundaries served by the regional planning commission; provided, that, if the regional area outside of the municipal boundaries is less than fifty percent (50%) of the entire regional area, then only one (1) member of the municipal planning commission shall be appointed from the regional area outside the municipal boundaries regardless of the number of members on the municipal planning commission, or, in the alternative, the municipal planning commission may be increased in size by the number of members who are appointed from the regional area outside the municipal boundaries. The acceptance of any such designation shall not, however, be obligatory upon but shall be subject to the consent of the designated municipal planning commission. Authority granted under this section to the department shall be exercised with the approval of the local government planning advisory committee.
History (7)
- Acts 1935, ch. 43, § 9
- mod. C. Supp. 1950, § 3291.15 (Williams, § 552.15)
- Acts 1972, ch. 542, § 14
- T.C.A. (orig. ed.), § 13-202
- Acts 1998, ch. 1101, § 25
- 2007, ch. 253, § 1
- 2009, ch. 600, § 1.
§ 13-3-103. Organization of regional planning commissions — Planning director — Expenses — Rules and records. - Each regional planning commission shall elect its chair from among its appointed members. The term of the chair shall be one (1) year with eligibility for reelection. Each regional planning commission shall adopt rules for the transaction of business which shall include, but not be limited to, the selection of additional officers from among its members it deems appropriate to fulfill the organizational needs of the regional planning commission, the requirements for the regional planning commission to make findings of fact, statements of material evidence and reasons for its actions as part of each motion or action of the regional planning commission and the keeping of a record of its resolutions, transactions, motions, actions, and determinations which shall be a public record. Any provision relating to the appointment of a planning director contained in any metropolitan or county charter or private act or interlocal agreement must be used in appointing a planning director. In the absence of such a provision, the county mayor, county executive or metropolitan mayor or executive shall, in accordance with § 5-6-106(c), have the authority to appoint a planning director, who shall be qualified by membership in the American Institute of Certified Planners, experienced in city, regional or state planning or educated in a related academic field. Any person serving as a planning director on March 31, 2010, shall not be required to meet the aforementioned qualifications. The planning director shall have the power and authority to hire and fix the compensation, within the funds appropriated by the legislative body for this purpose, of such other employees and staff as the director may deem necessary for the work of the planning commission. The regional planning commission may also contract with planners or other experts for such services as it may require within the funds appropriated by the legislative body for this purpose. The trustee or other appropriate financial official of the county or metropolitan government, within the funds appropriated by the legislative body for this purpose, will disperse funds for the salary or salaries of the planning director and staff and the operational expenses of the planning office and the contracted services of planners or other experts retained to provide assistance to and studies, plans, reviews and reports for the regional planning commission. A regional planning commission serving a single county may also receive and expend funds from grants, gifts, contracts, fees, and appropriations from federal, state, other local governments or private sources for the purpose of carrying on its planning functions, subject to appropriation of the county legislative body. A multi-jurisdictional regional planning commission may receive and expend funds from grants, gifts, contracts, fees, and appropriations from federal, state, other local governments or private sources for the purpose of carrying on its planning functions in accordance with the interlocal agreement which created the commission.
History (6)
- Acts 1935, ch. 43, § 10
- C. Supp. 1950, § 3291.16 (Williams, § 552.16)
- impl. am. Acts 1972, ch. 542, § 15
- impl. am. Acts 1978, ch. 934, §§ 7, 16, 36
- T.C.A. (orig. ed.), § 13-203
- Acts 2010, ch. 701, § 2.
§ 13-3-104. Powers and functions of commission. - (a) It is the further duty of a regional planning commission to promote the mutual cooperation of the planning commissions of municipalities within the region, and the coordination of the plans of such municipalities with the plan of the region, and generally to confer with and advise municipal and county mayors and legislative bodies and officials for the purpose of promoting a coordinated and adjusted development of the region. Any such commission may also advise county and municipal legislative bodies with respect to the formulation of public improvement programs and the financing of such programs. It may also cooperate with the planning, legislative or executive authorities of neighboring states, regions, counties or municipalities for the purpose of promoting coordination between the development of the region and adjoining or neighboring territory.
- (b) All municipal, county and other local public officials shall, upon request, furnish to the commission, within a reasonable time, such available information as it may require for its work.
- (c) The commission, its members and employees, in the performance of its functions, may enter upon any land and make examinations and surveys and place and maintain necessary monuments and marks on such land.
- (d) In general, the commission has such powers as may be necessary for it to perform its functions and to promote regional planning.
History (5)
- Acts 1935, ch. 43, § 15
- C. Supp. 1950, § 3291.21 (Williams, § 552.21)
- impl. am. Acts 1978, ch. 934, §§ 7, 36
- T.C.A. (orig. ed.), § 13-208
- Acts 2003, ch. 90, § 2.
§ 13-3-105. Public works in planning regions — Approval by department of economic and community development. - From and after the time of the creation and defining by the department of economic and community development of a planning region, and the appointment by the department of a regional planning commission of such region, thenceforth the department of transportation or any other state department shall not agree to supply or appropriate money for the construction of any road, bridge, or other public structure within the region, nor shall any state department construct or contribute to the construction of any street, road or other public structure within any municipality in the region, nor shall any county lying wholly or partly within the region participate in the expenditure of the funds of any state department or be aided in the construction of any road, bridge, or other public structure within the region, nor shall state liability be incurred incident to the acquisition of rights-of-way or other property for any highway or other public improvement within the region, nor any other state aid be given for any road, bridge, building or other public structure within the region, until and unless such supply, appropriation, construction, contribution, participation, liability or aid has been submitted to the department of economic and community development and until the department has given and reported its judgment, opinion and recommendations thereon to the court, board, official or department having charge of such acquisition, supply, appropriation, contribution, participation, liability, aid, construction, or authorization; provided, that in the event that the department fails to make such report within thirty (30) days from and after the date of the submission to it, this requirement shall be deemed to have been waived; and in passing upon the question of its approval, the department may take into account the quality of the work of the regional planning commission; the object of this requirement being to promote the application of planning methods and principles in the location, character and extent of public works financed with the help of state aid.
History (6)
- Acts 1935, ch. 43, § 16
- C. Supp. 1950, § 3291.22 (Williams, § 552.22)
- impl. am. Acts 1959, ch. 9, § 3
- impl. am. Acts 1972, ch. 542, § 15
- impl. am. Acts 1972, ch. 829, § 7
- T.C.A. (orig. ed.), § 13-209.
Part 3 Regional Plan § 13-3-301. Regional plan — Municipality adopting. - (a) It is the function and duty of a regional planning commission to make and adopt a general regional plan for the physical development of the territory of the region. Any such plan shall include the planning of municipal territory to the extent which, in the commissioner's judgment, the same is related to the planning of the region as a whole; provided, that the plan shall not be deemed an official plan or part of the official plan of any municipality having a municipal planning commission unless adopted as such by the municipal planning commission. The board of aldermen or commissioners or other chief legislative body of any municipality may designate the regional planning commission of a region in which such municipality is located as the planning commission of such municipality, and, in the event of such designation, the regional planning commission shall have such powers regarding the planning of the municipality, and the plan of the municipality made and adopted by the regional planning commission shall have the same force and effect as provided by law for municipal planning commissions and municipal plans.
- (b) The regional plan, with the accompanying maps, plats, charts, and descriptive matter, shall show the regional planning commission's recommendations for the development of the territory covered by the plan, and may include, among other things, the general location, character and extent of public ways, ground and other public property; the general location and extent of public utilities and terminals, whether publicly or privately owned, for power, light, heat, sanitation, transportation, communication, water and other purposes; the removal, relocation, extension, widening, narrowing, vacating, abandonment or change of use of existing public ways, grounds, open spaces, buildings, properties, utilities or terminals; the general character, location and extent of community centers, town sites or housing developments; the location and extent of forests, agricultural areas and open development areas for purposes of conservation, food and water supply, sanitary and drainage facilities or the protection of urban development, and the identification of areas where there are inadequate or nonexistent publicly or privately owned and maintained services and facilities when the planning commission has determined the services are necessary in order for development to occur; a land classification and utilization program; and a zoning plan for the regulation of the height, area, bulk, location and uses of buildings, the distribution of population, and the uses of land for trade, industry, habitation, recreation, agriculture, forestry, soil and water conservation and other purposes.
History (4)
- Acts 1935, ch. 43, § 11
- C. Supp. 1950, § 3291.17 (Williams, § 552.17)
- T.C.A. (orig. ed.), § 13-204
- Acts 2008, ch. 1150, § 1.
§ 13-3-302. General purpose of plan. - The regional plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted, efficient and economic development of the region which will, in accordance with present and future needs and resources, best promote the health, safety, morals, order, convenience, prosperity and welfare of the inhabitants, as well as efficiency and economy in the process of development, including, among other things, such distribution of population and of the uses of the land for urbanization, trade, industry, habitation, recreation, agriculture, forestry and other uses as will tend to create conditions favorable to transportation, health, safety, civic activities and educational and cultural opportunities, reduce the wastes of financial and human resources which result from either excessive congestion or excessive scattering of population, and tend toward an efficient and economic utilization, conservation and production of the supply of food, water, minerals, drainage, sanitary and other facilities and resources, and identify areas where there are inadequate or nonexistent publicly or privately owned and maintained services and facilities when the planning commission has determined that the services are necessary in order for development to occur.
History (4)
- Acts 1935, ch. 43, § 12
- C. Supp. 1950, § 3291.18 (Williams, § 552.18)
- T.C.A. (orig. ed.), § 13-205
- Acts 2008, ch. 1150, § 2.
§ 13-3-303. Procedure of commission in adopting plan. - A regional planning commission may adopt the regional plan as a whole by a single resolution, or, as the work of making the plan progresses, may from time to time adopt a part or parts thereof. The commission may from time to time amend, extend or add to the plan or carry any part of the plan into greater detail. Prior to the adoption of the plan or any part, amendment or addition to the plan, the commission shall hold a public hearing thereon, the time and place of which shall be published in a newspaper of general circulation in the county at least thirty (30) days prior to the meeting in which the adoption is to be first considered. The adoption of the plan or any part, amendment or addition shall be by resolution carried by the affirmative votes of not less than a majority of the membership of the commission. The resolution shall refer to the maps and descriptive matter intended by the commission to form the whole or part of the plan, and the action taken shall be recorded on the map or maps and descriptive matter by the identifying signature of the secretary of the commission.
History (4)
- Acts 1935, ch. 43, § 13
- C. Supp. 1950, § 3291.19 (Williams, § 552.19)
- T.C.A. (orig. ed.), § 13-206
- Acts 2008, ch. 1150, § 3.
§ 13-3-304. Certification of plan to counties and municipalities — Adoption by municipalities. - (a) The regional planning commission shall certify a copy of its regional plan or any adopted part or amendment thereof or addition thereto to the department of economic and community development, to the legislative body of the county or of each county lying wholly or partly within the region, and to the planning commission of each municipality having a planning commission and located within the region. Any municipal planning commission which receives any such certification may adopt, as a part or amendment of or addition to the plan of the municipality, so much of the regional plan or part or amendment thereof, or addition thereto as falls within the territory of the municipality, and when so adopted, it shall have the same force and effect as though made and prepared, as well as adopted, by such municipal planning commission.
- (b)
- (1) Once the planning commission of the region or the municipality has adopted and certified the general regional plan, the planning commission's transmittal of the certification to the legislative body may simultaneously include a resolution by the planning commission requesting the legislative body's consideration and adoption of the general regional plan. The county legislative body, by resolution or the municipal legislative body by ordinance, may adopt the general regional plan, or in the case of the municipality, their element of the plan as certified by the planning commission. Prior to the adoption of the general regional plan or amendment of the general regional plan by a legislative body, the legislative body shall hold a public hearing thereon, the time and place of which shall be published in a newspaper of general circulation in the county at least thirty (30) days prior to the meeting in which the adoption or amendment is to be first considered. If the legislative body adopts the general regional plan in the form of an ordinance by the municipality or a resolution by the county, then any land use decisions thereafter made by the legislative body, planning commission or board of zoning appeals when the board of zoning appeals is exercising its powers on matters other than variances, must be consistent with the general regional plan.
- (2) [For applicability of prior law in certain counties, see Compiler's Notes.] If the planning commission initiates the adoption of and votes to adopt an amendment to the general plan, the legislative body must pass the amendment by a majority vote in order for the amendment to be operative.
- (3) [For applicability of prior law in certain counties, see Compiler's Notes.]
- (A) The general regional plan may be amended upon the initiative of the legislative body. The initiative must be transmitted, in writing, to the planning commission for its review, consideration, and vote. The planning commission must take action on the amendment within sixty-one (61) days of the submittal of the amendment to the planning commission by the legislative body.
- (B) If the planning commission votes to approve or not approve the amendment or transmits it back to the legislative body with no recommendation, the legislative body must then approve the amendment by a majority vote in order for the amendment to be operative.
- (4) [Not applicable in certain counties. See Compiler's Notes.] The general regional plan may be adopted as an element of the jurisdiction's growth plan through the process established in title 6, chapter 58, but if the regional general plan is not adopted as part of the growth plan, it nevertheless cannot be inconsistent with the growth plan or the intent of title 6, chapter 58.
History (8)
- Acts 1935, ch. 43, § 14
- C. Supp. 1950, § 3291.20 (Williams, § 552.20)
- impl. am. Acts 1972, ch. 542, § 15
- impl. am. Acts 1978, ch. 934, §§ 7, 36
- T.C.A. (orig. ed.), § 13-207
- Acts 2008, ch. 1150, § 4
- 2010, ch. 648, § 1
- 2022, ch. 993, § 1.
Part 4 Regional Planning Regulations § 13-3-401. Chapter definitions. - As used in this chapter, unless the context otherwise requires:
- (1) “Plat” includes plat, plan, plot or replot;
- (2) “Regional planning commission” means any regional planning commission established by the department of economic and community development as provided by law, and includes any municipal planning commission designated by the department as the regional planning commission of a planning region composed of the territory of a single municipality, together with the territory adjoining but outside of such municipality, no part of which is outside the municipality's urban growth boundary or, if no such boundary exists, more than five (5) miles beyond the limits of such municipality;
- (3) “Road” or “roads” means, relates to and includes roads, streets, highways, avenues, boulevards, parkways, lanes or other ways or any part thereof;
- (4)
- (A) “Subdivision” means, in any county having a population of not less than thirty-two thousand seven hundred (32,700) nor more than thirty-two thousand seven hundred sixty (32,760), according to the 1980 federal census or any subsequent federal census, the division of a tract or parcel of land into two (2) or more lots, sites or other divisions 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 subdividing or to the land or area subdivided; provided, that “subdivision” does not include a division of any tract or parcel of land into two (2) or more tracts or parcels when such parts or parcels are five (5) acres or larger in size; and
- (B)
- (i) “Subdivision” means, in all counties except those in subdivision (4)(A), 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;
- (ii) As used in subdivision (4)(B)(i), “utility construction” does not include the mere extension of individual service pipes or lines for the purpose of directly connecting a single lot, site or other division to existing utility mains.
History (9)
- Acts 1935, ch. 35, § 6, C. Supp. 1950, § 3493.9 (Williams, § 3493.15)
- impl. am. Acts 1972, ch. 542, § 15
- Acts 1976, ch. 692, § 1
- T.C.A. (orig. ed.), § 13-301
- Acts 1984, ch. 961, §§ 1, 3
- 1985, ch. 149, § 1
- 1988, ch. 597, § 1
- 1998, ch. 1101, § 26
- 2008, ch. 746, § 1.
§ 13-3-402. Regional planning commission platting authority — Recording plat by county register — Variances. - (a)
- (1) From and after the time when the regional planning commission of any region, as defined and created by the department of economic and community development, has adopted a regional plan which includes at least a major road plan or has progressed in its planning to the state of the making and adoption of a major road plan, and has filed a certified copy of such major road plan in the office or offices of the county register or registers of the county or counties lying in whole or in part in such region, then no plat of a subdivision of land within such region, other than land located within the boundaries of any municipal corporation, shall be filed for record or recorded until it has been approved by such regional planning commission or the staff of the regional planning commission if this responsibility has been delegated to the staff by the regional planning commission as provided in subsection (c), and such approval endorsed in writing on the plat by the secretary of the commission or by another designee of the regional planning commission; provided, that if the plat of subdivision divides the tract into no more than twenty-five (25) lots if the development received preliminary plan approval through the regional planning commission, or five (5) lots if the development did not require preliminary plan approval through the regional planning commission, the approval may be endorsed in writing on the plat by the secretary of the commission or by another designee of the regional planning commission without the approval of the regional planning commission, and upon certification by the regional planning commission, or by the planning staff of the regional planning commission if the commission has delegated this responsibility to its planning staff pursuant to subsection (c), that the subdivision complies with such regulations governing a subdivision of land as have been adopted by the regional planning commission pursuant to § 13-3-403; provided further, that no request for variance from such regulations has been requested.
- (2) No plat shall be submitted to or approved by the regional planning commission or the staff of the regional planning commission if this responsibility has been delegated to the staff by the regional planning commission as provided in subsection (c) unless it is submitted by the owner of the property to be subdivided by the plat, or a governmental entity. “Owner,” for purposes of this section, means the legal or beneficial owner or owners of all the land proposed to be included in the proposed subdivision, or the holder of a written option or contract to purchase the land, or the attorney or authorized representative of any of the aforementioned.
- (b) A county register shall not receive, file, or record a plat of a subdivision, or an amendment, modification, or correction to a recorded plat of a subdivision, without the approval of the regional planning commission, or the planning staff of the regional planning commission if this responsibility has been delegated to the planning staff pursuant to subsection (c), when and as required by this part. Each such plat so filed shall include the most recent recorded deed book number and page number for each deed constituting part of the property being platted. Notwithstanding this subsection (b), an easement or survey attached to an easement granted to the state, a county, municipality, metropolitan government, or entity of the state, county, municipality or metropolitan government, shall not constitute an amendment, modification, or correction of a recorded plat of a subdivision.
- (c)
- (1) A regional planning commission may delegate the responsibility for approval of a subdivision plat to the staff of the regional planning commission by a majority vote of the regional planning commission that is taken in a public meeting after being placed on the regional planning commission's meeting agenda and notice being provided as required for other matters before the regional planning commission.
- (2) A regional planning commission may only delegate the responsibility for approval of a subdivision plat that includes:
- (A) No more than twenty-five (25) lots and only if the development received preliminary plan approval through the regional planning commission; or
- (B) No more than five (5) lots if the development did not require preliminary plan approval through the regional planning commission; provided, that:
- (i) The subdivision complies with such regulations governing a subdivision of land as adopted by the regional planning commission pursuant to § 13-3-403;
- (ii) No request for a variance from such regulations has been requested; and
- (iii) A division of land requiring new road or utility construction is not approved by the planning staff under this subsection (c) unless the plan received preliminary approval by the regional planning commission.
- (3) A regional planning commission shall not delegate to its planning staff the authority to preliminarily approve, finalize approval of, or certify a subdivision plat, regardless of the number of lots proposed for the subdivision plan, consistent with the parameters of this section, unless each county and municipal legislative body, lying in whole or in part within, and subject to, the jurisdiction of the regional planning commission, approves such delegation by a majority vote of their respective legislative bodies.
- (d) A regional planning commission may grant variances to subdivision regulations, if such variances are adopted at a public meeting of the commission.
History (14)
- Acts 1935, ch. 35, § 1
- C. Supp. 1950, § 3493.10
- impl. am. Acts 1972, ch. 542, § 15
- Acts 1976, ch. 803, § 1
- 1977, ch. 267, § 1
- T.C.A. (orig. ed.), § 13-302
- Acts 1981, ch. 73, § 1
- 1988, ch. 554, § 1
- 1989, ch. 591, §§ 1, 6
- 2004, ch. 576, § 2
- 2006, ch. 547, § 1
- 2006, ch. 644, §§ 1, 3, 5
- 2018, ch. 1000, §§ 2-4
- 2022, ch. 994, §§ 1-3.
§ 13-3-403. Platting regulations — Road and utility main regulations — Completion bond — Hearing on regulations. - (a) In exercising the powers granted to it by § 13-3-402, the regional planning commission shall adopt regulations governing the subdivision of land within its jurisdiction. Such regulations may provide for the harmonious development of the region and its environs; for the coordination of roads within the subdivided land with other existing or planned roads or with the state or regional plan or with the plans of municipalities in or near the region; for adequate open spaces for traffic, light, air and recreation; for the conservation of or production of adequate transportation, water, drainage and sanitary facilities; for the avoidance of population congestion; and for the avoidance of such scattered or premature subdivision of land as would involve danger or injury to health, safety or prosperity by reason of the lack of water supply, drainage, transportation or other public services or would necessitate an excessive expenditure of public funds for the supply of such services or would be located in areas where there are inadequate or nonexistent publicly or privately owned and maintained services and facilities when the planning commission has determined the services are necessary in order for development to occur.
- (b)
- (1) As a condition precedent to the final approval of the plat, the regulations may include infrastructure improvement requirements as to the extent to which and the manner in which:
- (A) Roads are constructed and improved;
- (B) Water, sewer, and other utility mains, piping, and connections are constructed or installed; or
- (C) Other infrastructure and facilities are constructed or installed.
- (2) The regulations of the regional planning commission may provide for the preliminary approval of the plat before the infrastructure improvements, but any preliminary approval shall not be entered on the plat.
- (3) In lieu of the completion of the infrastructure improvements before the final approval of a subdivision plat, the regional planning commission may grant final plat approval subject to the submittal and acceptance of a bond, letter of credit, or other method of assurance, in form, in amount, and with conditions and surety satisfactory to the regional planning commission. The bond, letter of credit, or other method of assurance shall provide for and secure to the public and the local government the actual construction and installation of the infrastructure improvements within a period specified by the regional planning commission and expressed in the bond, letter of credit, or other method of assurance.
- (4) The attorney for the county shall enforce any bond, letter of credit, or other method of assurance by all appropriate legal and equitable remedies, and moneys collected on the bond, letter of credit, or other method of assurance shall be paid into the county's treasury. Upon the order of the regional planning commission, the moneys shall be applied to the construction and installation of the infrastructure improvements.
- (c)
- (1) Before adoption of its subdivision regulations or any amendment thereof, a public hearing thereon shall be held by the regional planning commission, thirty (30) days' notice of the time and place of which shall be given by one (1) publication in a newspaper of general circulation in each county lying wholly or partly in the region.
- (2)
- (A) The adoption of subdivision regulations or an amendment to existing subdivision regulations proposed by a regional planning commission shall not be given effect unless approved:
- (i) By the county legislative body of each county lying wholly or partly within the region and by the governing body of each municipality lying wholly or partly within the region;
- (ii) By only the legislative body of the county that is regulated by those subdivision regulations, if the subdivision regulations apply only to land outside of any municipality within the region; or
- (iii) By only the governing body of the municipality that is regulated by those subdivision regulations, if the subdivision regulations apply only to land within municipal boundaries.
- (B) This subdivision (c)(2) applies to a regional planning commission if the legislative body of each county and municipality lying wholly or partly within the region adopts a resolution or ordinance requiring approval of the regional planning commission's subdivision regulations or amendments to existing subdivision regulations.
- (d)
- (1) In exercising the powers granted to it by § 13-3-402, a regional planning commission shall not require an owner of private property to dedicate real property to the public, or pay money to a public entity in an amount that is determined on an individual and discretionary basis, unless there is an essential nexus between the dedication or payment and a legitimate local governmental interest and the dedication or payment is roughly proportional both in nature and extent to the impact of the proposed use or development of the property. An owner of private property required to make a dedication or pay money in violation of this subdivision (d)(1) may seek relief through a common law writ of certiorari in chancery court.
- (2) Regulations adopted by regional planning commissions pursuant to this section must include the provisions in subdivision (d)(1).
- (3) This subsection (d) does not apply to an assessment, fee, or charge that is imposed on a broad class of property owners by a local governmental entity.
History (11)
- Acts 1935, ch. 35, § 2
- C. Supp. 1950, § 3493.11
- modified
- T.C.A. (orig. ed.), § 13-303
- Acts 1998, ch. 1080, § 7
- 2008, ch. 1150, § 5
- 2009, ch. 35, § 1
- 2011, ch. 73, § 1
- 2015, ch. 209, § 1
- 2018, ch. 1000, § 1
- 2022, ch. 1128, § 1.
§ 13-3-404. Procedure upon submission of plats — Procedure in certain counties. - (a) The regional planning commission shall approve or disapprove a plat within sixty (60) days after the initial consideration of the plat by the regional planning 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 government 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 regional planning 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. The ground of disapproval of any plat shall be stated upon the records of the commission. Any plat submitted to the commission shall contain the name and address of a person to whom notice of hearing may be sent; and no plat shall be acted upon by the commission without affording a hearing thereon, notice of the time and place of which shall be sent by mail to the address not less than five (5) days before the date fixed for such hearing.
- (b) In incorporated municipalities located within any county having a population of not less than three hundred twenty-five thousand (325,000) nor more than four hundred thousand (400,000), according to the 1990 federal census or any subsequent federal census, if the regional planning commission approves or disapproves a plat after a hearing thereon, then the applicant submitting the plat or any person who was a party for or against the plat request at the planning commission hearing shall have the right within thirty (30) days after such approval or disapproval to have the action of the regional planning commission reviewed by the municipal legislative body having jurisdiction over the plat in question, which shall by majority vote approve or disapprove the plat. If the plat is approved, then the secretary of the regional planning commission shall endorse the plat for recording as prescribed in § 13-3-402. No such plat shall be recorded until after the municipal legislative body has acted on a request for a review of the action of the planning commission if there is a request within thirty (30) days.
History (7)
- Acts 1935, ch. 35, § 3
- C. Supp. 1950, § 3493.12
- T.C.A. (orig. ed.), § 13-304
- Acts 1973, ch. 402, § 1
- 1993, ch. 313, § 1
- 2001, ch. 295, § 1
- 2008, ch. 984, § 1.
§ 13-3-405. Plat approval not acceptance of road. - The approval of a plat by the regional planning commission shall not be deemed to constitute or effect an acceptance by any county or by the public of the dedication of any road or other ground shown upon the plat.
History (3)
- Acts 1935, ch. 35, § 4
- C. Supp. 1950, § 3493.13
- T.C.A. (orig. ed.), § 13-305.
§ 13-3-406. Acceptance of and improvements of unapproved roads. - From and after the time when the platting jurisdiction of any regional planning commission of any region has attached by virtue of the making and adoption of a major road plan as provided in § 13-3-402, no county or court or board or officer thereof or any other public officer or authority shall accept, lay out, open, improve, grade, pave or light any road or lay or authorize water mains or sewers or connections or other facilities or utilities to be laid in any road located within such region and outside of the boundaries of municipal corporations, unless such road has been accepted or opened or has otherwise received the legal status of a public road prior to the attachment of the planning commission's jurisdiction, or unless such road corresponds in its location and lines with a road shown on a subdivision plat approved by the planning commission or on a road plat made and adopted by the planning commission; provided, that the county legislative body of such county may accept or lay out any other road or adopt any other road location; provided further, that the resolution or other measure for such acceptance, laying out or adoption is first submitted to the planning commission for its approval and, if disapproved by the commission, receives the favorable vote of not less than a majority of the entire membership of the county legislative body; and a road approved by the planning commission upon such submission, or accepted, laid out, or adopted by the commission, shall have the status of an approved road location as fully as though it had been originally shown on a subdivision plat approved by the planning commission or on a plat made and adopted by the planning commission. In the case, however, of any state highway constructed or to be constructed in the region by the state of Tennessee with state funds as a part of the state highway system, the submission to the planning commission shall be by the commissioner of transportation, who shall have the power to overrule the disapproval of the planning commission.
History (6)
- Acts 1935, ch. 35, § 5
- C. Supp. 1950, § 3493.14
- impl. am. Acts 1959, ch. 9, § 3
- impl. am. Acts 1972, ch. 829, § 7
- impl. am. Acts 1978, ch. 934, §§ 7, 36
- T.C.A. (orig. ed.), § 13-306.
§ 13-3-407. Applicability of part. - This part shall not apply to any subdivision, the plat of which has been registered prior to February 14, 1935.
History (3)
- Acts 1935, ch. 35, § 7
- C. Supp. 1950, § 3493.15 (Williams, § 3493.16)
- T.C.A. (orig. ed.), § 13-307.
§ 13-3-408. Divisions and plats partitioned by court excepted. - This part shall not apply to division and plats of land partitioned by a court of competent jurisdiction. However, plats filed under § 13-3-402 shall contain the information required by § 13-3-402 even though the land has been partitioned by a court of competent jurisdiction.
History (5)
- Acts 1935, ch. 35, § 8
- C. Supp. 1950, § 3493.16 (Williams, § 3493.17)
- Acts 1976, ch. 803, § 2
- T.C.A. (orig. ed.), § 13-308
- Acts 2009, ch. 77, § 1.
§ 13-3-409. Private acts relating to subdivision of lands — Effect. - This part shall not be construed as repealing or impairing any provision of any private act relating to the approval or regulation by the municipal authorities of the cities therein specified of the subdivision of land or the filing of plans, plots or replots of land lying within the distance therein specified beyond the corporate limits of such cities, or of any private act relating to the jurisdiction of any county planning commission of the county therein specified.
History (3)
- Acts 1935, ch. 35, § 9
- C. Supp. 1950, § 3493.17 (Williams, § 3493.18)
- T.C.A. (orig. ed.), § 13-309.
§ 13-3-410. Penalties for transferring lots in unrecorded subdivisions. - (a)
- (1) The owner or the agent of the owner of any land shall not:
- (A) Transfer or close the sale of the land by reference to, exhibition of, or by other use of a subdivision plat without first submitting a final subdivision plat to the regional planning commission and receiving the commission's approval and before the final plat is recorded in the appropriate register's office; or
- (B) Falsely represent to a prospective purchaser of the land that roads or streets will be constructed by a county or other political subdivision.
- (2) The description by metes and bounds in the instrument of transfer or other document used in the transfer does not exempt the transaction from a violation of this subsection (a). The county, through the county attorney or other official designated by the legislative body, may pursue an injunction or other appropriate remedy for a violation of this subsection (a).
- (b) The owner or agent of the owner of any land may close the sale of or transfer any lot or lots shown on a plat only after that plat has been given final plat approval by the regional planning commission, and after the approved final plat is recorded in the office of the appropriate county register. The regional planning commission may grant final plat approval where the infrastructure improvements such as roads, water, sewer, utilities, other infrastructures, and facilities are not completed and accepted by the appropriate entities. For the regional planning commission to grant final approval, the owner or agent of the owner of the land to be granted final approval shall post a bond, letter of credit, or other method of assurance in form, in amount, and with conditions and surety satisfactory to the regional planning commission. The bond, letter of credit, or other method of assurance shall provide for and secure to the public and the county the actual construction and installation of the infrastructure improvements within a period specified by the regional planning commission.
- (c) The remedies and penalties provided by this chapter are to be applied exclusively to the owner or agent of the owner. Title to any tract conveyed without compliance with this chapter is not affected by this chapter unless the sale or transfer has been enjoined by a court of competent jurisdiction prior to the conveyance being recorded in the office of the appropriate county register. While the title to any such tract is not affected by this chapter, the tract remains otherwise subject to all provisions of this chapter.
History (8)
- Acts 1935, ch. 35, § 10, as added by Acts 1951, ch. 222, § 2 (Williams, § 3493.19)
- 1959, ch. 132, § 1
- impl. am. Acts 1978, ch. 934, §§ 7, 36
- T.C.A. (orig. ed.), § 13-310
- Acts 1989, ch. 591, § 113
- 1993, ch. 203, § 1
- 2015, ch. 209, §§ 2, 3
- 2021, ch. 39, §§ 1-3.
§ 13-3-411. Prerequisites for issuing building permits or erecting buildings — Proposed permanent easements. - (a) From and after the time when the platting jurisdiction of any regional planning commission has attached as provided in § 13-3-402, no building permit shall be issued and no building shall be erected on any lot within the region, unless one (1) of the following four (4) criteria is met:
- (1) The street giving access to the lot upon which the building is proposed to be placed has been accepted or opened as, or shall have otherwise, received the legal status of, a public street prior to that time;
- (2)
- (A) The street corresponds in its location and lines with a street shown on a subdivision plat approved by the planning commission and recorded in the register of deeds; and
- (B) Whenever the street or other infrastructure improvements as denoted on the plat have not been completed, there shall be an adequate, valid, and enforceable bond, or an adequate, valid, and enforceable other guarantee for the completion of the improvements, which shall be held by the appropriate officials as provided in § 13-3-403. This subdivision (a)(2)(B) shall not be construed to require duplicate bonds or to require additional bonds when an adequate bond to complete the infrastructure is already in effect. This subdivision (a)(2)(B) shall not be construed as requiring a building contractor to post the bond required by § 13-3-403 on the infrastructure for the subdivision if such building contractor is not a developer of the subdivision;
- (3)
- (A) The lot fronts upon a permanent easement which conforms to all rules, regulations and specifications applicable to the permanent easement of the planning commission or other department, division or agency of the county; provided, that such rules, regulations, and specifications governing permanent easements shall not take effect until such rules, regulations, and specifications are approved by the county legislative body in a resolution by a two-thirds (⅔) vote; and
- (B) The permanent easement has access to an existing highway, street or thoroughfare, or with a street located or accepted by the county legislative body after submission to the planning commission, and in case of the planning commission's disapproval, by the favorable vote of the county legislative body required in § 13-3-406; or
- (4) The street corresponds in its location and lines with a street shown on a street plat made and adopted by the commission.
- (b) The planning commission or other department, division or agency of a county as approved by the planning commission may recommend to the county legislative body regulations to govern a proposed permanent easement in a proposed subdivision, as defined in § 13-3-401. The purpose of the regulations is to ensure that the county is not responsible for the future maintenance of such permanent easement.
- (c) Any building erected or to be erected in violation of this section is an unlawful structure, and the state building commission or the county attorney or other official designated by the county legislative body may institute a civil action to enjoin such erection or cause it to be vacated or removed.
History (6)
- Acts 1935, ch. 35, § 11, as added by Acts 1951, ch. 222, § 2 (Williams, § 3493.20)
- Acts 1972, ch. 681, § 1
- impl. am. Acts 1978, ch. 934, §§ 7, 36
- T.C.A. (orig. ed.), § 13-311
- Acts 1994, ch. 816, § 1
- 2014, ch. 914, §§ 1, 2, 4.
§ 13-3-412. New subdivision developments in the vicinity of established sport shooting ranges. - (a) For any new subdivision development that is located in whole or in part within one thousand feet (1,000′) of any portion of the outside boundary of any land on which is contained a sport shooting range that was established, by clear and convincing evidence, constructed or operated prior to the development of the subdivision, the owner of the development shall provide on any plat filed with the appropriate municipal or county official, or both, the following notice:
- Sport Shooting Range Area
- This property is located in the vicinity of an established sport shooting range. It can be anticipated that customary uses and activities at this shooting range will be conducted now and in the future. The use and enjoyment of this property is expressly conditioned on acceptance of any annoyance or inconvenience that may result from these uses and activities.
- (b) As used in this section, unless the context otherwise requires:
- (1) “Established” means a sport shooting range that is known by custom, reputation or otherwise to exist within a community or area prior to the time of the proposed subdivision development. Indicia of a sport shooting range being “established” are:
- (A) The range is listed in the area telephone book;
- (B) The range is, from time to time, advertised in the yellow pages of a telephone book, newspapers, billboards or flyers;
- (C) There are directional signs on public roads, streets or highways indicating the correct route to the shooting range;
- (D) The range is indicated on a road or other map of the area that predates the proposed subdivision development;
- (E) The shooting range is listed with the better business bureau or chamber of commerce of the area in which it is located; or
- (F) The owner of the range has a business license on file with the appropriate clerk; and
- (2) “Sport shooting range” or “range” means an area designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, or any other similar sport shooting.
- (c) This section shall only apply to counties that have a planning commission and subdivision regulations.
§ 13-3-413. Power of regional planning commission to promulgate provisions for development — Vesting period for development standards as to approved development plans. - (a) A regional planning commission shall have the power to promulgate provisions in its subdivision regulations and recommend amendments to the zoning ordinance for the establishment of review and approval powers for site plans and the establishment under the zoning provisions for review and approval of planned unit developments, overlay districts, mixed use developments, condominiums and other types of sustainable design and development of property. The provision of well-designed and properly constructed infrastructure within such developments is vital to the health, safety and welfare of the public utilizing such development and the community as a whole. These types of development typically contain infrastructure that may be dedicated to a governmental entity or may be controlled by other types of bodies or nongovernmental entities including, but not limited to, property owner associations. These infrastructure and internal development improvements such as, but not limited to, public and nonpublic roads, water and sewer lines, landscaping, green space, sustainable design features and other improvements as required by the planning commission, either through its subdivision regulation or through the local government's zoning ordinance, shall be subject to bonding or other methods of guaranteeing their installation. The planning commission may set and hold these guaranteeing instruments or may designate to another governmental body that duty and function.
- (b) A vested property right shall be established with respect to any property upon the approval, by the local government in which the property is situated, of a preliminary development plan or a final development plan where no preliminary development plan is required by ordinance or regulation or a building permit allowing construction of a building where there was no need for prior approval of a preliminary development plan for the property on which that building will be constructed. During the vesting period described in subsections (c) and (d), the locally adopted development standards which are in effect on the date of approval of a preliminary development plan or the date of approval of a building permit, as described by this subsection (b), shall remain the development standards applicable to that property or building during the vesting period.
- (c) Unless an extension is granted by the local government, the vesting period applicable to an approved construction project for which a building permit has been issued shall begin on the date of issuance of the building permit by the local government and shall remain in effect for the time period authorized by the approved building permit, including any approved renewal obtained by the applicant prior to the expiration or termination of the permit to be renewed; provided, that the applicant pursues with reasonable diligence site preparation, if applicable, and construction.
- (d)
- (1) The vesting period applicable to a development plan shall be a period of three (3) years, beginning on the date of the local government's approval of the preliminary development plan; provided, that the applicant obtains local government approval of a final development plan, secures any necessary permits and commences site preparation within the vesting period. If the applicant obtains local government approval of a final development plan, secures any necessary permits, and commences site preparation within the vesting period, then the vesting period shall be extended an additional two (2) years to commence construction from the date of the expiration of the three-year period. During the two-year period, the applicant shall commence construction and maintain any necessary permits to remain vested.
- (2) If construction commences during the vesting period, the development standards applicable during the vesting period shall remain in effect until the local government has certified final completion of the development or project; provided, that the total vesting period for the project shall not exceed ten (10) years from the date of the approval of the preliminary development plan, excluding any vesting period provided for in subdivision (l)(2), unless the local government grants an extension pursuant to an ordinance or resolution; provided further, that the applicant maintains any necessary permits during the ten-year period.
- (3) In the case of developments which proceed in two (2) or more sections or phases as described in the development plan, there shall be a separate vesting period applicable to each section or phase. The development standards which are in effect on the date of approval of the preliminary development plan for the first section or phase of the development shall remain the development standards applicable to all subsequent sections or phases of the development; provided, that the total vesting period for all phases shall not exceed fifteen (15) years from the date of the approval of the preliminary development plan for the first section or phase, excluding any vesting period provided for in subdivision (l)(2), unless the local government grants an extension pursuant to an ordinance or resolution; provided further, that the applicant maintains any necessary permits during the fifteen-year period.
- (e) A local government may, by ordinance or resolution, specifically identify the type or types of development plans within the local government's jurisdiction that will cause property rights to vest; provided, that regardless of nomenclature used in the ordinance or resolution to describe a development plan, a plan which contains any of the information described in subdivision (k)(5) or (k)(6) shall be considered a development plan that will cause property rights to vest according to this section. Any such ordinance or resolution shall also specify what constitutes approval of a development plan within its jurisdiction. If a local government has not adopted an ordinance or resolution pursuant to this section specifying what constitutes a development plan that would trigger a vested property right, then rights shall vest upon the approval of any plan, plat, drawing, or sketch, however denominated, that is substantially similar to any plan, plat, drawing, or sketch described in subdivision (k)(5) or (k)(6).
- (f)
- (1) During the vesting period described in subsections (c) and (d), the locally adopted development standards which are in effect on the date of approval of a preliminary development plan or the issuance of a building permit, whichever applies, shall remain the development standards applicable to the property described in such preliminary development plan or permit, except such rights shall terminate upon a written determination by the local government under the following circumstances pursuant to subdivision (f)(2):
- (A) When the applicant violates the terms and conditions specified in the approved development plan or building permit; provided, the applicant is given ninety (90) days from the date of notification to cure the violation; provided further, that the local government may, upon a determination that such is in the best interest of the community, grant, in writing, an additional time period to cure the violation;
- (B) When the applicant violates any of the terms and conditions specified in the local ordinance or resolution; provided, the applicant is given ninety (90) days from the date of notification to cure the violation; provided further, that the local government may, upon a determination that such is in the best interest of the community, grant, in writing, an additional time period to cure the violation;
- (C) Upon a finding by the local government that the applicant intentionally supplied inaccurate information or knowingly made misrepresentations material to the issuance of a building permit or the approval of a development plan or intentionally and knowingly did not construct the development in accordance with the issued building permit or the approved development plan or an approved amendment for the building permit or the development plan; or
- (D) Upon the enactment or promulgation of a state or federal law, regulation, rule, policy, corrective action or other governance, regardless of nomenclature, that is required to be enforced by the local government and that precludes development as contemplated in the approved development plan or building permit, unless modifications to the development plan or building permit can be made by the applicant, within ninety (90) days of notification of the new requirement, which will allow the applicant to comply with the new requirement.
- (2) A written determination by the local government of the occurrence of any of the circumstances provided in subdivision (f)(1) shall cause the vested property rights to terminate; provided, however, that a local government may allow a property right to remain vested despite such a determined occurrence when a written determination is made that such continuation is in the best interest of the community.
- (g)
- (1) A vested development standard shall not preclude local government enforcement of any development standard when:
- (A) The local government obtains the written consent of the applicant or owner;
- (B) The local government determines, in writing, that a compelling, countervailing interest exists relating specifically to the development plan or property which is the subject of the building permit that seriously threatens the public health, safety or welfare of the community and the threat cannot be mitigated within a reasonable period of time, as specified in writing by the local government, by the applicant using vested property rights;
- (C) Upon the written determination by the local government of the existence of a natural or man-made hazard on or in the immediate vicinity of the subject property, not identified in the development plan or building permit, and which hazard, if uncorrected, would pose a serious threat to the public health, safety, or welfare and the threat cannot be mitigated within a reasonable period of time, as specified in writing by the local government, by the applicant using vested property rights;
- (D) A development standard is required by federal or state law, rule, regulation, policy, corrective action, order or other type of governance that is required to be enforced by local governments, regardless of nomenclature; or
- (E) A local government is undertaking an action initiated or measure instituted in order to comply with a newly enacted federal or state law, rule, regulation, policy, corrective action, permit, order or other type of governance, regardless of nomenclature.
- (2) A vested property right does not preclude, change, amend, alter or impair the authority of a local government to exercise its eminent domain powers as provided by law.
- (3) This section shall not preclude, change, amend, alter or impair the authority of a local government to exercise its zoning authority, except a vested property right, once established as provided for in this section, precludes the effect of any zoning action by a local government which would change, alter, impair, prevent, diminish, or otherwise delay the development of the property, while vested, as described in an approved development plan or building permit.
- (4) In the event the local government enacts a moratorium on development or construction, the vesting period authorized pursuant to this section shall be tolled during the moratorium period.
- (h)
- (1) An amendment to an approved development plan by the developer must be approved by the local government to retain the protections of the vested property right. An amendment may be denied based upon a written finding by the local government that the amendment:
- (A) Alters the proposed use;
- (B) Increases the overall area of the development;
- (C) Alters the size of any nonresidential structures included in the development plan;
- (D) Increases the density of the development so as to affect traffic, noise or other environmental impacts; or
- (E) Increases any local government expenditure necessary to implement or sustain the proposed use.
- (2) If an amendment is denied by the local government based upon such a written finding, then the applicant may either proceed under the prior approved plan with the associated vested property right or, alternatively, allow the vested property right to terminate and submit a new application under this section. Notwithstanding this subsection (h), a vested property right shall not terminate if the local government determines, in writing, that it is in the best interest of the community to allow the development to proceed under the amended plan without terminating the vested property right.
- (i) A local government shall not require an applicant to waive the applicant's vested rights as a condition of approval or as a consideration of approval of a development plan or the issuance of a building permit.
- (j) A vested property right shall attach to and run with the applicable property and shall confer upon the applicant the right to undertake and complete the development and use such property under the terms and conditions of a development plan, including any amendments thereto or under the terms and conditions of any building permit that has been issued with respect to the property.
- (k) As used in this section:
- (1) “Applicant” means a landowner or developer who is responsible for filing with the local government an application for a building permit, a development plan or application for a permit requisite to a development plan, or the representatives, assigns, successors, transferees, heirs or agents of such landowner or developer;
- (2) “Construction” means the erection of construction materials in a permanent position and fastened in a permanent manner. Where excavation, demolition or removal of an existing building has been substantially begun prior to rebuilding, such excavation, demolition or removal shall be deemed to be construction; provided, that work shall be carried on diligently and complies with all applicable requirements;
- (3) “Development plan” means both a preliminary development plan and a final development plan;
- (4) “Development standards”:
- (A) Means all locally adopted or enforced standards, regulations or guidelines applicable to the development of property, including, but not limited to, planning; local storm water requirements, layout, design; local construction standards for buildings, streets, alleys, curbs, sidewalks; zoning as provided for in subsection (g); lot size; lot configuration; yard dimensions; and off-site improvements, including public or private infrastructure, in which an applicant may acquire vested rights or vested property rights according to this section; and
- (B) Does not include standards required by federal or state law; or building construction safety standards which are adopted pursuant to authority granted under § 68-120-101;
- (5) “Energy siting agreement” means a voluntary energy siting agreement approved by a local government pursuant to § 5-6-119 or § 6-54-148;
- (6)
- (A) “Final development plan” means a plan which has been submitted by an applicant and approved by a local government describing with reasonable certainty the type and intensity of use for a specific parcel or parcels of property. Such plan may be in the form of, but not be limited to, any of the following plans or approvals:
- (i) A planned unit development plan;
- (ii) A subdivision plat;
- (iii) General development plan;
- (iv) Subdivision infrastructure construction plan;
- (v) Final engineered site plan; or
- (vi) Any other land-use approval designation as may be utilized by a local government;
- (B) Unless otherwise expressly provided by the local government, such a plan shall include the boundaries of the site; significant topographical and other natural features affecting development of the site; the location on the site of the proposed buildings, structures, and other improvements; the dimensions, including height, of the proposed buildings and other structures or a building envelope; and the location of all existing and proposed infrastructure on the site, including water, sewer, roads, and pedestrian walkways. A variance shall not constitute a final development plan, and approval of a final development plan with the condition that a variance be obtained shall not confer a vested property right unless and until the necessary variance is obtained. Neither a sketch plan nor any other document which fails to describe with reasonable certainty the type of use, the intensity of use, and the ability to be served with essential utilities and road infrastructure for a specified parcel or parcels of property may constitute a final development plan;
- (7) “Preliminary development plan” means a plan which has been submitted by an applicant and that depicts a single-phased or multi-phased planned development typically used to facilitate initial public feedback and secure preliminary approvals from local governments. Examples of information found on development plans include proposed land uses, density and intensity of development, public utilities, road networks, general location of off-street parking, building location, number of buildable lots, emergency access, open space, and other environmentally sensitive areas such as lakes, streams, hillsides, and view sheds. An approved preliminary development plan serves as a guide for all future improvements within defined boundaries; and
- (8) “Site preparation” means excavating, grading, demolition, removing excess debris to allow for proper grading, or providing a surface for a proper foundation, drainage, and settling for a development project, and physical improvements including, but not limited to, water and sanitary sewer lines, footings, or foundations installed on the site for which construction permits are required.
- (l)
- (1) A vested property right is also established with respect to any property upon the approval of an energy siting agreement by the legislative body of the local government in which the property is situated. During the vesting period described in subdivision (l)(2), the locally adopted development standards that are in effect on the date of approval of the energy siting agreement, including any modifications to such standards pursuant to the terms of the energy siting agreement, remain the development standards applicable to that property or building during the vesting period.
- (2) The vesting period applicable to an energy siting agreement precedes the vesting periods described in subsections (c) and (d) and shall be for the following period, unless the energy siting agreement expires or is validly terminated by the local government in accordance with its terms during the vesting period:
- (A) Ten (10) years where no preliminary or final development plan is required by ordinance;
- (B) Seven (7) years where no preliminary development plan is required by ordinance; or
- (C) Five (5) years where a preliminary development plan is required by ordinance.
History (3)
- Acts 2010, ch. 634, § 1
- 2014, ch. 686, § 1
- 2024, ch. 814, §§ 5-8.
§ 13-3-414. Notice of new development located near natural gas transmission pipeline — Pipeline location information to be provided to developer. - (a) For a new residential or nonresidential development that is located in whole or in part within six hundred sixty feet (660′) of the center point of a natural gas transmission pipeline that was constructed or operated prior to the development, the developer must notify the operator of the natural gas transmission pipeline of the planned development no later then ten (10) days from the date of application for approval of the development, or ninety (90) days prior to commencement of construction, whichever is earlier.
- (b) The developer of the development shall provide on a final plat filed with the regional planning commission a note on the plat stating:
- The developer has utilized reasonable means to notify the operator of the pipeline to verify the location of the pipeline and the pipeline easement. The developer has reviewed, or attempted to review, preliminary information about the proposed development with the pipeline operator.
- (c) Within sixty (60) days of July 1, 2021, regional planning commissions shall gather raw National Pipeline Mapping System (NPMS) geospatial data about the locations of pipelines from the Pipeline and Hazardous Materials Safety Administration within the United States department of transportation. A regional planning commission is immune from liability related to the approval or construction of such a development when the approval is based upon information as provided in this subsection (c).
- (d) Upon receiving notice of the filing of a preliminary development plan in accordance with this section, a pipeline operator shall provide pipeline location information to the developer within forty-five (45) days, including, but not limited to, the easement or other documents reflecting the actual location of the pipeline, marking facilities on design drawings, and providing maps.
- (e) No later than August 15, 2021, a pipeline operator shall file the name of its registered agent with the regional planning commission having jurisdiction.
- (f) This section does not exempt developers or natural gas pipeline operators from the requirements of the Underground Utility Damage Protection Act, compiled in title 65, chapter 31.
- (g) This section applies only to:
- (1) Counties and municipalities that are governed by a regional planning commission for purposes of approving residential and nonresidential developments; and
- (2) Preliminary development plans filed on or after July 1, 2021.
- (h) A regional planning commission shall not give final approval to a development described under subsection (a) until the requirements of this section have been satisfied. A regional planning commission may rely solely upon the note submitted under subsection (b), the geospatial data gathered under subsection (c), and the recordation required under subsection (e) when determining whether the requirements of this section have been satisfied for purposes of granting final approval of such development. A regional planning commission is immune from liability related to the approval or construction of such a development when the approval is based upon information as provided in this subsection (h).
- (i) As used in this section:
- (1) “Natural gas transmission pipeline” means an interstate pipeline, as that term is defined in 15 U.S.C. § 3301(15);
- (2) “Operator” means a person who engages in the transportation of gas, as that term is defined in 49 CFR § 192.3;
- (3) “Person” means any individual, firm, joint venture, partnership, corporation, association, state, municipality, cooperative association, or joint stock association, and including any trustee, receiver, assignee, or personal representative thereof, as that term is defined in 49 CFR § 192.3; and
- (4) “Preliminary development plan” has the same meaning as defined in § 13-3-413.
Part 5 Movement of Single Family Residences § 13-3-502. Requirements for moving single family residence from one foundation to another. - (a) No single family residence shall be moved from an existing foundation to another foundation located within a developed area of single family residences unless:
- (1) The residence to be moved is consistent with the age, value, size and appearance of existing residences within the developed area of single family residences to which the single family residence is to be moved; provided, that the value of the house may be greater than that of the existing residences and the size of the house may be larger than that of the existing residences; and
- (2) Approval for the movement of the single family residence to a foundation within a developed area of single family residences has been given by:
- (A) The home owners' association of the development where the residence is to be moved, if a home owners' association is in existence;
- (B) A neighborhood association where the residence is to be moved that has been in existence for more than one (1) year prior to the date the residence is to be moved, if a neighborhood association is in existence in the area;
- (C) The regional planning commission, if a regional planning commission is in existence in the area where the residence is to be moved, and subdivision (a)(2)(A) or (a)(2)(B) does not apply;
- (D) The municipal planning commission, if a municipal planning commission is in existence in the municipality where the residence is to be moved and subdivision (a)(2)(A), (a)(2)(B) or (a)(2)(C) does not apply; or
- (E) The municipal or county legislative body in the jurisdiction where the residence is to be moved, and subdivision (a)(2)(A), (a)(2)(B), (a)(2)(C) or (a)(2)(D) does not apply.
- (b) As used in this section, “single family residence” does not include manufactured or modular homes as manufactured or modular homes are defined in § 47-9-102, § 55-1-105, or title 68, chapter 126.
History (2)
- Acts 2007, ch. 246, § 3
- 2008, ch. 860, § 1.
§ 13-3-503. Consistency of residence with age, value, size and appearance of existing residences. - The residence is consistent with:
- (1) The age of existing residences within the developed area of single family residences, if the residence to be moved is within ten (10) years of the average age of the existing structures within the developed area;
- (2)
- (A) The value of existing residences within the developed area of single family residences, if the valuation of the residence being moved appraised, prior to being moved, at a value that is at least equal to the average appraisal of the existing structures within the developed area; provided, that nothing in this subdivision (2) shall be construed to prevent the residence from exceeding the value of the existing structures. In establishing the value of existing structures, the value of modular homes located in the developed area shall not be used in arriving at the average appraisal of the existing structures;
- (B) If the value of the residence, prior to being moved, appraised at a value that is at least equal to the average appraisal of the existing structures within the developed area, then it shall be presumed that the residence shall appraise at least at the same or greater value once it is moved;
- (C) In obtaining approval from a governing body identified in § 13-3-502, as proof that the value of the residence or appearance of the residence is consistent with the value or appearance of the existing residences, evidence may be presented that includes photographs of the inside and outside of the residence to be moved as well as the appraised value of the residence as determined by the assessor of property, or the fair market value of the residence as determined by an independent appraiser. The proof shall be a rebuttable presumption that the value and appearance of the residence is at least equal to the value and appearance of the existing structures within the developed area. Additional documents showing intended improvements may also be presented;
- (3) The size of existing residences within the developed area of single family residences, if the size of the residence being moved is at least within one hundred square feet (100 sq. ft.) of the average size of the existing structures within the developed area; provided, that nothing in this subdivision (3) shall be construed to prevent the residence from exceeding the average square footage. In establishing the average size of existing structures, the square footage of modular homes shall not be used in making the calculations; and
- (4) The appearance of existing residences within the developed area of single family residences as determined by the body giving its approval for the single family residence to be moved to the developed area.
History (2)
- Acts 2007, ch. 246, § 4
- 2008, ch. 860, § 2.
§ 13-3-504. Structural improvements — Timeframe requirements — Penalties. - All structural improvements that will affect the value and appearance of a residence moved to a developed area of single family residences shall be made to the residence within one (1) year of being moved into the area. If within one (1) year of that date, improvements have not been completed on the residence at least equal to the average standards in the developed area, the residence shall be deemed to be in violation of the local government building codes, and penalties associated with the violations may begin to accrue in accordance with all relevant local building codes and ordinances adopted and in effect in the local jurisdiction where the residence is located.
Part 6 Voluntary attainable housing incentive program § 13-3-601. Creation of voluntary attainable housing incentive program — Program requirements — Part definitions. - (a) The chief legislative body of a municipality may create a voluntary attainable housing incentive program by ordinance for the purpose of authorizing certain incentives to be provided to property owners who seek to build multi-family attainable housing.
- (b) Property owners must submit a completed application to the regional planning commission of a local government in order to be considered for the voluntary program pursuant to § 13-3-603.
- (c) As used in this part, “multi-family housing” means housing accommodations that are designed principally for residential use and consist of not less than five (5) rental units on one (1) site, so long as such units are not detached.
History (1)
- Acts 2024, ch. 1051, § 1.
§ 13-3-602. Ordinance requirements. - An ordinance creating a voluntary attainable housing incentive program enacted by the chief legislative body of a municipality must contain, at a minimum, the following:
- (1) A definition of attainable housing for the purposes of the program;
- (2) The types of multi-family housing facilities, buildings, and structures eligible for the program;
- (3) The geographic areas of the municipality where multi-family facilities, buildings, and structures eligible for the program may be constructed or rented;
- (4) Any special exceptions or conditional uses included in the zoning ordinances of the municipality that apply to attainable multi-family housing projects;
- (5) Any other municipal incentives available to property owners who are approved for participation in the program; and
- (6) The process that a property owner must follow to provide notice of interest for the voluntary program, including the convening of a pre-application conference, and the process for submitting a completed application as set forth in § 13-3-603.
History (1)
- Acts 2024, ch. 1051, § 1.
§ 13-3-603. Program requirements — Pre-application conference — Decision making authority of the regional planning commission. - (a) The voluntary attainable housing incentive program must require a property owner to provide written notice of interest for consideration under the program. A municipality shall not compel any property owner to participate in the program.
- (b) A potential applicant must provide notice of interest for consideration under a voluntary attainable housing incentive program to the regional planning commission staff. Upon receipt of a potential applicant's written notice of interest by the regional planning commission staff, a pre-application conference must be held between the regional planning commission staff and the potential applicant before a complete application for housing incentives is filed. The purpose of the pre-application conference is to determine whether a potential project satisfies all of the requirements set out in the ordinance created under § 13-3-602.
- (c)
- (1) Upon the conclusion of the pre-application conference, the regional planning commission staff shall either:
- (A) Determine that the proposed project satisfies the requirements to receive housing incentives as set out in the ordinance established under § 13-3-602, and thereafter prepare a conference summary document that includes at a minimum:
- (i) The parameters of the project, including the timeframe for completing the project;
- (ii) The incentives being offered;
- (iii) A finding that the potential project conforms to the ordinance and state law; and
- (iv) A recommendation to the regional planning commission; or
- (B) Determine that the proposed project does not conform to the ordinance established under § 13-3-602 and state law or that the property owner is no longer interested in participation in the voluntary program. When the proposed project is determined to not meet the requirements of the ordinance established under § 13-3-602, the property owner may either request another meeting within sixty (60) days of the pre-application conference or move forward with the proposed project without the requested incentives.
- (2) Any finding referenced in subdivision (c)(1)(A) by regional planning commission staff is not binding and does not create any vested property rights for the property owner.
- (d) Upon receipt of the pre-application conference summary document, the potential applicant may submit a complete application to the regional planning commission for participation in the voluntary attainable housing incentive program. Such application must include a copy of the pre-application conference summary document and an attestation that the applicant is willingly participating in a voluntary program and will construct and complete the project timely within the manner outlined and reviewed in the pre-application conference. The applicant must submit a completed application to the regional planning commission within one hundred twenty (120) days of receiving the pre-application conference summary document for the completed application to be considered.
- (e) The regional planning commission shall make the final decision on whether to approve the completed application at the next public meeting held after the completed application is submitted. The regional planning commission shall review the completed application to determine if it is within the parameters of the pre-application conference summary document. If the completed application is determined to be within the parameters of the pre-application conference summary document, the completed application must not be denied based on any provisions set out in the document. The commission may deny the application based upon any legal issue subsequently identified during the review of the completed application.
- (f) All multi-family facilities, buildings, and structures constructed under a voluntary attainable housing incentive program must be deed-restricted to ensure that the attainable housing continues in perpetuity.
History (1)
- Acts 2024, ch. 1051, § 1.
Chapter 4 Municipal Planning Part 1 Municipal Planning Commission § 13-4-101. Creation of planning commission — Compensation — Appointment of members — Term of office — Vacancies — Training and continuing education. - (a)
- (1) The chief legislative body of any municipality, whether designated board of aldermen, board of commissioners or by other title, may create and establish a municipal planning commission. Such planning commission shall consist of not less than five (5) members and not more than ten (10) members, the number of members within the limits to be determined by the chief legislative body. One (1) of the members shall be the mayor of the municipality or a person designated by the mayor and one (1) of the members shall be a member of the chief legislative body of the municipality selected by that body. All other members shall be appointed by such mayor, except as otherwise provided in subsection (b). In making such appointments, the mayor shall strive to ensure that the racial composition of the planning commission is at least proportionately reflective of the municipality's racial minority population. The chief legislative body may determine whether, and in what amount, to compensate members of the planning commission. Any such compensation authorized is in addition to any other compensation received from the municipality. The compensation authorized by this section does not apply to members of a planning commission who also serve as members of a board of zoning appeals. The compensation authorized by this section may not be counted against a salary limitation established by charter or otherwise. The terms of appointive members shall be of such length as may be specified by the chief legislative body; provided, that they shall be so arranged that the term of one (1) member will expire each year. Any vacancy in an appointed membership shall be filled for the unexpired term by the mayor of the municipality, who shall also have authority to remove any appointed member at the mayor's pleasure.
- (2) Notwithstanding subdivision (a)(1), any member of a planning commission created by a municipality incorporated under a private act and having a population of not less than seven thousand four hundred (7,400) nor more than seven thousand five hundred (7,500), according to the 2000 federal census or any subsequent federal census, shall be appointed by a majority vote of the legislative body of the municipality.
- (b) All appointive members of the municipal planning commission created pursuant to subsection (a) in any municipality incorporated pursuant to title 6, chapter 18, having a population of not less than one thousand six hundred twenty-five (1,625) nor more than one thousand six hundred thirty-five (1,635) which lies within a county having a population of not less than thirty-four thousand four hundred (34,400) nor more than thirty-four thousand five hundred (34,500), both according to the 1970 federal census or any subsequent federal census, or in any municipality having a population of not less than twenty-three thousand nine hundred (23,900) nor more than twenty-four thousand (24,000), according to the 2000 federal census or any subsequent federal census, shall be appointed only by the chief legislative body of the municipality, and likewise any vacancy in an appointive membership shall be filled for the unexpired term only by the chief legislative body of the municipality, which shall also have the authority to remove any appointive member at its pleasure. In making such appointments, the chief legislative body shall strive to ensure that the racial composition of the planning commission is at least proportionately reflective of the municipality's racial minority population. Except as modified by this subsection (b), the provisions of subsection (a) shall remain in force.
- (c)
- (1) Each planning commissioner shall, within one (1) year of initial appointment and each calendar year thereafter, attend a minimum of four (4) hours of training and continuing education in one (1) or more of the subjects listed in subdivision (c)(5).
- (2) Each full-time or contract professional planner or other administrative official whose duties include advising the planning commission shall, each calendar year, attend a minimum of eight (8) hours of training and continuing education in one (1) or more of the subjects listed in subdivision (c)(5). A professional planner who is a member of the American Institute of Certified Planners (AICP) shall be exempt from this requirement.
- (3) Each of the individuals listed in subdivisions (c)(1) and (2) shall certify by December 31 of each calendar year such individual's attendance by a written statement filed with the secretary of such individual's respective planning commission. Each statement shall identify the date of each program attended, its subject matter, location, sponsors, and the time spent in each program. A professional planner who is a member of the AICP shall be exempt from this requirement.
- (4) The legislative body of the municipality shall be responsible for paying the training and continuing education course registration and travel expenses for each planning commissioner and full-time professional planner or other administrative official whose duties include advising the planning commission.
- (5) The subjects for the training and continuing education required by subdivisions (c)(1) and (2) shall include, but not be limited to, the following: land use planning; zoning; flood plain management; transportation; community facilities; ethics; public utilities; wireless telecommunications facilities; parliamentary procedure; public hearing procedure; land use law; natural resources and agricultural land conservation; economic development; housing; public buildings; land subdivision; and powers and duties of the planning commission. Other topics reasonably related to the duties of planning commission members or professional planners or other administrative officials whose duties include advising the planning commission may be approved by majority vote of the planning commission prior to December 31 of the year for which credit is sought.
- (6) Each local planning commission shall keep in its official public record originals of all statements and the written documentation of attendance required to comply with these provisions for three (3) years after the calendar year in which each statement and appurtenant written documentation is filed.
- (7) Each planning commissioner and each professional planner or other administrative official whose duties include advising the planning commission shall be responsible for obtaining written documentation signed by a representative of the sponsor of any continuing education course for which credit is claimed, acknowledging the fact that the individual attended the program for which credit is claimed. A member of the AICP shall be exempt from this requirement.
- (8) If a planning commissioner fails to complete the requisite number of hours of training and continuing education within the time allotted by this subsection (c) or fails to file the statement required by this subsection (c), then this shall constitute a cause for the removal of the planning commission member from the planning commission.
- (9) The legislative body of the municipality may, at any time, opt out of this subsection (c) by passage of an ordinance. Further any such legislative body that has opted out may, at a later date, opt in by passage of an ordinance.
History (11)
- Acts 1935, ch. 34, § 1
- C. Supp. 1950, § 3493.1
- T.C.A. (orig. ed.), § 13-501
- Acts 1981, ch. 222, §§ 1-3
- 1987, ch. 406, §§ 1, 2
- 1994, ch. 611, § 1
- 1996, ch. 977, §§ 2, 3
- 2002, ch. 862, § 4
- 2008, ch. 734, § 1
- 2008, ch. 1150, § 16
- 2009, ch. 47, §§ 7-9.
§ 13-4-102. Organization of commission — Rules — Staff — Finances. - Each municipal planning commission shall elect its chair from among its appointed members. The term of the chair shall be one (1) year with eligibility for reelection. Each municipal planning commission shall adopt rules for the transaction of business which shall include, but not be limited to, the selection of additional officers from among its members it deems appropriate to fulfill the organizational needs of the municipal planning commission, the requirements for the municipal planning commission to make findings of fact, statements of material evidence and reasons for its actions as part of each motion or action of the municipal planning commission and the keeping of a record of its resolutions, transactions, motions, actions, and determinations which shall be a public record. Any existing provision relating to the appointment of a planning director contained in any municipal, city or town charter or private act must be used in appointing a planning director. In the absence of such a provision, the chief executive officer of the municipality shall have the power to appoint and fix the compensation, within the funds appropriated by the legislative body for this purpose, of a planning director, who shall be qualified by membership in the American Institute of Certified Planners (AICP), experienced in city, regional or state planning or educated in a related academic field. Any person serving as a planning director on March 31, 2010, shall not be required to meet the aforementioned qualifications. For purposes of this section, “chief executive officer” shall mean city manager or administrator, where one exists. In the absence of a city manager or administrator, “chief executive officer” shall mean mayor. Where allowed under the prevailing local authority, the planning director shall have the power and authority to hire and fix the compensation, within the funds appropriated by the legislative body for this purpose, of such other employees and staff as the director may deem necessary for the work of the planning commission. Where allowed under the prevailing local authority, the municipal planning commission may also contract, within funds appropriated by the legislative body for this purpose, with planners or other experts for such services as it may require. In the absence of such authority, only the municipality may contract for such services. The appropriate financial official of the municipality, city or town, within the funds appropriated by the legislative body for this purpose, will disperse funds for the salary or salaries of the planning director and staff and the operational expenses of the planning office and the contracted services of planners or other experts retained to provide assistance to and studies, plans, reviews and reports for the municipal planning commission. The municipal planning commission may also, through the legislative body, receive and expend funds from grants, gifts, contracts, fees, and appropriations from federal, state, other local governments or private sources for the purpose of carrying on its planning functions.
History (4)
- Acts 1935, ch. 34, § 2
- C. Supp. 1950, § 3493.2
- T.C.A. (orig. ed.), § 13-502
- Acts 2010, ch. 701, § 1.
§ 13-4-103. Powers of commission to promote municipal planning. - The commission may make reports and recommendations relating to the plan and development of the municipality to public officials and agencies, public utility companies, to civic, educational, professional and other organizations and to citizens. It may recommend to the executive or legislative officials of the municipality programs for public improvements and the financing for such programs. All public officials shall, upon request, furnish to the commission, within a reasonable time, such available information as it may require for its work. The commission, its members and employees, in the performance of its work, may enter upon any land and make examinations and surveys and place and maintain necessary monuments and marks on such land. In general, the commission shall have powers as may be necessary to enable it to perform its purposes and promote municipal planning.
History (3)
- Acts 1935, ch. 34, § 6
- C. Supp. 1950, § 3493.6
- T.C.A. (orig. ed.), § 13-506.
§ 13-4-104. Submission of proposed construction to commission — Approval — Failure to approve — Overruling nonapproval. - Whenever the commission shall have adopted the plan of the municipality or any part thereof, then and thenceforth no street, park or other public way, ground, place or space, no public building or structure, or no public utility, whether publicly or privately owned, shall be constructed or authorized in the municipality until and unless the location and extent thereof shall have been submitted to and approved by the planning commission; provided, that in case of disapproval, 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 and, upon such overruling, such legislative body shall have the power to proceed; provided, that if the public way, ground, place, space, building, structure or utility be one the authorization or financing of which does not, under the law governing the same, fall within the province of such legislative body, then the submission to the planning commission shall be by the state, county, district, municipal or other board or official having such jurisdiction, and the planning commission's disapproval may be overruled by such board by a majority vote of its membership, or by such official. The widening, narrowing, relocation, vacation, change in the use, acceptance, acquisition, sale or lease of any street or public way, ground, place, property or structure shall be subject to similar submission and approval, and the failure to approve may be similarly overruled. The failure of the commission to act within thirty (30) days from and after the date of official submission to it shall be deemed approval, unless a longer period be granted by such chief legislative body or other submitting board or official.
History (3)
- Acts 1935, ch. 34, § 7
- C. Supp. 1950, § 3493.7
- T.C.A. (orig. ed.), § 13-507.
§ 13-4-105. Municipal planning commissions under special statutes — Force and effect. - Nothing contained in parts 1 and 2 of this chapter shall be deemed to modify or supplant any provision of any special or private statute providing for a municipal planning commission, and the provisions of any such statute relating to the organization and powers of such commission and all other provisions of any such special or private statutes shall remain in full force and effect, but, insofar as parts 1 and 2 of this chapter grant powers to municipal planning commissions not contained in such special statute, the planning commission created and acting under the special statute shall be deemed to have the additional powers granted in parts 1 and 2 of this chapter; provided, that § 13-4-104, regarding the legal status of the municipal plan, shall apply to every municipality with a planning commission, whether such commission shall have been established under a special or private act or under this chapter.
History (3)
- Acts 1935, ch. 34, § 8
- C. Supp. 1950, § 3493.8
- T.C.A. (orig. ed.), § 13-508.
Part 2 Municipal Plan § 13-4-201. General plan for physical development. - It is the function and duty of the commission to make and adopt an official general plan for the physical development of the municipality, including any area outside of its boundaries which, in the commission's judgment, bears relation to the planning of the municipality. The plan, with the accompanying maps, plats, charts, and descriptive and explanatory matter, shall show the commission's recommendations for the physical development of the area of the municipal planning jurisdiction and identify areas where there are inadequate or nonexistent publicly or privately owned and maintained services and facilities when the planning commission has determined the services are necessary in order for development to occur, and may include, among other things, the general location, character and extent of streets, bridges, viaducts, parks, parkways, waterways, waterfronts, playgrounds, airports and other public ways, grounds, places and spaces, the general location of public buildings and other public property, the general location and extent of public utilities and terminals, whether publicly or privately owned, for water, light, power, sanitation, transportation, communication and other purposes; also the removal, relocation, widening, extension, narrowing, vacating, abandonment, change of use or extension of any of the foregoing public ways, grounds, places, spaces, buildings, properties or utilities; also a zoning plan for the regulation of the height, area, bulk, location and use of private and public structures and premises and of population density; also the general location, character, layout and extent of community centers and neighborhood units; also the general location, character, extent and layout of the replanning of blighted districts and slum areas. The commission may from time to time amend, extend or add to the plan or carry any part of subject matter into greater detail.
History (4)
- Acts 1935, ch. 34, § 3
- C. Supp. 1950, § 3493.3
- T.C.A. (orig. ed.), § 13-503
- Acts 2008, ch. 1150, § 6.
§ 13-4-202. Adoption of plan — Manner. - (a) The commission may adopt the plan as a whole by a single resolution, or, as the work of making the whole plan progresses, may from time to time adopt a part or parts thereof, any such part to correspond generally with one (1) or more of the functional subdivisions of the subject matter of the plan. Prior to the adoption of the plan or any part or parts of the plan by the commission, the commission shall hold a public hearing thereon, the time and place of which shall be published in a newspaper of general circulation in the municipality at least thirty (30) days prior to the meeting in which the adoption is to be first considered. The adoption of the plan or any part, amendment or addition shall be by resolution carried by the affirmative votes of not less than a majority of all the members of the commission. The resolution shall refer expressly to the maps, descriptive matter and other matters intended by the commission to form the whole or part of the plan, and the action taken shall be recorded on the adopted plan or part thereof and descriptive matter by the identifying signature of the secretary of the commission, and a copy of the plan or part thereof shall be certified to the chief legislative body.
- (b) [For applicability of prior law in certain counties, see Compiler's Notes.]
- (1) Once the commission has adopted the general plan or an amendment to the general plan for the planning jurisdiction of the commission, the commission's transmittal of the certification to the legislative body may simultaneously include a resolution by the planning commission requesting the consideration and adoption of the general plan by the legislative body of the municipality, and in the case of a municipal regional planning commission, by the county legislative body for the area outside the municipal boundary limits but within the county. The municipal legislative body, by ordinance, may adopt the general plan as certified by the planning commission, and the county legislative body by resolution may adopt the elements of the plan within the jurisdiction of the county legislative body as certified by the planning commission.
- (2) Once adopted by the legislative body, the general regional plan may be amended by a vote as follows:
- (A)
- (i) The planning commission may initiate an amendment to the general plan. If the planning commission votes to adopt an amendment to the general plan, the planning commission shall transmit its action to the legislative body, and the legislative body must pass the amendment by a majority vote in order for the amendment to be operative; or
- (ii) The general regional plan may be amended upon the initiative of the legislative body. The initiative must be transmitted, in writing, to the planning commission for its review, consideration, and vote. The planning commission must take action on the amendment and transmit its action to the legislative body within sixty-one (61) days of the submittal of the amendment to the planning commission by the legislative body; and
- (B) If the planning commission votes to approve or not approve the amendment or transmits the amendment back to the legislative body with no recommendation, the legislative body must then approve the amendment by a majority vote in order for the amendment to become operative.
- (c) [Not applicable in certain counties. See Compiler's Notes.] Prior to the adoption of the general plan or an amendment to the general plan, a legislative body shall hold a public hearing thereon, the time and place of which must be published in a newspaper of general circulation in the municipality at least thirty (30) days prior to the legislative body's meeting in which the adoption or amendment is to be first considered. If a legislative body adopts the general plan, and for all land use decisions thereafter made by the legislative body, actions by the respective planning commission or board of zoning appeals, when the board of zoning appeals is exercising its powers on matters other than variances, must be consistent with the plan. The general plan may be adopted as an element of the jurisdiction's growth plan through the process established in title 6, chapter 58, but if the general plan is not adopted as part of the growth plan, it nevertheless cannot be inconsistent with the growth plan or the intent of title 6, chapter 58.
History (6)
- Acts 1935, ch. 34, § 4
- C. Supp. 1950, § 3493.4
- T.C.A. (orig. ed.), § 13-504
- Acts 2008, ch. 1150, §§ 7, 8
- 2010, ch. 648, § 2
- 2022, ch. 993, § 2.
§ 13-4-203. General purposes of the plan — Surveys and studies. - In the preparation of the plan, the commission shall make careful and comprehensive surveys and studies of the existing conditions and future growth of the municipality and its environs. The plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the municipality which will, in accordance with existing and future needs, best promote public health, safety, morals, order, convenience, prosperity and the general welfare, as well as efficiency and economy in the process of development, and identify areas where there are inadequate or nonexistent publicly or privately owned and maintained services and facilities when the planning commission has determined the services are necessary in order for development to occur.
History (4)
- Acts 1935, ch. 34, § 5
- C. Supp. 1950, § 3493.5
- T.C.A. (orig. ed.), § 13-505
- Acts 2008, ch. 1150, § 9.
Part 3 Municipal Planning Regulations § 13-4-301. Part definitions. - As used in this part, unless the context otherwise requires:
- (1) “Chief legislative body” means the chief legislative body of the municipality, whether designated board of aldermen, board of commissioners or by other title;
- (2) “Plat” includes plat, plan, plot or replot;
- (3) “Street” or “streets” means and includes streets, avenues, boulevards, roads, lanes, alleys and other ways; and
- (4)
- (A) “Subdivision” means, in any county having a population of not less than thirty-two thousand seven hundred (32,700) nor more than thirty-two thousand seven hundred sixty (32,760), according to the 1980 federal census or any subsequent federal census, the division of a tract or parcel of land into two (2) or more lots, sites or other 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 subdividing or to the land or area subdivided;
- (B)
- (i) “Subdivision” means, in all counties except those in subdivision (4)(A), 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;
- (ii) As used in subdivision (4)(B)(i), “utility construction” does not include the mere extension of individual service pipes or lines for the purpose of directly connecting a single lot, site or other division to existing utility mains.
History (9)
- Acts 1935, ch. 45, § 8
- C. Supp. 1950, § 3407.9 (Williams, § 3407.17)
- Acts 1976, ch. 831, § 1
- T.C.A. (orig. ed.), § 13-601
- Acts 1984, ch. 961, §§ 2-4
- 1985, ch. 149, §§ 2, 3
- 1986, ch. 679, § 1
- 1988, ch. 597, § 2
- 2008, ch. 746, § 2.
§ 13-4-302. Submission of subdivision plats to commission for approval — Filing and recording. - (a) From and after the time when the planning commission of any municipality shall have adopted a master plan which includes at least a major street plan, or shall have progressed in its master planning to the stage of the making and adoption of a major street plan, and shall have filed a certified copy of such major street plan in the office of the county register of the county in which the municipality is located, no plat of a subdivision of land lying within the municipality shall be filed or recorded until it shall have been submitted to and approved by the planning commission and such approval entered in writing on the plat by the secretary of the commission or by another designee of the planning commission; provided, that if the plat of subdivision divides the tract into no more than twenty-five (25) lots if the development received preliminary plan approval through the municipal planning commission, or five (5) lots if the development did not require preliminary plan approval through the municipal planning commission, then the approval may be endorsed in writing on the plat by the secretary of the commission or by another designee of the planning commission without the approval of the municipal planning commission, upon certification by the municipal planning commission, or by the planning staff of the municipal planning commission if the commission has delegated this responsibility to its planning staff pursuant to subsection (d), that the subdivision complies with such regulations governing a subdivision of land as have been adopted by the municipal planning commission pursuant to § 13-4-303; and provided further, that no request for variance from such regulations has been requested.
- (b) No plat shall be submitted to or approved by the planning commission unless it is submitted by the owner of the property to be subdivided by the plat, or a governmental entity. “Owner,” for purposes of this section, means the legal or beneficial owner or owners of all the land proposed to be included in the proposed subdivision or the holder of a written option or contract to purchase the land, or the attorney or authorized representative of any of the aforementioned.
- (c) A county register shall not file or record a plat of a subdivision of land, or an amendment, modification, or correction to a recorded plat of a subdivision, within the municipality without the approval of the municipal planning commission, or the planning staff of the municipal planning commission if this responsibility has been delegated to the staff as provided in subsection (d), as required by this part. Notwithstanding this subsection (c), an easement or survey attached to an easement granted to the state, a county, municipality, metropolitan government, or entity of the state, county, municipality or metropolitan government, shall not constitute an amendment, modification, or correction or a recorded plat of a subdivision.
- (d)
- (1) A municipal planning commission may delegate the responsibility for approval of a subdivision plat to the planning staff of the municipal planning commission by a majority vote of the municipal planning commission that is taken at a public meeting after being placed on the municipal planning commission's meeting agenda and notice being provided as required for other matters before the municipal planning commission.
- (2) This delegation may only include subdivision plats that include:
- (A) No more than twenty-five (25) lots and only if the development received preliminary plan approval through the municipal planning commission; or
- (B) No more than five (5) lots if the development did not require preliminary plan approval through the municipal planning commission; provided, that:
- (i) The subdivision complies with such regulations governing a subdivision of land as adopted by the municipal planning commission pursuant to § 13-4-303;
- (ii) No request for a variance from such regulations has been requested; and
- (iii) A division of land requiring new road or utility construction is not approved by the planning staff under this subsection (d) unless the plan received preliminary approval by the municipal planning commission.
- (3) A municipal planning commission shall not delegate to its planning staff the authority to preliminarily approve, finalize approval of, or certify a subdivision plat, regardless of the number of lots proposed for the subdivision plan, consistent with the parameters of this section, unless the municipal legislative body approves such delegation by a majority vote of the legislative body.
History (10)
- Acts 1935, ch. 45, § 1
- C. Supp. 1950, § 3407.10
- T.C.A. (orig. ed.), § 13-602
- Acts 1988, ch. 554, § 2
- 1989, ch. 591, § 113
- 2002, ch. 593, § 1
- 2004, ch. 576, § 3
- 2006, ch. 644, §§ 2, 4, 6
- 2010, ch. 625, § 1
- 2022, ch. 994, §§ 4-6.
§ 13-4-303. Subdivision regulations — Adoption. - (a) In exercising the powers granted to it by this part, the planning commission shall adopt regulations governing the subdivision of land within the municipality. Such regulations may provide for the harmonious development of the municipality and its environs, for the coordination of streets within subdivisions with other existing or planned streets or with the plan of the municipality or of the region in which the municipality is located, for adequate open spaces for traffic, recreation, light and air, and for a distribution of population and traffic which will tend to create conditions favorable to health, safety, convenience and prosperity, and identify areas where there are inadequate or nonexistent publicly or privately owned and maintained services and facilities when the planning commission has determined the services are necessary in order for development to occur.
- (b)
- (1) As a condition precedent to the final approval of the plat, the regulations may include infrastructure improvement requirements as to the extent to which and the manner in which:
- (A) Roads are constructed and improved;
- (B) Water, sewer, and other utility mains, piping, and connections are constructed or installed; or
- (C) Other infrastructure and facilities are constructed or installed.
- (2) The regulations of the planning commission may provide for the preliminary approval of the plat before the infrastructure improvements, but any preliminary approval shall not be entered on the plat.
- (3) In lieu of the completion of the infrastructure improvements before the final approval of a subdivision plat, the planning commission may grant final plat approval subject to the submittal and acceptance of a bond, letter of credit, or other method of assurance, in form, in amount, and with conditions and surety satisfactory to the planning commission. The bond, letter of credit, or other method of assurance shall provide for and secure to the public and the local government the actual construction and installation of the infrastructure improvements within a period specified by the municipal planning commission and expressed in the bond, letter of credit, or other method of assurance.
- (4) The attorney for the municipality shall enforce any bond, letter of credit, or other method of assurance by all appropriate legal and equitable remedies, and moneys collected on the bond, letter of credit, or other method of assurance shall be paid into the municipality's treasury. Upon the order of the planning commission, the moneys shall be applied to the construction and installation of the infrastructure improvements.
- (c) Before adoption of its subdivision regulations or any amendment thereof, a public hearing thereon shall be held by the commission.
- (d)
- (1) In exercising the powers granted to it by § 13-4-302, the planning commission shall not require an owner of private property to dedicate real property to the public, or pay money to a public entity in an amount that is determined on an individual and discretionary basis, unless there is an essential nexus between the dedication or payment and a legitimate local governmental interest and the dedication or payment is roughly proportional both in nature and extent to the impact of the proposed use or development of the property. An owner of private property required to make a dedication or pay money in violation of this subdivision (d)(1) may seek relief through a common law writ of certiorari in chancery court.
- (2) Regulations adopted by planning commissions pursuant to this section must include the provisions in subdivision (d)(1).
- (3) This subsection (d) does not apply to an assessment, fee, or charge that is imposed on a broad class of property owners by a local governmental entity.
History (7)
- Acts 1935, ch. 45, § 2
- C. Supp. 1950, § 3407.11
- T.C.A. (orig. ed.), § 13-603
- Acts 2008, ch. 1150, § 10
- 2011, ch. 73, § 2
- 2015, ch. 209, § 4
- 2022, ch. 1128, § 2.
§ 13-4-304. Procedure on submission of plats — Approval or disapproval — Contents — Hearings — Procedure in certain counties. - (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.
- (b) The ground of disapproval of any plat shall be stated upon the records of the commission.
- (c) Any plat submitted to the commission shall contain the name and address of a person to whom notice of hearing shall be sent; and no plat shall be acted upon by the commission without affording a hearing thereon, notice of the time and place of which shall be sent by mail to such address not less than five (5) days before the date fixed for such hearing.
- (d) In counties having populations not less than three hundred twenty-five thousand (325,000) nor more than four hundred thousand (400,000), according to the 1990 federal census or any subsequent federal census, in the event the municipal planning commission approves or disapproves a plat after a hearing thereon, the applicant submitting the plat or any person who was a party for or against the plat request at the planning commission hearing shall have the right within thirty (30) days after such approval or disapproval to have the action of the municipal planning commission reviewed by the chief legislative body of the municipality having jurisdiction over zoning matters, who shall by majority vote approve or disapprove the plat. If the plat is approved, the secretary of the regional planning commission shall endorse the plat for recording as prescribed in § 13-3-402. No such plat shall be recorded until after the county court or other legislative body has acted on a request for a review of the action of the planning commission if there is a request within thirty (30) days.
History (7)
- Acts 1935, ch. 45, § 3
- C. Supp. 1950, § 3407.12
- T.C.A. (orig. ed.), § 13-604
- Acts 1973, ch. 402, § 2
- 1993, ch. 312, § 1
- 2007, ch. 137, § 1
- 2009, ch. 34, § 1.
§ 13-4-305. Dedications — Effect of plat approval on status. - The approval of a plat shall not be deemed to constitute or effect an acceptance by the municipality, county or public of the dedication of any street or other ground shown upon the plat.
History (3)
- Acts 1935, ch. 45, § 4
- C. Supp. 1950, § 3407.13
- T.C.A. (orig. ed.), § 13-605.
§ 13-4-306. Transactions prohibited prior to obtaining approval of final subdivision plat — False representations as to construction of roads — Remedies — Requirements for final plat approval. - (a)
- (1) The owner or the agent of the owner of any land shall not:
- (A) Transfer or close the sale of the land by reference to, exhibition of, or by other use of a subdivision plat without first submitting a final subdivision plat to the municipal planning commission and receiving the commission's approval and before the final plat is recorded in the appropriate register's office; or
- (B) Falsely represent to a prospective purchaser of the land that roads or streets will be constructed by the municipality or other political subdivision.
- (2) The description by metes and bounds in the instrument of transfer or other document used in the transfer does not exempt the transaction from a violation of this subsection (a). The municipality, through the municipal attorney or other official designated by the chief legislative body, may pursue an injunction or other appropriate remedy for a violation of this subsection (a).
- (b) The owner or agent of the owner of any land may close the sale of or transfer any lot or lots shown on a plat only after that plat has been given final plat approval by the planning commission, and after having been granted this final plat approval, the final plat is recorded in the office of the county register. The planning commission may grant final plat approval where the infrastructure improvements such as roads, water, sewer, utilities, other infrastructures, and facilities are not completed and accepted by the appropriate entities. For the planning commission to grant final approval, the owner or agent of the owner of the land to be granted final approval shall post a bond, letter of credit, or other method of assurance in form, in amount, and with conditions and surety satisfactory to the planning commission. The bond, letter of credit, or other method of assurance shall provide for and secure to the public and the municipality the actual construction and installation of the infrastructure improvements within a period specified by the planning commission.
- (c) The remedies and penalties provided by this chapter are to be applied exclusively to the owner or agent of the owner. Title to any tract conveyed without compliance with this chapter is not affected by this chapter unless the sale or transfer has been enjoined by a court of competent jurisdiction before the conveyance is recorded in the office of the appropriate county register. While the title to the tract is not affected by this chapter, the tract remains otherwise subject to this chapter.
History (6)
- Acts 1935, ch. 45, § 5
- C. Supp. 1950, § 3407.14
- T.C.A. (orig. ed.), § 13-606
- Acts 1989, ch. 591, § 113
- 2015, ch. 209, § 5
- 2021, ch. 39, §§ 4-6.
§ 13-4-307. Acceptance of and improvements of unapproved streets. - From and after the time when the platting jurisdiction of any municipal planning commission has attached as provided in § 13-4-302, the municipality shall not, nor shall any public authority, accept, lay out, open, improve, grade, pave, or light any street, or lay or authorize water mains or sewers or connections to be laid in any street within the municipality, unless such street shall have been accepted or opened as or shall have otherwise received the legal status of a public street prior to the attachment of the commission's subdivision jurisdiction, or unless such street corresponds in its location and lines with a street shown on a subdivision plat approved by the planning commission or with a street plat made and adopted by the commission; provided, that the chief legislative body of the municipality may locate and construct or may accept any other street, provided the ordinance or other measure for such location and construction or for such acceptance is first submitted to the planning commission for its approval, and, if disapproved by the commission, be passed by a majority of the entire membership of the legislative body; and a street, approved by the planning commission upon such submission or constructed or accepted by such majority vote after disapproval by the commission, shall have the status of an approved street as fully as though it has been originally shown on a subdivision plat approved by the commission or on a plat made and adopted by the commission.
History (3)
- Acts 1935, ch. 45, § 6
- C. Supp. 1950, § 3407.15
- T.C.A. (orig. ed.), § 13-607.
§ 13-4-308. Prerequisites to granting building permit or erecting building — Public streets — Easements — Unlawful structures. - (a)
- (1) From and after the time when the platting jurisdiction of any municipal planning commission has attached as provided in § 13-4-302, no building permit shall be issued and no building shall be erected on any lot within the municipality, unless one (1) of the following circumstances is met:
- (A) The street giving access to the lot upon which the building is proposed to be placed has been accepted or opened as, or shall have otherwise received the legal status of, a public street prior to that time;
- (B)
- (i) The street corresponds in its location and lines with a street shown on a subdivision plat approved by the planning commission and recorded in the register of deeds;
- (ii) Whenever the street or other infrastructure improvements as denoted on the plat have not been completed, there shall be an adequate, valid, and enforceable bond, or an adequate, valid, and enforceable other guarantee for the completion of the improvements, which shall be held by the appropriate officials as provided in § 13-4-303. This subdivision (a)(1)(B)(ii) shall not be construed to require duplicate bonds or to require additional bonds when an adequate bond to complete the infrastructure is already in effect. This subdivision (a)(1)(B)(ii) shall not be construed as requiring a building contractor to post the bond required by § 13-3-403 on the infrastructure for the subdivision if such building contractor is not a developer of the subdivision;
- (C) The lot fronts upon a permanent easement which conforms to all rules, regulations and specifications applicable to the permanent easement of the planning commission or other departments, divisions or agencies of the municipality and so long as the permanent easement has access to an existing highway, street, or thoroughfare, or with a street located or accepted by the chief legislative body of the municipality after submission to the planning commission and, in case of the commission's disapproval, by the favorable vote required in § 13-4-307; or
- (D) The street corresponds in its location and lines with a street shown on a street plat made and adopted by the commission.
- (2) The planning commission or other departments, divisions or agencies of a municipality, as approved by the planning commission, are authorized to adopt regulations to govern proposed permanent easements in proposed subdivisions as defined in § 13-4-301 and shall seek to ensure that the municipality shall not be responsible for future maintenance of such permanent easements.
- (3) Any building erected or to be erected in violation of this section shall be deemed an unlawful structure and the building commissioner or solicitor of the municipality or other official designated by the chief legislative body may bring action to enjoin such erection or cause it to be vacated or removed.
- (b) A building permit may be issued for a building to be located on a recorded lot of record as of April 21, 1987, which lot fronts on a permanent easement with access to an existing public street or road; provided, that any future subdivision of such lot shall be subject to subsection (a). If the municipality's zoning ordinance establishes a date or procedure by which a lot of record on an easement is recognized as a lot on which a building permit can be issued, then that date or procedure shall prevail over the aforementioned April 21, 1987 date.
History (7)
- Acts 1935, ch. 45, § 7
- C. Supp. 1950, § 3407.16
- T.C.A. (orig. ed.), § 13-608
- Acts 1986, ch. 891, §§ 1-4
- 1987, ch. 216, § 1
- 1990, ch. 911, § 1
- 2014, ch. 914, § 3.
§ 13-4-309. Special or private laws providing for municipal planning commission not repealed. - Nothing contained in this part shall be deemed to modify or supplant any provision of any special or private statute providing for a municipal planning commission; and the provisions of any such statute relating to the organization and powers of such commission and all other provisions of any such special or private statute shall remain in full force and effect; but insofar as this chapter grants powers to municipal planning commissions not contained in such special statute, the planning commission created and acting under such special statute shall be deemed to have the additional powers granted in this chapter.
History (3)
- Acts 1935, ch. 45, § 10
- mod. C. Supp. 1950, § 3407.17 (Williams, § 3407.19)
- T.C.A. (orig. ed.), § 13-609.
§ 13-4-310. Power of municipal planning commission to promulgate provisions for development — Vesting period for development standards as to approved development plans. - (a) A municipal planning commission shall have the power to promulgate provisions in its subdivision regulations and recommend amendments to the zoning ordinance for the establishment of review and approval powers for site plans and the establishment under the zoning provisions for review and approval of planned unit developments, overlay districts, mixed use developments, condominiums and other types of sustainable design and development of property. The provision of well-designed and properly constructed infrastructure within such development is vital to the health, safety and welfare of the public utilizing said development and the community as a whole. These types of developments typically contain infrastructure that may be dedicated to a governmental entity or may be controlled by other types of bodies or nongovernmental entities including, but not limited to, property owner associations. These infrastructure and internal development improvements such as, but not limited to, public and nonpublic roads, water and sewer lines, landscaping, green space, sustainable design features and other improvements as required by the planning commission, either through its subdivision regulation or through the local government's zoning ordinance, shall be subject to bonding or other methods of guaranteeing their installation. The planning commission may set and hold these guaranteeing instruments or may designate to another governmental body that duty and function.
- (b) A vested property right shall be established with respect to any property upon the approval, by the local government in which the property is situated, of a preliminary development plan or a final development plan where no preliminary development plan is required by ordinance or regulation or a building permit allowing construction of a building where there was no need for prior approval of a preliminary development plan for the property on which that building will be constructed. During the vesting period described in subsections (c) and (d), the locally adopted development standards which are in effect on the date of approval of a preliminary development plan or the date of approval of a building permit, as described by this subsection (b), shall remain the development standards applicable to that property or building during the vesting period.
- (c) Unless an extension is granted by the local government, the vesting period applicable to an approved construction project for which a building permit has been issued shall begin on the date of issuance of the building permit by the local government and shall remain in effect for the time period authorized by the approved building permit, including any approved renewal obtained by the applicant prior to the expiration or termination of the permit to be renewed; provided, that the applicant pursues with reasonable diligence site preparation, if applicable, and construction.
- (d)
- (1) The vesting period applicable to a development plan shall be a period of three (3) years, beginning on the date of the local government's approval of the preliminary development plan; provided, that the applicant obtains local government approval of a final development plan, secures any necessary permits and commences site preparation within the vesting period. If the applicant obtains local government approval of a final development plan, secures any necessary permits, and commences site preparation within the vesting period, then the vesting period shall be extended an additional two (2) years to commence construction from the date of the expiration of the three-year period. During the two-year period, the applicant shall commence construction and maintain any necessary permits to remain vested.
- (2) If construction commences during the vesting period, the development standards applicable during the vesting period shall remain in effect until the local government has certified final completion of the development or project; provided, the total vesting period for the project shall not exceed ten (10) years from the date of the approval of the preliminary development plan, excluding any vesting period provided for in subdivision (l)(2), unless the local government grants an extension pursuant to an ordinance or resolution; provided further, that the applicant maintains any necessary permits during the ten-year period.
- (3) In the case of developments which proceed in two (2) or more sections or phases as described in the development plan, there shall be a separate vesting period applicable to each section or phase. The development standards which are in effect on the date of approval of the preliminary development plan for the first section or phase of the development shall remain the development standards applicable to all subsequent sections or phases of the development; provided, that the total vesting period for all phases shall not exceed fifteen (15) years from the date of the approval of the preliminary development plan for the first section or phase, excluding any vesting period provided for in subdivision (l)(2), unless the local government grants an extension pursuant to an ordinance or resolution; provided further, that the applicant maintains any necessary permits during the fifteen-year period.
- (e) A local government may, by ordinance or resolution, specifically identify the type or types of development plans within the local government's jurisdiction that will cause property rights to vest; provided, that regardless of nomenclature used in the ordinance or resolution to describe a development plan, a plan which contains any of the information described in subdivision (k)(5) or (k)(6) shall be considered a development plan that will cause property rights to vest according to this section. Any such ordinance or resolution shall also specify what constitutes approval of a development plan within its jurisdiction. If a local government has not adopted an ordinance or resolution pursuant to this section specifying what constitutes a development plan that would trigger a vested property right, then rights shall vest upon the approval of any plan, plat, drawing, or sketch, however denominated, that is substantially similar to any plan, plat, drawing, or sketch described in subdivision (k)(5) or (k)(6).
- (f)
- (1) During the vesting period described in subsections (c) and (d), the locally adopted development standards which are in effect on the date of approval of a preliminary development plan or the issuance of a building permit, whichever applies, shall remain the development standards applicable to the property described in such preliminary development plan or permit, except such rights shall terminate upon a written determination by the local government under the following circumstances pursuant to subdivision (f)(2):
- (A) When the applicant violates the terms and conditions specified in the approved development plan or building permit; provided, that the applicant is given ninety (90) days from the date of notification to cure the violation; provided further, that the local government may, upon a determination that such is in the best interest of the community, grant, in writing, an additional time period to cure the violation;
- (B) When the applicant violates any of the terms and conditions specified in the local ordinance or resolution; provided, the applicant is given ninety (90) days from the date of notification to cure the violation; provided further, that the local government may, upon a determination that such is in the best interest of the community, grant, in writing, an additional time period to cure the violation;
- (C) Upon a finding by the local government that the applicant intentionally supplied inaccurate information or knowingly made misrepresentations material to the issuance of a building permit or the approval of a development plan or intentionally and knowingly did not construct the development in accordance with the issued building permit or the approved development plan or an approved amendment for the building permit or the development plan; or
- (D) Upon the enactment or promulgation of a state or federal law, regulation, rule, policy, corrective action or other governance, regardless of nomenclature, that is required to be enforced by the local government and that precludes development as contemplated in the approved development plan or building permit, unless modifications to the development plan or building permit can be made by the applicant, within ninety (90) days of notification of the new requirement, which will allow the applicant to comply with the new requirement.
- (2) A written determination by the local government of the occurrence of any of the circumstances provided in subdivision (f)(1) shall cause the vested property rights to terminate; provided, however, that a local government may allow a property right to remain vested despite such a determined occurrence when a written determination is made that such continuation is in the best interest of the community.
- (g)
- (1) A vested development standard shall not preclude local government enforcement of any development standard when:
- (A) The local government obtains the written consent of the applicant or owner;
- (B) The local government determines, in writing, that a compelling, countervailing interest exists relating specifically to the development plan or property which is the subject of the building permit that seriously threatens the public health, safety or welfare of the community and the threat cannot be mitigated within a reasonable period of time, as specified in writing by the local government, by the applicant using vested property rights;
- (C) Upon the written determination by the local government of the existence of a natural or man-made hazard on or in the immediate vicinity of the subject property, not identified in the development plan or building permit, and which hazard, if uncorrected, would pose a serious threat to the public health, safety, or welfare and the threat cannot be mitigated within a reasonable period of time, as specified in writing by the local government, by the applicant using vested property rights;
- (D) A development standard is required by federal or state law, rule, regulation, policy, corrective action, order or other type of governance that is required to be enforced by local governments, regardless of nomenclature; or
- (E) A local government is undertaking an action initiated or measure instituted in order to comply with a newly enacted federal or state law, rule, regulation, policy, corrective action, permit, order or other type of governance, regardless of nomenclature.
- (2) A vested property right does not preclude, change, amend, alter or impair the authority of a local government to exercise its eminent domain powers as provided by law.
- (3) This section shall not preclude, change, amend, alter or impair the authority of a local government to exercise its zoning authority, except a vested property right, once established as provided for in this section, precludes the effect of any zoning action by a local government which would change, alter, impair, prevent, diminish, or otherwise delay the development of the property, while vested, as described in an approved development plan or building permit.
- (4) In the event the local government enacts a moratorium on development or construction, the vesting period authorized pursuant to this section shall be tolled during the moratorium period.
- (h)
- (1) An amendment to an approved development plan by the developer must be approved by the local government to retain the protections of the vested property right. An amendment may be denied based upon a written finding by the local government that the amendment:
- (A) Alters the proposed use;
- (B) Increases the overall area of the development;
- (C) Alters the size of any nonresidential structures included in the development plan;
- (D) Increases the density of the development so as to affect traffic, noise or other environmental impacts; or
- (E) Increases any local government expenditure necessary to implement or sustain the proposed use.
- (2) If an amendment is denied by the local government based upon such a written finding, then the applicant may either proceed under the prior approved plan with the associated vested property right or, alternatively, allow the vested property right to terminate and submit a new application under this section. Notwithstanding this subsection (h), a vested property right shall not terminate if the local government determines, in writing, that it is in the best interest of the community to allow the development to proceed under the amended plan without terminating the vested property right.
- (i) A local government shall not require an applicant to waive the applicant's vested rights as a condition of approval or as a consideration of approval of a development plan or the issuance of a building permit.
- (j) A vested property right shall attach to and run with the applicable property and shall confer upon the applicant the right to undertake and complete the development and use such property under the terms and conditions of a development plan, including any amendments thereto or under the terms and conditions of any building permit that has been issued with respect to the property.
- (k) As used in this section:
- (1) “Applicant” means a landowner or developer who is responsible for filing with the local government an application for a building permit, a development plan or application for a permit requisite to a development plan, or the representatives, assigns, successors, transferees, heirs or agents of such landowner or developer;
- (2) “Construction” means the erection of construction materials in a permanent position and fastened in a permanent manner. Where excavation, demolition or removal of an existing building has been substantially begun prior to rebuilding, such excavation, demolition or removal shall be deemed to be construction; provided, that work shall be carried on diligently and complies with all applicable requirements;
- (3) “Development plan” means both a preliminary development plan and a final development plan;
- (4) “Development standards”:
- (A) Means all locally adopted or enforced standards, regulations or guidelines applicable to the development of property, including, but not limited to, planning; local storm water requirements, layout, design; local construction standards for buildings, streets, alleys, curbs, sidewalks; zoning as provided for in subsection (g); lot size; lot configuration; yard dimensions; and off-site improvements, including public or private infrastructure, in which an applicant may acquire vested rights or vested property rights according to this section; and
- (B) Does not include standards required by federal or state law; or building construction safety standards which are adopted pursuant to authority granted under § 68-120-101;
- (5) “Energy siting agreement” means a voluntary energy siting agreement approved by a local government pursuant to § 5-6-119 or § 6-54-148;
- (6)
- (A) “Final development plan” means a plan which has been submitted by an applicant and approved by a local government describing with reasonable certainty the type and intensity of use for a specific parcel or parcels of property. Such plan may be in the form of, but not be limited to, any of the following plans or approvals:
- (i) A planned unit development plan;
- (ii) A subdivision plat;
- (iii) General development plan;
- (iv) Subdivision infrastructure construction plan;
- (v) Final engineered site plan; or
- (vi) Any other land-use approval designation as may be utilized by a local government;
- (B) Unless otherwise expressly provided by the local government, such a plan shall include the boundaries of the site; significant topographical and other natural features affecting development of the site; the location on the site of the proposed buildings, structures, and other improvements; the dimensions, including height, of the proposed buildings and other structures or a building envelope; and the location of all existing and proposed infrastructure on the site, including water, sewer, roads, and pedestrian walkways. A variance shall not constitute a final development plan, and approval of a final development plan with the condition that a variance be obtained shall not confer a vested property right unless and until the necessary variance is obtained. Neither a sketch plan nor any other document which fails to describe with reasonable certainty the type of use, the intensity of use, and the ability to be served with essential utilities and road infrastructure for a specified parcel or parcels of property may constitute a final development plan;
- (7) “Preliminary development plan” means a plan which has been submitted by an applicant and that depicts a single-phased or multi-phased planned development typically used to facilitate initial public feedback and secure preliminary approvals from local governments. Examples of information found on development plans include proposed land uses, density and intensity of development, public utilities, road networks, general location of off-street parking, building location, number of buildable lots, emergency access, open space, and other environmentally sensitive areas such as lakes, streams, hillsides, and view sheds. An approved preliminary development plan serves as a guide for all future improvements within defined boundaries; and
- (8) “Site preparation” means excavating, grading, demolition, removing excess debris to allow for proper grading, or providing a surface for a proper foundation, drainage, and settling for a development project, and physical improvements including, but not limited to, water and sanitary sewer lines, footings, or foundations installed on the site for which construction permits are required.
- (l)
- (1) A vested property right is also established with respect to property upon the approval of an energy siting agreement by the legislative body of the local government in which the property is situated. During the vesting period described in subdivision (l)(2), the locally adopted development standards that are in effect on the date of approval of an energy siting agreement, including any modifications to such standards pursuant to the terms of the energy siting agreement, remain the development standards applicable to that property or building during the vesting period.
- (2) The vesting period applicable to an energy siting agreement precedes the vesting periods described in subsections (c) and (d) and shall be for the following period, unless the energy siting agreement expires or is validly terminated by the local government in accordance with its terms during the vesting period:
- (A) Ten (10) years where no preliminary or final development plan is required by ordinance;
- (B) Seven (7) years where no preliminary development plan is required by ordinance; or
- (C) Five (5) years where a preliminary development plan is required by ordinance.
History (3)
- Acts 2010, ch. 634, § 2
- 2014, ch. 686, § 2
- 2024, ch. 814, §§ 1-4.
Part 4 Municipal voluntary attainable housing incentive program § 13-4-401. Creation of municipal voluntary attainable housing incentive program — Program requirements — Part definitions. - (a) The chief legislative body of a municipality may create a voluntary attainable housing incentive program by ordinance for the purpose of authorizing certain incentives to be provided to property owners who seek to build multi-family attainable housing.
- (b) Property owners must submit a completed application to the municipal planning commission of a local government in order to be considered for the voluntary program pursuant to § 13-4-403.
- (c) As used in this part, “multi-family housing” means housing accommodations that are designed principally for residential use and consist of not less than five (5) rental units on one (1) site, so long as such units are not detached.
History (1)
- Acts 2024, ch. 1051, § 2.
§ 13-4-402. Ordinance requirements. - An ordinance creating a voluntary attainable housing incentive program enacted by the chief legislative body of a municipality must contain, at a minimum, the following:
- (1) A definition of attainable housing for the purposes of the program;
- (2) The types of multi-family facilities, buildings, and structures eligible for the program;
- (3) The geographic areas of the municipality where multi-family facilities, buildings, and structures eligible for the program may be constructed or rented;
- (4) Any special exceptions or conditional uses included in the municipality's zoning ordinance that apply to attainable multi-family housing projects;
- (5) Any other municipal incentives available to property owners who are approved for participation in the municipality's program; and
- (6) The process that a property owner must follow to provide notice of interest for the voluntary program, including the convening of a pre-application conference, and the process for submitting a completed application as set forth in § 13-4-403.
History (1)
- Acts 2024, ch. 1051, § 2.
§ 13-4-403. Program requirements — Pre-application conference — Decision making authority of the municipal planning commission. - (a) The voluntary attainable housing incentive program must require a property owner to provide written notice of interest for consideration under the program. A municipality shall not compel any property owner to participate in a program.
- (b) A potential applicant must provide notice of interest for consideration under a voluntary attainable housing incentive program to the municipal planning commission staff. Upon receipt of a potential applicant's written notice of interest by the municipal planning commission staff, a pre-application conference must be held between the municipal planning commission staff and the potential applicant before a complete application for housing incentives is filed. The purpose of the pre-application conference is to determine whether a potential project satisfies all of the requirements set out in the ordinance created under § 13-4-402.
- (c)
- (1) Upon the conclusion of the pre-application conference, the municipal planning commission staff, shall either:
- (A) Determine that the proposed project satisfies the requirements to receive housing incentives as set out in the ordinance established under § 13-4-402, and thereafter prepare a conference summary document that includes at a minimum:
- (i) The parameters of the project, including the timeframe for completing the project;
- (ii) The incentives being offered;
- (iii) A finding that the potential project conforms to the ordinance and state law; and
- (iv) A recommendation to the planning commission; or
- (B) Determine that the proposed project does not conform to the ordinance established under § 13-4-402 and state law or that the property owner is no longer interested in participation in the voluntary program. When the proposed project is determined to not meet the requirements of the ordinance established under § 13-4-402, the property owner may either request another meeting within sixty (60) days of the pre-application conference or move forward with the proposed project without the requested incentives.
- (2) Any finding referenced in subdivision (c)(1)(A) by planning commission staff is not binding and does not create any vested property rights for the property owner.
- (d) Upon receipt of the pre-application conference summary document, the potential applicant may submit a complete application to the planning commission for participation in the voluntary attainable housing incentive program. Such application must include a copy of the pre-application conference summary document and an attestation that the applicant is willingly participating in a voluntary program and will construct and complete the project timely within the manner outlined and reviewed in the pre-application conference. The applicant must submit a completed application to the planning commission within one hundred twenty (120) days of receiving the pre-application conference summary document for the completed application to be considered.
- (e) The municipal planning commission shall make the final decision on whether to approve the completed application at the next public meeting held after the completed application is submitted. The planning commission shall review the completed application to determine if it is within the parameters of the pre-application conference summary document. If the completed application is determined to be within the parameters of the pre-application conference summary document, the completed application must not be denied based on any provisions set out in the document. The commission may deny the application based upon any legal issue subsequently identified during the review of the completed application.
- (f) All multi-family facilities, buildings, and structures constructed under a voluntary attainable housing incentive program must be deed-restricted to ensure that the attainable housing continues in perpetuity.
History (1)
- Acts 2024, ch. 1051, § 2.
Chapter 5 Older Neighborhood Preservation Act § 13-5-102. Chapter definitions. - As used in this chapter, unless the context otherwise requires:
- (1) “Dwelling unit” means a structure or the part of a structure that is used as a home, residence, or sleeping place by one (1) person who maintains a household or by two (2) or more persons who maintain a common household;
- (2) “Older residential neighborhood” means an area where a majority of the residential property was constructed fifty (50) years or more prior to April 22, 2004;
- (3) “Owner” means one (1) or more persons, jointly or severally, in whom is vested:
- (A) All or part of the legal title to property; or
- (B) All or part of the beneficial ownership and a right to the present use and enjoyment of the premises;
- (4) “Residential real property” means a building located in an older residential neighborhood consisting of one (1) dwelling unit in which the owner of the real property resides as the owner's principal place of residence;
- (5) “Residential rental property” means a building or structure located in an older residential neighborhood containing one (1) or two (2) dwelling units that are rented; and
- (6) “Substandard residential rental property” means residential rental property where the dwelling unit or improvements within the dwelling unit, which by reason of dilapidation, obsolescence, faulty arrangement or design, lack of ventilation, light and sanitary facilities, deleterious land use, or obsolete layout, or any combination of these or other factors, are detrimental to the safety, health, morals, or welfare of the community.
§ 13-5-103. Creation of grant program by municipality or county. - Upon the adoption of a resolution by a two-thirds (⅔) vote of the legislative body, a municipality or county may create a grant program for the revitalization of substandard residential rental property located in an older residential neighborhood and may also create a grant program for the revitalization of residential real property located in an older residential neighborhood.
§ 13-5-104. Basis for grant programs. - (a) The grant programs shall be based on the estimated expense of renovating the property to property that is decent, safe and sanitary and that meets all local building and housing codes concerning fitness for habitation. The resolution establishing the grant program or programs shall at a minimum:
- (1) For grants for substandard residential rental property:
- (A) Identify the neighborhoods or portions of neighborhoods that contain substandard residential rental property for which a grant program is created; and
- (B) Establish the criteria for renovation and rehabilitation of substandard residential rental property;
- (2) For grants for the renovation or rehabilitation of residential real property:
- (A) Identify the neighborhoods or portions of neighborhoods where a majority of the residential real property is such that the property values of the neighborhood are adversely affected by the condition of the housing stock; and
- (B) Establish the criteria for renovation and rehabilitation of such residential real property;
- (3) Establish an application and appeal process for such grants; such application process shall require that all owners of the property, or their legal representatives, to which the grant applies sign the grant application;
- (4) Determine the maximum amount for a grant under each program;
- (5) Set the time period in which the grant shall be used; the programs shall include a mechanism for funds to revert back if funds included in the grant are not expended; and
- (6) Develop a system of verification and accounting to ensure that the funds are being accurately utilized to rehabilitate the dwelling unit.
- (b) The resolution establishing a grant program or programs may establish penalties in addition to those included in § 13-5-107 for failure to utilize grant funds in accordance with the program developed by the municipality or county.
§ 13-5-105. Public hearing. - Before the legislative body adopts such a resolution establishing a grant program or programs, the legislative body shall hold a public hearing relating to the proposal, after publishing a notice of such public hearing in a newspaper of general circulation in the municipality or county at least two (2) weeks prior to the date of such public hearing. Such notice shall include the time, place and purpose of the public hearing.
§ 13-5-106. Approval across jurisdictions. - If residential rental property or residential real property lies in more than one (1) taxing jurisdiction that has created a grant program under this chapter, approval for a grant by one (1) jurisdiction does not automatically establish approval for a grant in such other jurisdiction.
Chapter 6 Neighborhood Preservation Act § 13-6-102. Chapter definitions. - As used in this chapter, unless the context otherwise requires:
- (1) “Abate” or “abatement” in connection with any building means the removal or correction of any conditions that constitute a public nuisance and the making of any other improvements that are needed to effect such a rehabilitation of the building as is consistent with maintaining safe and habitable conditions over its remaining useful life;
- (2) “Acceptable petitioner” means:
- (A) Any nonprofit corporation;
- (B) The municipal corporation within which such subject parcel is located;
- (C) The owner or legal occupant of a parcel of real property that is adversely impacted by the condition of the subject parcel; or
- (D) Any interested person;
- (3) “Building” means any building or structure that is located on the subject parcel;
- (4) “Certified person” means any person determined by the court pursuant to § 13-6-108 to be qualified as a receiver or a qualified buyer;
- (5) “Dwelling unit” means a building or the part of a building that is intended to be used as a home, residence, or sleeping place;
- (6) “Governmental authority” means any court or governmental, administrative, legislative, regulatory, adjudicatory, or arbitrational body, agency, commission, department, board, bureau, tribunal, or instrumentality of the United States or of any state, commonwealth, nation, territory, possession, county, parish, or municipality, whether now or hereafter constituted or existing, having or claiming jurisdiction over the subject parcel;
- (7) “Interested person” means, with respect to a subject parcel, any owner, named trustee, or other person that:
- (A) Holds, or is the assignee of the holder of, a lien against that subject parcel;
- (B) Is named as a nominee or agent of the holder of an obligation that is secured by a deed or a deed of trust affecting such subject parcel;
- (C) Holds the benefit of an easement appurtenant to such subject parcel;
- (D) Holds the benefit of a restrictive real covenant against such subject parcel; or
- (E) Possesses an interest of record in or to such subject parcel;
- (8) “Municipal corporation” means any incorporated city or any county, including any county having a metropolitan form of government, and the code enforcement department or agency or other unit responsible for enforcing building and property conditions in the territorial jurisdiction of the city or county;
- (9) “Nonprofit corporation” means any nonprofit corporation that has been duly organized and is in good standing under the laws of this state;
- (10) “Owner” means one (1) or more persons, jointly or severally, in whom is vested all or part of the legal title to, or beneficial ownership of, the subject parcel;
- (11) “Person” means any individual, firm, corporation, association, trust, partnership, joint venture, limited liability company, governmental authority, or other entity;
- (12) “Public nuisance” means any building that is:
- (A) A menace to the public health, welfare, or safety;
- (B) Structurally unsafe, unsanitary, or not provided with adequate safe egress;
- (C) A fire hazard, dangerous to human life, or no longer fit and habitable;
- (D) A nuisance, as defined in § 29-3-101; or
- (E) Otherwise determined by the court or a municipal corporation to be a violation of any local building, housing, air pollution, sanitation, health, fire, zoning, or safety code, ordinance, or regulation applicable to any subject parcel;
- (13) “Qualified buyer” means any person determined by the court to be a certified person as provided in § 13-6-108;
- (14) “Receiver” means any certified person appointed by the court for the purpose of preserving or improving the subject parcel and all of the powers of a receiver appointed for tax enforcement pursuant to § 67-5-2103 are, as applicable, the powers of a receiver appointed pursuant to this chapter;
- (15) “Receiver's lien” means a first priority lien in favor of the receiver against the subject parcel that, with regard to the subject parcel, upon approval of the court, secures:
- (A) Any and all reasonable expenses and costs incurred by the receiver, including reasonable attorney's fees and costs; and
- (B) [Deleted by 2024 amendment.]
- (C) [Deleted by 2024 amendment.]
- (D) A fee, payable to the receiver, equal to ten percent (10%) of the total of the amounts provided under subdivision (15)(A), but in no event less than two thousand five hundred dollars ($2,500);
- (16) “Residential property” means a subject parcel that includes one (1) or more dwelling units that is owner-occupied and the owner's principal place of residence, or that is otherwise intended for single-family residential use;
- (17) “Residential rental property” means a building or structure consisting of one (1) or two (2) dwelling units;
- (18) “Stabilization”, with regard to a building, means the removal or correction of any conditions that are designed to secure, protect against, or prevent further deterioration of such building; and
- (19) “Subject parcel” means a tract or item of real or personal property that becomes subject to the jurisdiction of a court pursuant to this chapter.
History (8)
- Acts 2004, ch. 843, § 2
- 2007, ch. 452, § 1
- 2009, ch. 424, § 1
- 2011, ch. 374, §§ 1, 2
- 2014, ch. 835, § 2
- 2016, ch. 727, §§ 1-3
- 2018, ch. 779, § 1
- 2024, ch. 796, §§ 1, 2, 19.
§ 13-6-103. Maintenance at level of community standards. - (a) The owner of residential rental property or residential property shall be required to maintain the exterior of such property and the lot on which the residential rental property or residential property is located at a level which is no less than the community standards of the residential property in the area.
- (b) It is prima facie evidence that the residential rental property or residential property is not maintained at the community standards of the residential property in the area if the owner of such residential rental property or residential property has been cited for three (3) or more separate violations of local building and construction codes or property standards governing residential property within a one-year period and the owner has not brought the property into compliance with such building and construction codes or property standards within such period.
History (2)
- Acts 2004, ch. 843, § 3
- 2016, ch. 727, § 4.
§ 13-6-104. Action for damages for failure to maintain property — Measure of damages. - (a) An owner of residential property affected by residential rental property or residential property not maintained to community standards of residential property in the area may bring an action for damages against the owner of such residential rental property or residential property for failure to maintain the property in the manner required by § 13-6-103; provided, however, that a showing by the owner of the residential rental property or residential property that the failure to maintain the property is due to an act of nature, serious illness, or a legal barrier shall constitute a defense to any cause of action brought under this section.
- (b) The measure of damages shall be the difference between the value of the owner's residential property if the residential rental property or residential property were maintained at the community standards of the residential property in the area and the value of the owner's residential property because the residential rental property or residential property is not maintained at such community standards.
- (c) As proof of the value of the owner's residential property, the plaintiff shall submit to the court two (2) independent appraisals.
- (d) Upon a finding by the court that an owner of residential rental property or residential property has failed to maintain the property in the manner required by § 13-6-103, the court may award to the person bringing an action under this chapter reasonable attorney's fees and costs.
History (3)
- Acts 2004, ch. 843, § 4
- 2009, ch. 424, § 2
- 2016, ch. 727, § 5.
§ 13-6-105. Application. - This chapter shall apply:
- (1) In any county having a metropolitan form of government that has a population in excess of five hundred thousand (500,000), according to the 2000 federal census or any subsequent federal census;
- (2) In any county having a population in excess of eight hundred thousand (800,000), according to the 2000 federal census or any subsequent federal census;
- (3) In any county having a population of not less than ninety-eight thousand two hundred (98,200) nor more than ninety-eight thousand three hundred (98,300), according to the 2010 federal census or any subsequent federal census; and
- (4) In any county or municipality that has formed a land bank pursuant to § 13-30-104.
History (3)
- Acts 2004, ch. 843, § 5
- 2014, ch. 835, § 4
- 2018, ch. 779, § 2.
§ 13-6-106. Civil action to enforce compliance — Draft order of compliance. - (a) An acceptable petitioner may file a petition for a judgment in rem against a subject parcel, naming the subject parcel as the defendant and seeking an order that the subject parcel is a public nuisance and for the abatement of the public nuisance. A proceeding pursuant to this section shall be a proceeding in rem. If the applicable municipal corporation is not the acceptable petitioner, then the applicable municipal corporation shall be put on notice of the in rem proceeding and provided with a full copy of the petition as filed by the acceptable petitioner. If the acceptable petitioner has not attached a certificate of public nuisance to the petition, the municipal corporation shall complete an inspection of the subject parcel within thirty (30) calendar days after the first setting of the matter in court, and the court shall promptly schedule a hearing on the issue of public nuisance. At the conclusion of the hearing on the issue of public nuisance, the court shall determine whether or not the issuance of a certificate of public nuisance is warranted. The court shall dismiss the action if the subject parcel is found not to be a public nuisance by the court.
- (b) The petition filed pursuant to subsection (a) must include a draft order of compliance setting forth the relief requested as described in this section and shall specifically request the appointment of a receiver if an order of compliance pursuant to subsection (e) is entered and if the owner fails to comply with such order.
- (c) The filing of a petition for a judgment in rem pursuant to subsection (a) shall:
- (1) Create a receiver's lien that secures an undetermined amount until the court establishes the amount. The receiver's lien shall be a first lien on the subject parcel, which is superior to all prior and subsequent liens or other encumbrances associated with the subject parcel. The acceptable petitioner shall file for record in the register's office of the county an abstract certified by the clerk, within one (1) day of certification by the clerk, containing the names of the parties to the suit, a statement that petition has been filed pursuant to this section, a description of the subject parcel and its ownership, and a brief statement of the nature and amount of the lien sought to be imposed, all in compliance with § 20-3-101, which filing shall act as a lien lis pendens against the subject parcel. The outstanding principal amount of the receiver's lien carries interest at a standard statutory rate applicable to judgment liens as provided in § 67-5-2010;
- (2) Act as a bar of any transfer of title of the subject parcel or of any interests pertaining to such subject parcel, including, but not limited to, transfers by foreclosure, transfers or creation of lien interests in the subject parcel, or otherwise, from the date of the filing until the petition is dismissed or until specific orders of the court authorizing a transfer of title, if the petition has attached a certificate of public nuisance issued pursuant to subsection (a); and
- (3) Authorize the municipal corporation, in its discretion, to access the subject parcel for boarding, securing, and maintaining the subject parcel at any time if it has been determined by the court that the owner has failed to do so. Any costs incurred by the municipal corporation shall be charged to the owner.
- (d) Notice of a petition for a judgment in rem filed pursuant to subsection (a) shall, at a minimum, be provided to each owner and interested person identified by a thorough title search and examination of the subject parcel, including a search of court records of the county where the subject parcel is located. The petitioner shall file with the court a certification that notice has been provided pursuant to this subsection (d). Notice shall be provided by:
- (1) Sending a copy of the petition by first-class mail to the last known address of record;
- (2) Posting a copy of the petition in a conspicuous place on the building;
- (3) Publication of the petition in a newspaper of general circulation published in the county where the subject parcel is located; and
- (4) Sending a copy of the petition by first-class mail addressed to “occupant” at the subject parcel.
- (e) If, after a hearing, the subject parcel is found to be a public nuisance, the court shall issue an order of compliance requiring the owner of the subject parcel to produce a plan for the abatement of the public nuisance. The acceptable petitioner shall file such order in the register's office of the county where the subject parcel is located. The plan must comply with subdivision (h)(1) and must be approved by the court. If the owner has commenced work on the subject parcel prior to, or during the pendency of the action, the owner is required to provide a report of the work that has been completed to date, as well as a plan for the abatement of the public nuisance. Once a plan is approved by the court, the municipal corporation shall provide periodic updates to the court on the owner's progress towards completion of the plan and other relevant information about the subject parcel and surrounding area. Upon a finding by the court that the subject parcel is a public nuisance, the court may award all reasonable attorney's fees and costs to the person filing the petition for a judgment in rem.
- (f) If the owner fails to comply with the court's order of compliance pursuant to subsection (e), the court may allow an interested person the opportunity to undertake the work to abate the public nuisance pursuant to a plan that complies with subdivision (h)(1) submitted by such interested person.
- (g) If the actions pursuant to subsections (e) and (f) fail to abate the public nuisance, then the court may appoint a receiver to take possession and control of the subject parcel in order to execute a plan submitted by such receiver that complies with either subdivision (h)(1) or (h)(2). A receiver appointed pursuant to this chapter is not personally liable for actions taken pursuant to the receivership except for misfeasance, malfeasance, or nonfeasance in the performance of the functions of the office.
- (h)
- (1) A public nuisance abatement plan, if submitted by an owner, interested party, or proposed receiver, must provide the following in writing:
- (A) A detailed budget for abating the public nuisance;
- (B) A projected timeline for abating the public nuisance;
- (C) If repair and rehabilitation of the subject parcel are found not to be feasible, the cost of demolition of the subject parcel or of the portions of the subject parcel that constitute the public nuisance; and
- (D) The terms, conditions, and availability of any financing that is necessary to abate the public nuisance or a show of sufficient assets.
- (2) A stabilization plan, if submitted by a proposed receiver, must provide the following in writing:
- (A) A detailed budget for stabilizing the subject parcel;
- (B) A projected timeline for stabilizing the subject parcel; and
- (C) The terms, conditions, and availability of any financing that is necessary to stabilize the subject parcel or a show of sufficient assets.
- (i)
- (1) If the court deems a plan submitted by a receiver to be sufficient and appropriate, the court may empower the receiver to:
- (A) Take possession and control of the subject parcel;
- (B) Pay all expenses of operating and conserving the subject parcel, including obtaining property insurance;
- (C) Pay prereceivership mortgages or installments of such mortgages and other liens;
- (D) Pay all outstanding municipal fines, penalties, expenditures, and assessments and all amounts attributable to state and local taxes and assessments, including all outstanding amounts secured by delinquent property tax liens; provided, that, within thirty (30) days of being appointed, a receiver is required to fully satisfy all outstanding amounts secured by delinquent property tax liens; and
- (E) Implement the plan; provided, that, if the plan requires demolition, the court shall order that the demolition be done properly and in compliance with applicable laws.
- (2) The receiver shall file a report with the court every sixty (60) calendar days and, upon completion of work pursuant to the receiver's approved plan, shall file a final report with the court and move for the establishment of the amount of the receiver's lien. If the court finds that work pursuant to the receiver's approved plan has been completed, then the court must establish the amount of the receiver's lien and put the owner on notice that the owner has thirty (30) days from such finding to satisfy the receiver's lien in full. If the owner satisfies the receiver's lien in full during such time, then the receivership must be terminated by order of the court. An owner or interested party that satisfies a receiver's lien established pursuant to a receiver's completion of a stabilization plan pursuant to subdivision (h)(2) shall submit and complete a public nuisance abatement plan pursuant to subdivision (h)(1).
- (j) If the receiver's lien is not satisfied by the owner pursuant to subdivision (i)(2), the court shall direct the receiver to offer the subject parcel for sale at auction in accordance with the following:
- (1) The sales procedure shall follow the procedures provided in §§ 35-5-101 — 35-5-109;
- (2) The minimum bid at a receiver's auction must be the full amount of the receiver's lien;
- (3) If the receiver has completed work pursuant to an approved stabilization plan authorized by subdivision (h)(2), then only bidders who have been certified by the court as qualified buyers may bid at the receiver's auction. The terms of the auction must include the requirement of a bond or other security, in an amount fixed by the court, ensuring abatement of the public nuisance within nine (9) months of the date of the closing of the sale to the qualified buyer. If a qualified buyer prevails at such an auction and the qualified buyer's bid is approved by the court, then the receiver's plan pursuant to subdivision (h)(2) must be amended by the court to include supervision of the qualified buyer and reports to the court of the qualified buyer's progress until the abatement of the public nuisance is completed, at which time the receivership must be terminated by order of the court after a hearing on the receiver's motion for termination of the receivership;
- (4) If there is no bidder at the receiver's auction for greater than the minimum bid, the subject parcel shall be transferred by receiver's deed to the receiver, and there shall be no requirement of cash payment of the minimum bid by the receiver;
- (5) When the successful bid is paid in cash, the amount of the minimum bid must be paid to satisfy the receiver's lien. Any surplus shall be distributed, as approved by the court, to the owner and interested persons in the priority in which their interests encumbered the subject parcel prior to the auction; and
- (6) The receiver shall report the prevailing bid at the sale to the court, and upon approval by the court, a receiver's deed shall be issued to the successful bidder and promptly recorded in the office of the register of deeds. Title shall be absolute in the purchaser, and the interests of any interested persons prior to the auction shall be terminated as of the date of the auction. Except as provided in subdivision (j)(3), the receivership shall be terminated after the auction by order of the court after a hearing on receiver's motion for termination of the receivership.
- (k)
- (1) Nothing in this chapter limits the powers granted to a court having jurisdiction pursuant to § 13-6-107.
- (2) The monetary and other limitations specified in § 16-15-501(d)(1) upon any court with jurisdiction over an action described in subsection (a) do not operate as limitations upon any of the following:
- (A) Expenditures of a mortgagee, lienholder, other interested person, or receiver that has been selected pursuant to subsection (f) or (g) to undertake the work and to furnish the materials necessary to abate a public nuisance;
- (B) Any notes issued by a receiver;
- (C) Any mortgage granted by a receiver;
- (D) Expenditures in connection with the foreclosure of a mortgage granted by a receiver in accordance with subsection (i);
- (E) The enforcement of an order of a judge entered pursuant to this chapter; or
- (F) The actions that may be taken pursuant to this chapter by a receiver or a mortgagee, lienholder, or other interested person that has been selected pursuant to subsection (f) or (g) to undertake the work and to furnish the materials necessary to abate a public nuisance.
- (3) A judge in a civil action described in subsection (a), or the judge's successor in office, has continuing jurisdiction to review and order correction of the condition of any subject parcel that was determined to be a public nuisance pursuant to this chapter.
History (7)
- Acts 2007, ch. 452, § 2
- 2009, ch. 424, §§ 3-5
- 2011, ch. 374, §§ 3-5
- 2014, ch. 835, §§ 1, 3
- 2016, ch. 727, § 6
- 2018, ch. 779, § 3
- 2024, ch. 796, §§ 3-18.
§ 13-6-107. Jurisdiction. - Jurisdiction for civil actions filed pursuant to this chapter is conferred upon the chancery, circuit, and any court designated as an environmental court pursuant to Acts 1991, chapter 426.
§ 13-6-108. Qualification as a certified person. - (a) Any person seeking to be qualified as a certified person shall make application to the applicable court in the county in which such person seeks to serve, on such form and according to such standards and procedures as such court reasonably may require, including the following, which the court may require to be brought current at any time, as applicable:
- (1) An external verification of good standing;
- (2) The articles of incorporation and bylaws or formation documents;
- (3) Evidence of financial capacity to carry out an abatement plan, including audited financial statements of the person for the past five (5) years, where applicable;
- (4) A formal conflict of interest policy governing the staff, officers, and the board of directors, if applicable;
- (5) Evidence of the administrative capacity to successfully undertake the abatement plan; and
- (6) Any other documents, evidence, or assurances that the court may require.
- (b) Any local land bank formed pursuant to § 13-30-104 is a certified person for all purposes under this chapter. In the court's discretion, an acceptable petitioner may also be qualified as a certified person who is appointed as a receiver.
Chapter 7 Zoning Part 1 County Zoning § 13-7-101. Grant of zoning power. - (a)
- (1) The county legislative body of any county is empowered, in accordance with the conditions and the procedure specified in this part, to regulate, in the portions of such county which lie outside of municipal corporations, the location, height and size of buildings and other structures, the percentage of lot which may be occupied, the sizes of yards, courts, and other open spaces, the density and distribution of population, the uses of buildings and structures for trade, industry, residence, recreation or other purposes, and the uses of land for trade, industry, residence, recreation, agriculture, forestry, soil conservation, water supply conservation or other purposes, and identify areas where there are inadequate or nonexistent publicly or privately owned and maintained services and facilities when the planning commission has determined the services are necessary in order for development to occur. Special districts or zones may be established in those areas deemed subject to seasonal or periodic flooding, and such regulations may be applied therein as will minimize danger to life and property, and as will secure to the citizens of Tennessee the eligibility for flood insurance under Public Law 1016, 84th Congress, or subsequent related laws or regulations promulgated under such provisions. Protection and encouragement of access to sunlight for solar energy systems may be considered in promulgating zoning regulations pursuant to this section. Quarrying shall be uniformly defined, for purposes of all county zoning regulations, as the extraction, removal and mechanized processing of stone, gravel, phosphate rock, metallic ore, limestone, marble, chert, sand, dimension stone and any other solid mineral or substance of commercial value, except coal and deep metal mining, including, but not limited to zinc, found in natural deposits in the earth, for barter or sale. The definition of quarrying shall not include the reuse of these minerals on the same site from which they are extracted. This definition shall have no effect on the exception contained in § 54-1-128. The removal of borrow material from a site and the placement of the same material on a project site without any mechanized processing shall not be considered quarrying.
- (2)
- (A)
- (i) The transfer of development rights may be provided for in the promulgation of zoning regulations pursuant to this section. The creation, amendment or repeal of regulations, districts or maps providing for the transfer of development rights shall be in compliance with §§ 13-7-104 and 13-7-105. The transfer of development rights shall not be subject to taxation pursuant to title 67, chapter 4 or 6; provided, that any instruments recorded in the county register's office as the result of the transfer of development rights shall be subject to the fees set out in § 8-21-1001. Any regulations authorizing the transfer of development rights shall provide that conveyances of development rights shall be in writing and shall be recorded in the office of the register of deeds and that whenever transferred development rights are allocated to any property, such allocation shall not become effective until the transferred development rights are noted in an instrument or on a plat and recorded in the office of the register of deeds.
- (ii) A town, city, county, a county with a metropolitan form of government, the state of Tennessee, or a not-for-profit conservation or preservation organization may be the receiving entity of a development right without allocating or designating the transferred development right to any receiving property under its ownership or control. A town, city, county, a county with a metropolitan form of government, the state of Tennessee, or a not-for-profit conservation or preservation organization shall be allowed to receive all or part of the donating property's development rights notwithstanding any local zoning regulations pertaining to any required ratio or amount of land area a receiving property must contain in relation to the land area of the donating property or of the total amount of density that a receiving property may obtain from the donating property.
- (B) This subdivision (a)(2) shall be strictly construed with the specific intent to allow a local government to establish its own plan whereby the owners of property in a restrictive area (historical, agricultural, rural area as designated in the county's growth plan, or environmental) can sell the development rights to a developer or another individual and only with the consent of the property owner and through negotiations of development rights in the free marketplace. A property owner may donate, through gift or through testamentary disposition, all or part of the development rights of the owner's property to a town, city, county, a county with a metropolitan form of government, the state of Tennessee, or a not-for-profit conservation or preservation organization. Any town, city, county, county with a metropolitan government, the state, or any not-for-profit conservation or preservation organization may purchase development rights from a property owner with the consent of the property owner and the purchase shall be through negotiations of the development rights in the free marketplace. Any town, city, county, county with a metropolitan government, the state, or any not-for-profit conservation or preservation organization may preserve the purchased or donated development rights unused for a definite or indefinite period of time and may at any time sell the development rights so held to a property owner in a designated receiving area with the purchase being one negotiated in the free marketplace. In order to accept a donation of development rights or for the purchase or sale of developments rights by a town, city, county, or county with a metropolitan government, the donation, purchase or sale must be approved by that government's legislative body.
- (C) It is the legislative intent that the provisions of this section relative to the transfer of development rights are permissive and not mandatory. Such rights shall only be transferred by contract and not by operation of law.
- (b) The chief legislative body of any county having a population of not less than two hundred eighty-seven thousand seven hundred (287,700) nor greater than two hundred eighty-seven thousand eight hundred (287,800), according to the 1980 federal census or any subsequent federal census, is further authorized and empowered to rezone properties conditionally or based upon contract, where the agreed conditions are designed to ameliorate injuries created by the rezoning to surrounding property interests or to county interests.
History (12)
- Acts 1935, ch. 33, § 1
- C. Supp. 1950, § 10268.1
- Acts 1957, ch. 306, § 1
- impl. am. Acts 1978, ch. 934, §§ 7, 36
- Acts 1979, ch. 259, § 7
- T.C.A. (orig. ed.), § 13-401
- Acts 1985, ch. 44, § 1
- 1987, ch. 361, §§ 1, 4
- 2001, ch. 265, §§ 1-4
- 2008, ch. 1150, § 11
- 2011, ch. 217, § 1
- 2012, ch. 755, § 1.
§ 13-7-102. Regional zoning plans — Execution by county legislative body. - From and after the time when the regional planning commission of any planning region defined and created by the [former] state planning office makes and certifies to the legislative body of any county located in whole or part in such region a zoning plan, including both the text of a zoning ordinance and the zoning maps, representing the recommendations of such planning commission for the regulation by districts or zones of the location, height and size of buildings and other structures, the percentage of lots that may be occupied, the sizes of yards, courts and other open spaces, the density and distribution of population, the location and uses of buildings and structures for trade, industry, residence, recreation or other purposes and the use of land for trade, industry, residence, recreation, agriculture, forestry, soil conservation, water supply conservation or other purposes, and identify areas where there are inadequate or nonexistent publicly or privately owned and maintained services and facilities when the planning commission has determined the services are necessary in order for development to occur, then the county legislative body may, by ordinance, exercise the powers granted in § 13-7-101 and, for the purpose of such exercise, may divide the territory of the county which lies within the region but outside of municipal corporations into districts of such number, shape or area as it may determine and within such districts may regulate the erection, construction, reconstruction, alteration and uses of buildings and structures and the uses of land. All such regulations shall be uniform for each class or kind of buildings throughout any such district, but the regulations in one (1) district may differ from those in other districts. The regional planning commission may make and certify a single plan for all the territory of the county which lies within the region but outside of municipal corporations, or may make and certify separate and successive plans for parts of such territory which it deems to be suitable for urban or nonurban development or which for other reasons it deems to be an appropriate territorial unit for a zone plan; and correspondingly, any ordinance enacted by the county legislative body may cover and include the whole territory of the county which lies within the region but outside of municipal corporations covered and included in any such single plan or in any such separate and successive plans. No ordinance covering more or less than the entire area covered by any such certified plan shall be enacted or put into effect until or unless it is first submitted to the regional planning commission and is approved by the commission or, if disapproved, shall receive the favorable vote of not less than two-thirds (⅔) of the entire membership of the county legislative body.
History (6)
- Acts 1935, ch. 33, § 2
- C. Supp. 1950, § 10268.2
- impl. am. Acts 1972, ch. 542, § 15
- impl. am. Acts 1978, ch. 934, §§ 7, 36
- T.C.A. (orig. ed.), § 13-402
- Acts 2008, ch. 1150, § 12.
§ 13-7-103. Purposes of zoning regulations. - Such regulations shall be designed and enacted for the purpose of promoting the health, safety, morals, convenience, order, prosperity and welfare of the present and future inhabitants of the state and of its counties, including, among other things, lessening congestion on the roads or reducing the wastes of excessive amount of roads; securing safety from fire and other dangers; promoting adequate light and air, including protecting and encouraging access to sunlight for solar energy systems; preventing, on the one hand, excessive concentrations of population and, on the other hand, excessive and wasteful scattering of population or settlement; promoting such distribution of population and such classification of land uses and distribution of land development and utilization as will tend to facilitate and conserve adequate provisions for transportation, water flowage, water supply, drainage, sanitation, educational opportunity, recreation, soil fertility, food supply and the protection of both urban and nonurban development, and identify areas where there are inadequate or nonexistent publicly or privately owned and maintained services and facilities when the planning commission has determined the services are necessary in order for development to occur.
History (5)
- Acts 1935, ch. 33, § 3
- C. Supp. 1950, § 10268.3
- Acts 1979, ch. 259, § 8
- T.C.A. (orig. ed.), § 13-403
- Acts 2008, ch. 1150, § 13.
§ 13-7-104. Method of procedure after certification of plan from commission. - After the certification of a zone plan from the regional planning commission and before the enactment of any such zoning ordinance, the county legislative body shall hold a public hearing thereon, the time and place of which at least thirty (30) days' notice shall be given by one (1) publication in a newspaper of general circulation in the county. Such notice shall state the place at which the text and maps as certified by the planning commission may be examined. No change in or departure from the text or maps as certified by the regional planning commission shall be made, unless such change or departure be first submitted to the certifying regional planning commission for its approval, disapproval or suggestions, and, if disapproved, shall receive the favorable vote of a majority of the entire membership of the county legislative body. Such planning commission shall have thirty (30) days from and after such submission within which to send its report to the county legislative body. The entire text of a zoning ordinance need not be published in a newspaper. It is sufficient notice if the caption and a complete summary are published at least once in the official newspaper of the county or in a newspaper of general circulation in the county. The summary shall include a statement that a complete copy of the zoning ordinance is available and where such copy may be obtained. The ordinance shall not be in force until the required publication is made. If the zoning ordinance rezones property, a description of the property that is rezoned shall be included in the summary.
History (6)
- Acts 1935, ch. 33, § 4
- C. Supp. 1950, § 10268.4
- impl. am. Acts 1978, ch. 934, §§ 7, 36
- T.C.A. (orig. ed.), § 13-404
- Acts 1985, ch. 162, § 1
- 1993, ch. 262, § 1.
§ 13-7-105. Amendments of zoning ordinance provisions — Procedure. - (a) The county legislative body may, from time to time, amend the number, shape, boundary, area or any regulation of or within any district or districts or any other provision of any zoning ordinance; but any such amendment shall not be made or become effective unless the same be first submitted for approval, disapproval or suggestions to the regional planning commission of the region in which the territory covered by the ordinance is located, and, if such regional planning commission disapproves within thirty (30) days after such submission, such amendment shall require the favorable vote of a majority of the entire membership of the county legislative body.
- (b) Prior to adopting an amendment as authorized under subsection (a), the county legislative body shall hold a public hearing on the amendment, with at least fifteen (15) days' notice of the time and place to be given by at least one (1) publication in a newspaper of general circulation in the county. A complete summary of the amendment shall be published at least once in the official newspaper of the county or in a newspaper of general circulation in the county. The summary shall include a statement that a complete copy of the amendment is available and where the copy may be obtained. If the zoning ordinance rezones property, a description of the property that is rezoned shall be included in the summary.
- (c) Notwithstanding this part or any other law to the contrary, any county having a charter form of government, adopted pursuant to title 5, chapter 1, part 2, may amend its zoning ordinance by means of resolution; and all zoning amendments passed by resolution prior to July 1, 1996, shall be deemed to be valid and shall not be attacked on the grounds that the amendments were accomplished by means of resolution rather than by ordinance.
History (10)
- Acts 1935, ch. 33, § 5
- C. Supp. 1950, § 10268.5
- impl. am. Acts 1978, ch. 934, §§ 7, 36
- T.C.A. (orig. ed.), § 13-405
- Acts 1989, ch. 34, § 1
- 1993, ch. 244, §§ 1, 2
- 1993, ch. 262, §§ 2, 3
- 1996, ch. 715, § 1
- 1997, ch. 69, § 1
- 2016, ch. 577, § 1.
§ 13-7-106. Creation of county board of zoning appeals — Appointment of members — Terms — Vacancies — Training and continuing education. - (a) The legislative body of any county which enacts zoning regulations under the authority of this part shall create a county board of zoning appeals of three (3), five (5), seven (7), or nine (9) members. In any county which has adopted a charter form of government as provided in the Constitution of Tennessee, article VII, § 1, and by § 5-1-201, and which has a population of less than six hundred thousand (600,000), according to the 1980 federal census or any subsequent federal census, the legislative body of any such county which enacts zoning regulations under the authority of this part shall create a county board of zoning appeals of five (5), seven (7) or nine (9) members. The county legislative body shall be the appointing power of the members of such board of appeals and may fix their compensation and their terms, which terms shall be of such length and so arranged that the term of one (1) member will expire each year. In any county which has adopted a charter form of government as provided in the Constitution of Tennessee, article VII, § 1, and by § 5-1-201, and which has a population of less than six hundred thousand (600,000), according to the 1980 federal census or any subsequent federal census, the county legislative body shall arrange their terms in any fashion so long as no member's term exceeds five (5) years in length. The county legislative body may remove any member for cause upon written charges and after a public hearing. Vacancies shall be filled for unexpired terms in the same manner as in the case of original appointments. The county legislative body may appoint associate members of the board, and, in the event that any regular member be temporarily unable to act owing to absence from the county, illness, interest in a case before the board, or other cause, such associate member's place may be taken during such temporary disability by an associate member designated for the purpose by the county legislative body. The county legislative bodies of two (2) or more counties may, by ordinances enacted by both or all of them, arrange and provide for a joint or common board of zoning appeals.
- (b)
- (1) Each board of zoning appeals member shall, within one (1) year of initial appointment and each calendar year thereafter, attend a minimum of four (4) hours of training and continuing education in one (1) or more of the subjects listed in subdivision (b)(5).
- (2) Each full-time or contract building commissioner or professional planner or other administrative official whose duties include advising the board of zoning appeals shall, each calendar year, attend a minimum of eight (8) hours of training and continuing education in one (1) or more of the subjects listed in subdivision (b)(5). A professional planner who is a member of the American Institute of Certified Planners (AICP) shall be exempt from this requirement.
- (3) Each of the individuals listed in subdivisions (b)(1) and (2) shall certify by December 31 of each calendar year such individual's attendance by a written statement filed with the secretary of such individual's respective board of zoning appeals. Each statement shall identify the date of each program attended, its subject matter, location, sponsors, and the time spent in each program.
- (4) The legislative body of the county shall be responsible for paying the training and continuing education course registration and travel expenses for each board of zoning appeals member and full-time building commissioner or other administrative official whose duties include advising the board of zoning appeals.
- (5) The subjects for the training and continuing education required by subdivisions (b)(1) and (2) shall include, but not be limited to, the following: land use planning; zoning; flood plain management; transportation; community facilities; ethics; public utilities; wireless telecommunications facilities; parliamentary procedure; public hearing procedure; land use law; natural resources and agricultural land conservation; economic development; housing; public buildings; land subdivision; and powers and duties of the board of zoning appeals. Other topics reasonably related to the duties of the board of zoning appeals and the building commissioner or other administrative official whose duties include advising the board of zoning appeals may be approved by majority vote of the board of zoning appeals prior to December 31 of the year for which credit is sought.
- (6) Each local board of zoning appeals shall keep in its official public record originals of all statements and the written documentation of attendance required to comply with these provisions for three (3) years after the calendar year in which each statement and appurtenant written documentation is filed.
- (7) Each board of zoning appeals member and each building commissioner or other administrative official whose duties include advising the board of zoning appeals shall be responsible for obtaining written documentation signed by a representative of the sponsor of any training and continuing education course for which credit is claimed, acknowledging the fact that the individual attended the program for which credit is claimed.
- (8) If a board of zoning appeals member fails to complete the requisite number of hours of training and continuing education within the time allotted by this subsection (b) or fails to file the statement required by this subsection (b), then this shall constitute a cause for the removal of the board of zoning appeals member from the board of zoning appeals.
- (9) The legislative body of the county may, at any time, opt out of this subsection (b) by passage of a resolution. Further any such legislative body that has opted out may, at a later date, opt in by passage of a resolution.
History (9)
- Acts 1935, ch. 33, § 6
- C. Supp. 1950, § 10268.6
- impl. am. Acts 1978, ch. 934, §§ 7, 36
- T.C.A. (orig. ed.), § 13-406
- Acts 1991, ch. 521, § 1
- 1993, ch. 184, § 1
- 2002, ch. 862, § 5
- 2009, ch. 47, § 10
- 2016, ch. 693, § 1.
§ 13-7-107. Rules of procedure and jurisdiction of board of appeals. - (a)
- (1) The county legislative body may provide and specify, in its zoning or other ordinance, general rules to govern the organization, procedure and jurisdiction of the board of appeals, which rules shall not be inconsistent with this part, and the board may adopt supplemental rules of procedure, not inconsistent with such sections or such general rules.
- (2) The supplemental rules of procedure may address, but shall not be limited to, the following:
- (A) Maintenance of a record of the board's resolutions, transactions, motions and actions, which shall be a public record;
- (B) Election from its membership of a chair and other officers as the board deems necessary; and
- (C) The inclusion of statements of reasons for the board's actions as part of each motion or action, including such findings of fact and statements of material evidence as the board may deem pertinent.
- (b) The zoning ordinance may provide that the board of appeals may, in appropriate cases and subject to appropriate principles, standards, rules, conditions and safeguards set forth in the ordinance, make special exceptions to the terms of the zoning regulations in harmony with their general purpose and intent. The county legislative body may also authorize the board of appeals to interpret the zoning maps and pass upon disputed questions of lot lines or district boundary lines or similar questions as they arise in the administration of the zoning regulations.
History (5)
- Acts 1935, ch. 33, § 6
- C. Supp. 1950, § 10268.6
- impl. am. Acts 1978, ch. 934, §§ 7, 36
- T.C.A. (orig. ed.), § 13-407
- Acts 2011, ch. 279, § 1.
§ 13-7-108. Persons taking appeals. - Appeals to the board of appeals may be taken by any person aggrieved, or by any officer, department or board of the county affected, by any grant or withholding of a building permit or by any other decision of a building commissioner or other administrative official, based in whole or in part upon any ordinance under this part.
History (3)
- Acts 1935, ch. 33, § 6
- C. Supp. 1950, § 10268.6
- T.C.A. (orig. ed.), § 13-408.
§ 13-7-109. Powers of board of appeals. - The board of appeals has the power to:
- (1) Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by the county building commissioner or any other administrative official in the carrying out or enforcement of any ordinance enacted pursuant to this part;
- (2) Hear and decide, in accordance with the provisions of any such ordinance, requests for special exceptions or for interpretation of the map or for decisions upon other special questions upon which such board is authorized by any such ordinance to pass; and
- (3) Where, by reason of exceptional narrowness, shallowness, or shape of a specific piece of property at the time of the enactment of the regulation or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation enacted under such sections would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the owner of such property, authorize, upon an appeal relating to the property, a variance from such strict application so as to relieve such difficulties or hardship; provided, that such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the zone plan and zoning ordinances.
History (3)
- Acts 1935, ch. 33, § 6
- C. Supp. 1950, § 10268.6
- T.C.A. (orig. ed.), § 13-409.
§ 13-7-110. Building commissioner — Position established — Permits. - Any county legislative body may provide for the enforcement of its zoning regulations by means of the withholding of building permits and, for such purpose, may establish the position of county building commissioner and may fix the compensation attached to such position. The county building commissioner shall be appointed by the county mayor, subject to the confirmation of the county legislative body. From and after the establishment of such position and the filling of same, it is unlawful to erect, construct, reconstruct, alter or use any building or other structure within the territory covered by such zoning regulations without obtaining a building permit from such county building commissioner, and such building commissioner shall not issue any permit unless the plans for the proposed erection, construction, reconstruction, alteration or use fully conform to all zoning regulations then in effect.
History (7)
- Acts 1935, ch. 33, § 7
- C. Supp. 1950, § 10268.7
- impl. am. Acts 1978, ch. 934, §§ 7, 36
- T.C.A. (orig. ed.), § 13-410
- Acts 1999, ch. 308, § 1
- 2003, ch. 90, § 2
- 2003, ch. 330, § 1.
§ 13-7-111. Violation of regulations — Penalties — Modes of enforcement and remedies. - It is unlawful to erect, construct, reconstruct, alter, maintain or use any building or structure or to use any land in violation of any regulation in any provision of any ordinance or any amendment thereof enacted or adopted by any county legislative body under the authority of this part. A violation of this part is a Class C misdemeanor. Each and every day during which such illegal erection, construction, reconstruction, alteration, maintenance or use continues is deemed a separate offense. In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, maintained or used or any land is or is proposed to be used in violation of this part or of any regulation or provision enacted or adopted by any county legislative body under the authority granted by this part, such county legislative body, the attorney general and reporter, the district attorney general for the judicial district in which such violation occurs or is threatened, the county building commissioner or any adjacent or neighboring property owner who would be specially damaged by such violation, in addition to other remedies provided by law, may institute injunction, mandamus, abatement or any other appropriate action, actions, proceeding or proceedings to prevent, enjoin or abate or remove such unlawful erection, construction, reconstruction, alteration, maintenance or use.
History (6)
- Acts 1935, ch. 33, § 8
- C. Supp. 1950, § 10268.8
- modified
- impl. am. Acts 1978, ch. 934, §§ 7, 36
- T.C.A. (orig. ed.), § 13-411
- Acts 1989, ch. 591, § 113.
§ 13-7-112. Regulations conflicting with other laws. - Wherever the regulations made under authority of this part require a greater width or size of yards, courts or other open spaces, or require a lower height of buildings or less number of stories, or require a greater percentage of lot to be unoccupied, or impose other higher standards than are required in any other statute, the regulations made under authority of this part shall govern. Whenever any other statute requires a greater width or size of yards, courts or other open spaces, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required by the standards that are required by the regulations made under authority of this part, the provisions of such statute shall govern.
History (3)
- Acts 1935, ch. 33, § 9
- C. Supp. 1950, § 10268.9
- T.C.A. (orig. ed.), § 13-412.
§ 13-7-113. “Regional planning commission” defined. - For the purposes of this part, “regional planning commission” means any regional planning commission established by the [former] state planning office as authorized by law, and includes any municipal planning commission designated by the state planning office, as authorized by law, as the regional planning commission of a planning region composed of the territory of a single municipality, together with territory adjoining but outside of such municipality.
History (4)
- Acts 1935, ch. 33, § 10
- C. Supp. 1950, § 10268.10
- impl. am. Acts 1972, ch. 542, § 15
- T.C.A. (orig. ed.), § 13-413.
§ 13-7-114. Construction — Building permits — Agricultural use of land — Land located in special flood hazard area. - (a) This part shall not be construed as authorizing the requirement of building permits nor providing for any regulation of the erection, construction, or reconstruction of any building or other structure on lands now devoted to agricultural uses or which may hereafter be used for agricultural purposes, except on agricultural lands adjacent or in proximity to state federal-aid highways, public airports or public parks; provided, that such building or structure is incidental to the agricultural enterprise. Nor shall this chapter be construed as limiting or affecting in any way or controlling the agricultural uses of land.
- (b) For purposes of this section, buildings used as residences by farmers and farm workers are “incidental to the agricultural enterprise”.
- (c)
- (1) Notwithstanding subsection (a) or any other law to the contrary, a county participating in the national flood insurance program shall regulate buildings and development on land located in a special flood hazard area identified on the flood insurance rate map adopted by the county for purposes of participating in the national flood insurance program, but only to the minimum extent necessary to comply with the national flood insurance program.
- (2) Subdivision (c)(1) shall apply only to the regulation of buildings and development on land located within the one hundred-year floodplain.
History (6)
- Acts 1935, ch. 33, § 11
- 1941, ch. 86, § 1
- C. Supp. 1950, § 10268.11
- T.C.A. (orig. ed.), § 13-414
- Acts 2014, ch. 524, § 1
- 2015, ch. 192, § 1.
§ 13-7-115. Private acts unaffected. - This part shall not be construed as repealing or modifying any provision of any private act heretofore enacted relating to the powers of any county therein designated or of any municipality therein designated, to enact zoning regulations in such county or in territory lying outside of such municipality.
History (4)
- Acts 1935, ch. 33, § 12
- 1941, ch. 896, § 2
- C. Supp. 1950, § 10268.12
- T.C.A. (orig. ed.), § 13-415.
§ 13-7-117. Certificate of insurance or workers' compensation policy required for issuance of building permit — Return of certificate or policy — Exemptions — Liability — Violations. - (a) No building permit shall be issued until the county building commissioner receives a copy of either a certificate of insurance or a workers' compensation policy as evidence of the existence of workers' compensation insurance.
- (b) The county building commissioner shall keep on file such copy of either the certificate of insurance or the workers' compensation policy for the life of the permit. After the building permit has expired, the county building commissioner shall return by mail the copy of the certificate of insurance or the workers' compensation policy within ten (10) working days to the person who obtained the permit.
- (c)
- (1) This section does not apply to those persons who are not required by title 50, chapter 6, to obtain workers' compensation coverage, to any person who performs work on such person's own property in such person's own county of residence, or to any person who directly supervises work on such person's own property in such person's own county of residence.
- (2) Persons not required to present evidence of compliance with §§ 50-6-405 and 50-6-406 pursuant to this subsection (c) shall present or sign an affidavit which attests to their exemption from this section. A person authorized to issue building permits who issues a building permit to a person exempted from this section shall keep on file for the life of the permit such affidavit of exemption.
- (d) A person authorized to issue building permits, who in good faith accepts an affidavit of exemption, a copy of a certificate of insurance, or a copy of a workers' compensation policy shall not be liable in any criminal or civil action alleging the person obtaining the building permit was subject to §§ 50-6-405 and 50-6-406 and such person did not in fact have workers' compensation coverage. Compliance with this section shall be a rebuttable presumption that the person authorized to issue building permits acted in good faith.
- (e) A violation of this section is a Class C misdemeanor.
History (3)
- Acts 1993, ch. 520, § 1
- 1999, ch. 520, § 34
- 2003, ch. 359, § 11.
§ 13-7-118. Land use plan in certain counties that are in an early action compact or in nonattainment for air quality. - (a) This section applies to any county in the state that either is in an early action compact or is in nonattainment for air quality according to the environmental protection agency as of April 15, 2004.
- (b) Any county that qualifies under subsection (a) and whose population according to the 2000 federal census was sixty thousand (60,000) or more and the county as of April 15, 2004, did not have a land use plan, shall adopt a land use plan which states that air quality issues will be considered as part of the county-wide land use plans.
History (1)
- Acts 2004, ch. 901, §§ 1, 2.
§ 13-7-119. Compiling of effective zoning ordinance and map — Zoning ordinance and map as public record — Challenge to accuracy. - (a) Any county that has exercised zoning powers under this part shall compile its zoning ordinance and map, as amended, that is in effect so as to be able to provide any member of the public with a current zoning ordinance and map. In that county, the county legislative body shall authenticate, compile, update, keep, maintain and make available the zoning ordinance, map and all amendments as a public record. Any county zoning ordinance and map made available to the public through a compilation made pursuant to this section, whether in electronic or paper form, shall be presumed to be a true and accurate statement of the county's zoning ordinance and map.
- (b) Any party challenging the accuracy of any county zoning ordinance or map compiled as currently in effect in accordance with this section, whether in a rezoning proceeding before a county legislative body, an appeal to a board of zoning appeals, a subdivision or site plan approval proceeding before a planning commission or in any judicial proceeding, must prove the inaccuracy of the zoning ordinance or map by clear and convincing evidence.
Part 2 Municipal Zoning § 13-7-201. Grant of power. - (a)
- (1) For the purpose of promoting the public health, safety, morals, convenience, order, prosperity and general welfare, the board of aldermen, board of commissioners or other chief legislative body of any municipality by whatever title designated, and hereinafter designated as “chief legislative body”, is empowered, in accordance with the conditions and the procedure specified in this part and part 3 of this chapter, to regulate the location, height, bulk, number of stories and size of buildings and other structures, the percentage of the lot which may be occupied, the sizes of yards, courts and other open spaces, the density of population, and the uses of buildings, structures and land for trade, industry, residence, recreation, public activities and other purposes, and identify areas where there are inadequate or nonexistent publicly or privately owned and maintained services and facilities when the planning commission has determined the services are necessary in order for development to occur. Special districts or zones may be established in those areas deemed subject to seasonal or periodic flooding, and such regulations may be applied therein as will minimize danger to life and property, and as will secure to the citizens of Tennessee the eligibility for flood insurance under Public Law 1016, 84th Congress or subsequent related laws or regulations promulgated thereunder. Protection and encouragement of access to sunlight for solar energy systems may be considered in promulgating zoning regulations pursuant to this section. Quarrying shall be uniformly defined, for purposes of all municipal zoning regulations, as the extraction, removal and mechanized processing of stone, gravel, phosphate rock, metallic ore, limestone, marble, chert, sand, dimension stone and any other solid mineral or substance of commercial value, except coal and deep metal mining, including, but not limited to zinc, found in natural deposits in the earth, for barter or sale. The definition of quarrying shall not include the reuse of these minerals on the same site from which they are extracted. This definition shall have no effect on the exception contained in § 54-1-128. The removal of borrow material from a site and the placement of the same material on a project site without mechanized processing shall not be considered quarrying.
- (2)
- (A)
- (i) The transfer of development rights may be provided for in the promulgation of zoning regulations pursuant to this section. The creation, amendment or repeal of any regulations, districts or maps providing for the transfer of development rights shall be in compliance with §§ 13-7-203 and 13-7-204. The transfer of development rights shall not be subject to taxation pursuant to title 67, chapter 4 or 6; provided, that any instruments recorded in the county register's office as the result of the transfer of development rights shall be subject to the fees set out in § 8-21-1001. Any regulations authorizing the transfer of development rights shall provide that conveyances of development rights shall be in writing and shall be recorded in the office of the register of deeds and that whenever transferred development rights are allocated to any property, such allocation shall not become effective until the transferred development rights are noted in an instrument or on a plat and recorded in the office of the register of deeds.
- (ii) A town, city, county, a county with a metropolitan form of government, the state, or a not-for-profit conservation or preservation organization may be the receiving entity of a development right without allocating or designating the transferred development right to any receiving property under its ownership or control. A town, city, county, a county with a metropolitan form of government, the state or a not-for-profit conservation or preservation organization shall be allowed to receive all or part of the donating property's development rights notwithstanding any local zoning regulations pertaining to any required ratio or amount of land area a receiving property must contain in relation to the land area of the donating property or of the total amount of density that a receiving property may obtain from the donating property.
- (B) Subdivision (a)(2) shall be strictly construed with the specific intent to allow a local government to establish its own plan whereby the owners of property in a restrictive area (historical, agricultural, or environmental) can sell the development rights to a developer or another individual and only with the consent of the property owner and through negotiations of development rights in the free marketplace. A property owner may donate, through gift or through testamentary disposition, all or part of the development rights of the owner's property to a town, city, county, a county with a metropolitan form of government, the state, or a not-for-profit conservation or preservation organization. Any town, city, county, county with a metropolitan government, the state, or any not-for-profit conservation or preservation organization may purchase development rights from a property owner with the consent of the property owner and the purchase shall be through negotiations of the development rights in the free marketplace. Any town, city, county, county with a metropolitan government, the state, or any not-for-profit conservation or preservation organization may preserve the purchased or donated development rights unused for a definite or indefinite period of time and may at any time sell the development rights so held to a property owner in a designated receiving area with the purchase being one negotiated in the free marketplace. In order to accept a donation of development rights or for the purchase or sale of developments rights by a town, city, county, or county with a metropolitan government, the donation, purchase or sale must be approved by that government's legislative body.
- (C) It is the legislative intent that the provisions of this section relative to the transfer of development rights are permissive and not mandatory. Such rights shall only be transferred by contract and not by operation of law.
- (b) In any county having a population of not less than two hundred eighty-seven thousand seven hundred (287,700) nor greater than two hundred eighty-seven thousand eight hundred (287,800), according to the 1980 federal census or any subsequent federal census, the chief legislative body of any municipality is further authorized and empowered to rezone properties conditionally or based upon contract, where the agreed conditions are designed to ameliorate injuries created by the rezoning to surrounding property interests or to municipal interests.
- (c) In any county having a population of not less than eighty-five thousand eight hundred (85,800) nor greater than eighty-six thousand one hundred (86,100), according to the 1990 federal census or any subsequent federal census, any municipality may, by ordinance or amendment adopted by a two-thirds (⅔) vote of its legislative body, rezone properties conditionally or based upon contract, where the agreed conditions are designed to ameliorate injuries created by the rezoning to surrounding property interests or to municipal interests.
History (12)
- Acts 1935, ch. 44, § 1
- C. Supp. 1950, § 3407.1
- Acts 1957, ch. 306, § 1
- 1979, ch. 259, § 9
- T.C.A. (orig. ed.), § 13-701
- Acts 1984, ch. 952, § 1
- 1987, ch. 361, §§ 2, 4
- 2001, ch. 265, §§ 5-7
- 2001, ch. 409, § 1
- 2008, ch. 1150, § 14
- 2011, ch. 217, § 2
- 2012, ch. 755, § 2.
§ 13-7-202. Zoning plan. - Whenever the planning commission of the municipality makes and certifies to the chief legislative body a zoning plan, including both the full text of a zoning ordinance and the maps, representing the recommendations of the planning commission for the regulation by districts or zones of the location, height, bulk, number of stories and size of buildings and other structures, the percentage of the lot which may be occupied, the size of yards, courts and other open spaces, the density of population, and the uses of buildings, structures and land for trade, industry, residence, recreation, public activities and other purposes, and identify areas where there are inadequate or nonexistent publicly or privately owned and maintained services and facilities when the planning commission has determined the services are necessary in order for development to occur, then the chief legislative body may exercise the powers granted and for the purposes mentioned in § 13-7-201, and may divide the municipality into districts or zones of such number, shape and areas it may determine, and, for such purposes, may regulate the erection, construction, reconstruction, alteration and uses of buildings and structures and the uses of land.
History (4)
- Acts 1935, ch. 44, § 2
- C. Supp. 1950, § 3407.2
- T.C.A. (orig. ed.), § 13-702
- Acts 2008, ch. 1150, § 15.
§ 13-7-203. Hearing on ordinance or amendment — Notice — Publication — Procedure. - (a) Before enacting the zoning ordinance or any amendment thereof, the chief legislative body shall hold a public hearing thereon, at least twenty-one (21) calendar days' notice of the time and place of which shall be published in the official municipal journal or in a newspaper of general circulation in the municipality.
- (b) No change in or departure from the text or maps as certified by the planning commission shall be made, unless such change or departure be first submitted to the planning commission and approved by it, or, if disapproved, shall receive the favorable vote of a majority of the entire membership of the chief legislative body.
- (c) Notwithstanding the requirements of any municipality's charter to the contrary, the entire text of a comprehensive zoning ordinance need not be published in a newspaper. For those municipalities whose charters do require ordinances to be published in a newspaper, it shall be sufficient for the comprehensive zoning ordinance that its caption and a complete summary be published.
History (5)
- Acts 1935, ch. 44, § 3
- C. Supp. 1950, § 3407.3
- T.C.A. (orig. ed.), § 13-703
- Acts 1984, ch. 811, § 3
- 2024, ch. 701, § 3.
§ 13-7-204. Amendments to zoning ordinances. - The zoning ordinance, including the maps, may from time to time be amended; but no amendment shall become effective unless it is first submitted to and approved by the planning commission or, if disapproved, receives the favorable vote of a majority of the entire membership of the chief legislative body.
History (3)
- Acts 1935, ch. 44, § 4
- C. Supp. 1950, § 3407.4
- T.C.A. (orig. ed.), § 13-704.
§ 13-7-205. Board of appeals — Creation — Appointment of members — Terms — Rules governing organization —Training and continuing education. - (a)
- (1) The chief legislative body may create a board of zoning appeals of three (3), five (5), seven (7), or nine (9) members, may specify the mode of appointment of members of such board and their terms, which terms shall be of such length and so arranged that the term of one (1) member shall expire each year, or the chief legislative body may designate the planning commission of the municipality as the board of zoning appeals. The compensation of the members of the board shall be as affixed by the chief legislative body; provided, that in those counties having a metropolitan government the chief legislative body may create a board of three (3), five (5), seven (7), or nine (9) members, at least two (2) of whom shall be selected from minorities as well as members of the sex which historically have been under-represented on the board of zoning appeals, subject to this section. If a county with a metropolitan form of government having a population of not less than four hundred seventy thousand (470,000) nor more than five hundred thousand (500,000), according to the 1980 federal census or any subsequent federal census, creates a board of zoning appeals consisting of nine (9) members, at least two (2) of the members thereof shall be appointed consistent with this subsection (a).
- (2) In the county town of any county having a population of more than two hundred eighty thousand (280,000), according to the 1990 federal census or any subsequent federal census, the chief legislative body may create a board of zoning appeals of nine (9) members, and may specify the mode of appointment of members of such board and their terms. Such terms shall be of a length and so arranged that the term of one (1) member shall expire each year. This subdivision (a)(2) shall not apply to a county having a charter form of government or any county having a metropolitan form of government.
- (3) A municipality having a population of not less than thirty-two thousand eight hundred fifty (32,850) nor more than thirty-four thousand (34,000), according to the 1990 federal census or any subsequent federal census, may increase its board of zoning appeals from five (5) members to seven (7) members, with the terms of such members being arranged in accordance with this subsection (a).
- (b)
- (1) The chief legislative body may provide and specify, in its zoning or other ordinance, general rules to govern the organization and procedure and jurisdiction of the board of appeals, which rules shall not be inconsistent with this part and part 3 of this chapter, and the board of appeals may adopt supplemental rules of procedure, not inconsistent with this part and part 3 of this chapter or such general rules.
- (2) The supplemental rules of procedure may address, but shall not be limited to, the following:
- (A) Maintenance of a record of the board's resolutions, transactions, motions and actions, which shall be a public record;
- (B) Election from its membership of a chair and other officers as the board deems necessary; and
- (C) The inclusion of statements of reasons for the board's actions as part of each motion or action, including such findings of fact and statements of material evidence as the board may deem pertinent.
- (c)
- (1) Each board of zoning appeals member shall, within one (1) year of initial appointment and each calendar year thereafter, attend a minimum of four (4) hours of training and continuing education in one (1) or more of the subjects listed in subdivision (c)(5).
- (2) Each full-time or contract building commissioner or professional planner or other administrative official whose duties include advising the board of zoning appeals shall, each calendar year, attend a minimum of eight (8) hours of training and continuing education in one (1) or more of the subjects listed in subdivision (c)(5). A professional planner who is a member of the American Institute of Certified Planners (AICP) shall be exempt from this requirement.
- (3) Each of the individuals listed in subdivisions (c)(1) and (2) shall certify by December 31 of each calendar year such individual's attendance by a written statement filed with the secretary of such individual's respective board of zoning appeals. Each statement shall identify the date of each program attended, its subject matter, location, sponsors, and the time spent in each program.
- (4) The legislative body of the municipality shall be responsible for paying the training and continuing education course registration and travel expenses for each board of zoning appeals member and full-time building commissioner or other administrative official whose duties include advising the board of zoning appeals.
- (5) The subjects for the training and continuing education required by subdivisions (c)(1) and (2) shall include, but not be limited to, the following: land use planning; zoning; flood plain management; transportation; community facilities; ethics; public utilities; wireless telecommunications facilities; parliamentary procedure; public hearing procedure; land use law; natural resources and agricultural land conservation; economic development; housing; public buildings; land subdivision; and powers and duties of the board of zoning appeals. Other topics reasonably related to the duties of the board of zoning appeals and the building commissioner or other administrative officials whose duties include advising the board of zoning appeals may be approved by majority vote of the board of zoning appeals prior to December 31 of the year for which credit is sought.
- (6) Each local board of zoning appeals shall keep in its official public record originals of all statements and the written documentation of attendance required to comply with these provisions for three (3) years after the calendar year in which each statement and appurtenant written documentation is filed.
- (7) Each board of zoning appeals member and each building commissioner or other administrative official whose duties include advising the board of zoning appeals shall be responsible for obtaining written documentation signed by a representative of the sponsor of any training and continuing education course for which credit is claimed, acknowledging the fact that the individual attended the program for which credit is claimed.
- (8) If a board of zoning appeals member fails to complete the requisite number of hours of training and continuing education within the time allotted by this subsection (c) or fails to file the statement required by this subsection (c), then this shall constitute a cause for the removal of the board of zoning appeals member from the board of zoning appeals.
- (9) The legislative body of the municipality may, at any time, opt out of this subsection (c) by passage of an ordinance. Further any such legislative body that has opted out may, at a later date, opt in by passage of an ordinance.
History (11)
- Acts 1935, ch. 44, § 5
- C. Supp. 1950, § 3407.5
- Acts 1979, ch. 324, § 1
- T.C.A. (orig. ed.), § 13-705
- Acts 1988, ch. 845, §§ 1, 2
- 1998, ch. 721, § 1
- 1999, ch. 78, § 1
- 2002, ch. 862, § 6
- 2009, ch. 47, § 11
- 2011, ch. 279, § 2
- 2016, ch. 693, § 2.
§ 13-7-206. Jurisdiction of board — Parties to appeals. - (a) The zoning ordinance may provide that the board of appeals may, in appropriate cases and subject to the principles, standards, rules, conditions and safeguards set forth in the ordinance, make special exceptions to the terms of the zoning regulations in harmony with their general purpose and intent. The chief legislative body may also authorize the board of appeals to interpret the zoning maps and pass upon disputed questions of lot lines or district boundary lines or similar questions as they arise in the administration of the zoning regulations.
- (b) Appeals to the board of appeals may be taken by any person aggrieved or by any officer, department, board or bureau of the municipality affected by any grant or refusal of a building permit or other act or decision of the building commissioner of the municipality or other administrative official based in whole or part upon this ordinance enacted under this part and part 3 of this chapter.
History (3)
- Acts 1935, ch. 44, § 5
- C. Supp. 1950, § 3407.5
- T.C.A. (orig. ed.), § 13-706.
§ 13-7-207. Powers of board of appeals. - The board of appeals has the power to:
- (1) Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, permit, decision, or refusal made by the municipal building commissioner or any other administrative official in the carrying out or enforcement of any provision of any ordinance enacted pursuant to this part and part 3 of this chapter;
- (2) Hear and decide, in accordance with any such ordinance, requests for special exceptions or for interpretation of the map or for decisions upon other special questions upon which such board is authorized by any such ordinance to pass; and
- (3) Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of the enactment of the zoning regulation, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation enacted under this part and part 3 of this chapter would result in peculiar and exceptional practical difficulties to or exception or undue hardship upon the owner of such property, authorize, upon an appeal relating to the property, a variance from such strict application so as to relieve such difficulties or hardship; provided, that such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the zone plan and zoning ordinance.
History (3)
- Acts 1935, ch. 44, § 5
- C. Supp. 1950, § 3407.5
- T.C.A. (orig. ed.), § 13-707.
§ 13-7-208. Enforcement of ordinances — Remedies — Applicability of provisions. - (a)
- (1) The chief legislative body may provide for the enforcement of any ordinance enacted under this part and part 3 of this chapter. A violation of any such ordinance is a Class C misdemeanor.
- (2) In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is or is proposed to be used in violation of any ordinance enacted under this part and part 3 of this chapter, the building commissioner, municipal counsel or other appropriate authority of the municipality, or any adjacent or neighboring property owner who would be specially damaged by such violation, may, in addition to other remedies, institute injunction, mandamus or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, or to correct or abate such violation, or to prevent the occupancy of the building, structure or land.
- (b)
- (1) In the event that a zoning change occurs in any land area where such land area was not previously covered by any zoning restrictions of any governmental agency of this state or its political subdivisions, or where such land area is covered by zoning restrictions of a governmental agency of this state or its political subdivisions, and such zoning restrictions differ from zoning restrictions imposed after the zoning change, then any industrial, commercial or business establishment in operation, permitted to operate under zoning regulations or exceptions thereto prior to the zoning change shall be allowed to continue in operation and be permitted; provided, that no change in the use of the land is undertaken by such industry or business.
- (2) When the use permitted to continue to expand, or to be rebuilt pursuant to any subsection of this section is an off-premises sign, such use shall not preclude any new or additional conforming use or structure on the property on which the sign structure is located or on any adjacent property under the same ownership; provided, however, that any such new or additional use or structure does not result in any violations of the applicable zoning restrictions other than those nonconformities associated with the off-premises sign as allowed under this subdivision (b)(2).
- (c) Industrial, commercial or other business establishments in operation and permitted to operate under zoning regulations or exceptions thereto in effect immediately preceding a change in zoning shall be allowed to expand operations and construct additional facilities which involve an actual continuance and expansion of the activities of the industry or business which were permitted and being conducted prior to the change in zoning; provided, that there is a reasonable amount of space for such expansion on the property owned by such industry or business situated within the area which is affected by the change in zoning, so as to avoid nuisances to adjoining landowners. No building permit or like permission for construction or landscaping shall be denied to an industry or business seeking to expand and continue activities conducted by that industry or business which were permitted prior to the change in zoning; provided, that there is a reasonable amount of space for such expansion on the property owned by such industry or business situated within the area which is affected by the change in zoning, so as to avoid nuisances to adjoining landowners.
- (d)
- (1) Industrial, commercial, or other business establishments in operation and permitted to operate under zoning regulations or exceptions thereto immediately preceding a change in zoning shall be allowed to destroy present facilities and reconstruct new facilities necessary to the conduct of such industry or business subsequent to the zoning change; provided, that no destruction and rebuilding shall occur which shall act to change the use classification of the land as classified under any zoning regulations or exceptions thereto in effect immediately prior to or subsequent to a change in the zoning of the land area on which such industry or business is located. No building permit or like permission for demolition, construction or landscaping shall be denied to an industry or business seeking to destroy and reconstruct facilities necessary to the continued conduct of the activities of that industry or business, where such conduct was permitted prior to a change in zoning; provided, that there is a reasonable amount of space for such expansion on the property owned by such industry or business situated within the area which is affected by the change in zoning, so as to avoid nuisances to adjoining landowners.
- (2)
- (A) Multifamily residential establishments, whether used as owner-occupied property or rental property, which were permitted to operate under zoning regulations or exceptions thereto immediately preceding a change in zoning shall be allowed to reconstruct new facilities necessary to the conduct of such multifamily residential establishment subsequent to the zoning change, in the event of damage, whether partial or complete, by involuntary fire or wind damage or other natural disaster.
- (B) If any such new facilities exceed the original height, density, setback, or square-footage of the original facilities in existence immediately prior to the damage, then the new facilities shall constitute a change in the use of the land, and any protections provided hereunder shall be forfeited.
- (C) If any such new facilities do not exceed the original height, density, setback, or square-footage of the original facilities in existence immediately prior to the damage, then the new facilities shall constitute a continuation of the use of the land immediately prior to the damage, and any protections provided hereunder shall not be forfeited.
- (D) Whenever any ordinance enacted under authority of this chapter establishes stricter terms regarding the amount of partial damage that may be allowed without forfeiture of these protections, then any such ordinance shall govern.
- (E) New facilities shall comply with all architectural design standards required under current zoning regulations and be consistent with the architectural context of the immediate and adjacent block faces.
- (e) Subsections (b)-(d) apply only to land owned and in use by such affected business, and do not operate to permit expansion of an existing industry or business through the acquisition of additional land.
- (f) Subsections (b)-(e) do not apply to any municipality defined as a premiere type tourist resort according to § 67-6-103(a)(3)(B).
- (g) Except as provided in subsection (l), subsections (b)-(d) shall not apply if an industrial, commercial, or other business establishment ceases to operate for a period of thirty (30) continuous months and the industrial, commercial, or other business use of the property did not conform with the land use classification as denoted in the existing zoning regulations for the zoning district in which it is located. Anytime after the thirty-month cessation, any use proposed to be established on the site, including any existing or proposed on-site sign, must conform to the provisions of the existing zoning regulations. For the purposes of this subsection (g), the thirty-month period of continuous ceased operation shall be tolled by:
- (1) The period in which an industrial, commercial, or other business establishment is party to any action in a court of competent jurisdiction regarding the use of the property until such time that a final settlement, order, decree, or judgment has been rendered;
- (2) Any period in which a facility is being constructed, reconstructed, renovated, or refurbished, provided that all necessary building permits were obtained within thirty (30) months of cessation of continuous use;
- (3) The filing of an application for a building permit for the alteration, renovation or reconstruction of a structure which is nonconforming or of a structure in which or out of which a nonconforming industrial, commercial or other business use operates or is located; or
- (4) The reactivation of the nonconforming use any time prior to the end of the thirty-month period; provided, however, that the restrictions of this subsection (g) and subsection (i) shall only apply if the property owner intentionally and voluntarily abandons the nonconforming use of the property. In any contested matter on the use of such property, the government has the burden of proving an overt act of abandonment in such matter.
- (h) Subsections (b)-(d) shall apply to an off-site sign which, for the purposes of this subsection (h), means any sign that advertises or gives direction to any business, product, service, attraction, or any other purpose or interest, other than the industrial, commercial or other business establishment located on the site where the sign is located; provided, however, that any expansion shall be limited as follows:
- (1) Any off-site sign smaller than a standard 8-sheet poster which, for the purposes of this subsection (h), means an off-site sign with overall dimensions of at least five feet four inches (5′ 4″) to six feet two inches (6′ 2″) in height and eleven feet four inches (11′ 4″) to twelve feet two inches (12′ 2″) in width shall not be expanded to a size greater than a standard 8-sheet poster;
- (2) Any standard 8-sheet poster shall not be expanded to a size greater than a 30-sheet poster which, for the purposes of this subsection (h), means an off-site sign with overall dimensions of twelve feet three inches (12′ 3″) in height and twenty-four feet six inches (24′ 6″) in width;
- (3) Any standard 30-sheet poster shall not be expanded to a size greater than any standard bulletin which, for the purposes of this subsection (h), means any off-site sign with overall dimensions of ten feet (10′) to fourteen feet (14′) in height and thirty-six feet (36′) to forty-eight feet (48′) in width;
- (4) Any standard bulletin shall not be expanded to a size greater than any super bulletin which, for the purposes of this subsection (h), means any off-site sign with overall dimensions of sixteen feet (16′) to twenty feet (20′) in height and sixty feet (60′) in width;
- (5) Any super bulletin shall not be expanded;
- (6) Any off-site sign with a height larger than standard 8-sheet poster height or width larger than standard 8-sheet poster width but not meeting the definition of a standard 8-sheet poster, a standard 30-sheet poster, a standard bulletin, or a standard super bulletin shall not be expanded by more than one hundred percent (100%) of its surface area; or
- (7) Any operation, rebuilding, or expansion of an off-site sign that has been in existence for ten (10) years or more shall not be denied solely on the basis that the original permit for the sign does not exist to prove that it was a lawful use when constructed.
- (i) Notwithstanding subsection (d), any structure rebuilt on the site must conform to the existing zoning regulations as to setbacks, height, bulk, or requirements as to the physical location of a structure upon the site, provided that this subsection (i) shall not apply to off-site signs.
- (j) Subsections (g), (h) and (i) do not apply to any home rule municipality; provided, however, that subject to the approval of the local legislative body, a home rule municipality may opt into these subsections.
- (k) Notwithstanding subsections (a)-(i), subsection (g) shall not apply to any industrial establishment location where twenty-five percent (25%) or more of the gross annual sales from such location are derived from sales to or contracts with local, state or federal governments or as a subcontractor to contracts with local, state or federal governments, or to any industrial establishment location where seventy-five percent (75%) or more of the gross annual sales from the location are made to agriculture or construction businesses.
- (l)
- (1) As used in this subsection (l):
- (A) “Block” means a unit of land bounded by streets or by a combination of streets and public land, railroad rights-of-way, waterways or any other barrier to the continuity of development; and
- (B) “Motor vehicle business establishment” means a business establishment that sells operable motor vehicles and all the motor vehicles have been previously titled, excluding any franchised retail motor vehicle dealership located on property that is principally used for the marketing and display of new motor vehicles, whether by sale, rental, lease or other commercial or financial means that is primarily housed in a structure and characterized by a mixture of the following secondary supporting uses:
- (i) An inventory of new or used motor vehicles in operating condition for sale or lease either on the same parcel or at a location affiliated with a franchised retail motor vehicle dealership; and
- (ii) On-site facilities for the repair and service of motor vehicles previously sold, rented or leased by the retail motor vehicle dealership.
- (2) In any municipality having a metropolitan form of government and a population of over five hundred thousand (500,000), according to the 2000 federal census or any subsequent federal census, any nonconforming motor vehicle business establishment may be terminated after notice and a hearing before the board of zoning appeals upon a finding that all of the following have been established in the record before the board of zoning appeals:
- (A) Another motor vehicle business establishment is located within the one thousand feet (1,000′) of the nonconforming motor vehicle business establishment, in the same block as the nonconforming motor vehicle business establishment, or in the block across a public street or road from the block in which the nonconforming motor vehicle business establishment is located;
- (B) The parcel on which the nonconforming motor vehicle business establishment is located has less than two hundred fifty feet (250′) of frontage on any public street or road, excluding any portion of the frontage not owned or leased by the licensed operator of the nonconforming motor vehicle business establishment; and
- (C) At least ten percent (10%) of the inventory of the nonconforming motor vehicle business establishment at any point in time consists of motor vehicles titled pursuant to title 55, chapter 3, part 2, including, but not limited to, vehicles with salvage titles, flood titles, rebuilt titles, or nonrepairable vehicle certificates. The operator of the nonconforming motor vehicle business establishment shall make the titles for all of the vehicles located on the premises of the nonconforming motor vehicle business establishment immediately available upon request of a local zoning inspection official, or produce the original titles at the office of the local zoning inspection official within three (3) business days of the request by the local zoning inspection official. The failure of the nonconforming motor vehicle business establishment to make the titles for the vehicles located on the premises of the nonconforming motor vehicle business establishment available to the local zoning inspection official in accordance with this subsection (l) shall create a rebuttable presumption that at least ten percent (10%) of the inventory of the nonconforming motor vehicle business establishment consists of the motor vehicles titled pursuant to title 55, chapter 3, part 2.
- (3) All other industrial, commercial or other business establishments in any municipality with a metropolitan form of government and a population of over five hundred thousand (500,000), according to the 2000 federal census or any subsequent federal census, shall be entitled to operate pursuant to subsection (g).
- (m)
- (1) If any land area becomes subject to land use restrictions imposed pursuant to a redevelopment plan undertaken by any governmental agency of this state or of its political subdivisions pursuant to chapter 20, part 2 or part 7 of this title, or if the land area is subject to land use restrictions that are amended by any governmental agency of this state or of its political subdivisions pursuant to chapter 20, part 2 or part 7 of this title, and if the land use restrictions differ from the land use restrictions contained in the amended land use restrictions, then any industrial, commercial, or other business establishment in operation and permitted to operate prior to the initial adoption of the land use restrictions or an amendment thereto, shall be allowed to continue in operation and shall be permitted; provided, that no change in the use of the land is undertaken by the industrial, commercial, or business establishment.
- (2) Immediately preceding an initial adoption of the land use restrictions or an amendment of the restrictions, industrial, commercial, and other business establishments in operation and permitted to operate under land use restrictions imposed pursuant to a redevelopment plan undertaken by any governmental agency of this state or of its political subdivisions pursuant to chapter 20, part 2 or part 7 of this title, shall be allowed to replace facilities necessary to conduct the industry or business if the facilities are acquired by a governmental entity pursuant to the power of eminent domain, or under threat of the exercise of the power of eminent domain, or replace facilities required to be relocated as the result of the acquisition of property by a governmental entity pursuant to the power of eminent domain, or under threat of the exercise of the power of eminent domain, or to rebuild facilities if they are damaged by unplanned casualty or act of God; provided, that:
- (A) The replacement facilities shall not be larger in size than the facilities in existence prior to the acquisition, relocation, or damage caused by unplanned casualty or act of God;
- (B) The construction of the replacement facilities shall commence within thirty (30) months of the date of the taking or acquisition under threat of the exercise of the power of eminent domain or the date of the damage caused by unplanned casualty or act of God; and
- (C) There is a reasonable amount of space for the replacement facilities on the property owned by the industry or business situated within the area that is affected by the adoption of the land use restrictions or an amendment of the restrictions, so as to avoid nuisances to adjoining landowners.
- (3) Subdivision (m)(2) applies only to land owned and in use by the affected industrial, commercial, or other business establishment prior to acquisition or relocation resulting from the exercise of the power of eminent domain, or the threat of the exercise of the power of eminent domain, or the damage to facilities caused by unplanned casualty or act of God, and does not operate to permit the replacement of facilities necessary to the conduct of the industry or business through the acquisition of additional land.
- (4) Subdivisions (m)(2) and (3) apply only to any acquisition or relocation of facilities within an area subject to land use restrictions imposed pursuant to a redevelopment plan undertaken on or after July 1, 2015, by any governmental agency of this state or of its political subdivisions pursuant to chapter 20, part 2 or part 7 of this title, or to damage to facilities caused by casualty or act of God occurring on or after July 1, 2015, regardless of the redevelopment plan's date of enactment.
History (13)
- Acts 1935, ch. 44, § 6
- C. Supp. 1950, § 3407.6
- Acts 1973, ch. 279, § 1
- T.C.A. (orig. ed.), § 13-708
- Acts 1988, ch. 539, § 1
- 1989, ch. 591, § 113
- 2004, ch. 730, § 1
- 2004, ch. 775, § 1
- 2007, ch. 141, §§ 1, 2
- 2008, ch. 1091, § 1
- 2010, ch. 936, § 1
- 2015, ch. 474, §§ 1, 2
- 2018, ch. 940, §§ 1, 2.
§ 13-7-209. Conflict with other laws. - Whenever the regulations made under authority of this part and part 3 of this chapter require a greater width or size of yards, courts or other open spaces, or require a lower height of buildings or less number of stories, or require a greater percentage of lot to be left unoccupied, or imposed other higher standards than are required in any other statute, the regulations made under authority of this part and part 3 of this chapter shall govern. Wherever any other statute require a greater width or size of yards, courts or other open spaces or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required by the regulations made under authority of this part and part 3 of this chapter, such statute shall govern.
History (3)
- Acts 1935, ch. 44, § 7
- C. Supp. 1950, § 3407.7
- T.C.A. (orig. ed.), § 13-709.
§ 13-7-210. Zoning under special acts not affected. - Nothing contained in this part and part 3 of this chapter shall be deemed to supplant or modify the provisions of any special or private act relating to the zoning or zoning powers of any municipality referred to in such special or private act, and all the provisions of such special or private act shall remain in full force and effect, but insofar as this part and part 3 of this chapter are not inconsistent with the provisions of such special or private act, this part and part 3 of this chapter shall apply to the zoning powers and procedure of such municipality.
History (3)
- Acts 1935, ch. 44, § 8
- C. Supp. 1950, § 3407.8
- T.C.A. (orig. ed.), § 13-710.
§ 13-7-211. Certificate of insurance or workers' compensation policy required for issuance of building permit — Return of certificate or policy — Exemptions — Liability — Violations. - (a) No building permit shall be issued until the municipal office which issues such permits receives a copy of either a certificate of insurance or a workers' compensation policy as evidence of the existence of workers' compensation insurance.
- (b) The municipal office shall keep on file such copy of either the certificate of insurance or of the workers' compensation policy for the life of the permit. After the building permit has expired, the municipal office shall return by mail the copy of the certificate of insurance or the workers' compensation policy within ten (10) working days to the person who obtained the permit.
- (c)
- (1) This section does not apply to those persons who are not required by title 50, chapter 6, to obtain workers' compensation coverage, to any person who performs work on such person's own property in such person's own county of residence, or to any person who directly supervises work on such person's own property in such person's own county of residence.
- (2) Persons not required to present evidence of compliance with §§ 50-6-405 and 50-6-406 pursuant to this subsection (c) shall present or sign an affidavit which attests to their exemption from this section. A person authorized to issue building permits who issues a building permit to a person exempted from this section shall keep on file for the life of the permit such affidavit of exemption.
- (d) A person authorized to issue building permits, who in good faith accepts an affidavit of exemption, a copy of the certificate of insurance, or a copy of the workers' compensation policy, shall not be liable in any criminal or civil action alleging the person obtaining the building permit was subject to §§ 50-6-405 and 50-6-406 and such person did not in fact have workers' compensation coverage. Compliance with this section shall be a rebuttable presumption that the person authorized to issue building permits acted in good faith.
- (e) A violation of this section is a Class C misdemeanor.
History (3)
- Acts 1993, ch. 520, § 2
- 1999, ch. 520, § 34
- 2003, ch. 359, § 12.
§ 13-7-212. Compiling of effective zoning ordinance and map — Zoning ordinance and map as public record — Challenge to accuracy. - (a) Any municipality that has exercised zoning powers under this part shall compile its zoning ordinance and map, as amended, that is in effect so as to be able to provide any member of the public with a current zoning ordinance and map. In that municipality, the municipal legislative body shall authenticate, compile, update, keep, maintain and make available the zoning ordinance, map and all amendments as a public record. Any municipal zoning ordinance and map made available to the public through a compilation made pursuant to this section, whether in electronic or paper form, shall be presumed to be a true and accurate statement of the municipality's zoning ordinance and map.
- (b) Any party challenging the accuracy of any municipal zoning ordinance or map compiled or codified as currently in effect in accordance with this section, whether in a rezoning proceeding before a municipal governing body, an appeal to a board of zoning appeals, a subdivision or site plan approval proceeding before a planning commission or in any judicial proceeding, must prove the inaccuracy of the zoning ordinance or map by clear and convincing evidence.
Part 3 Municipal Zoning Outside Boundaries § 13-7-301. Prerequisites to plan or ordinance requiring subdivider to install curbs, gutters or sidewalks — Exceptions. - Notwithstanding this part and part 2 of this chapter to the contrary, no municipality or regional planning commission shall adopt any plan, ordinance or rule which would require a subdivider, whose proposed subdivision is outside the corporate limits of any municipality located within the regional planning district, to install curbs, gutters, or sidewalks, unless both public water and sewage systems are to be made available within eighteen (18) months after the subdivider requests approval of the subdivider's plan of subdivision. This section shall not apply to counties having the following populations according to the 1970 federal census or any subsequent federal census:
-
-
- 276,000277,000
- 700,000800,000
-
- or to counties with a metropolitan form of government.
History (2)
- Acts 1978, ch. 942, §§ 1, 2
- T.C.A., § 13-717.
§ 13-7-302. Establishment of zones or districts outside municipality. - Power is hereby granted to the chief legislative body of any municipality to establish by ordinance zones or districts in territory adjoining but outside of such municipality and lying within planning regions in which the municipal planning commission has been designated as the regional planning commission under § 13-3-102, and in which territory the county has no zoning already in force; provided, that prior to final enactment of such ordinance, six (6) months' notice of intent shall have been filed with the county mayor of the county or counties within which the municipality and/or region lies. Within such zones or districts, the municipality may, by ordinance regulate the location, height, bulk, number of stories and size of buildings and other structures, the percentage of lot occupancy, the required open spaces, the density of population and the uses of land, buildings, and structures.
History (4)
- Acts 1959, ch. 217, § 1
- impl. am. Acts 1978, ch. 934, §§ 16, 36
- T.C.A., § 13-711
- Acts 2003, ch. 90, § 2.
§ 13-7-303. Notice of intent to adopt ordinance — Zoning plans — Public hearing — Notice by publication. - Before adopting the regional ordinance covering territory outside the municipality and which is not then zoned by the county, the county mayor shall be given at least six (6) months' notice of the interest and intent of the municipality to adopt such ordinance. A letter signed jointly by the mayor of such municipality and the chair of the regional planning commission and delivered to the county mayor by registered or certified mail shall be considered sufficient notice. Upon preparation of the zoning plan by the regional planning commission and certification of same to the chief legislative body of the municipality, the chief legislative body shall hold a public hearing thereon, at least twenty-one (21) calendar days' notice of the time and place of which shall be published in the official municipal journal or in a newspaper of general circulation in the affected region.
History (5)
- Acts 1959, ch. 217, § 2
- impl. am. Acts 1978, ch. 934, §§ 16, 36
- T.C.A., § 13-712
- Acts 2003, ch. 90, § 2
- 2024, ch. 701, § 4.
§ 13-7-304. Board of appeals — Creation — Members, appointment — Terms. - In adopting the regional zoning ordinance, the chief legislative body of the municipality shall create a board of zoning appeals consisting of three (3) or five (5) members, a majority of whom shall be residents of the territory subject to the regional zoning provisions, and who shall be appointed for terms of such length and so arranged that the term of one (1) member shall expire each year.
History (2)
- Acts 1959, ch. 217, § 3
- T.C.A., § 13-713.
§ 13-7-305. Application of part 2 of this chapter. - The terms of the municipal zoning regulations as appearing in part 2 of this chapter shall apply except as specifically otherwise provided in this part.
History (2)
- Acts 1959, ch. 217, § 4
- T.C.A., § 13-714.
§ 13-7-306. Effect of adoption of county zoning. - In any county in which regional zoning has been adopted under this part, whenever the county legislative body adopts county zoning to cover at least such regional area and has provided for the administration and enforcement thereof, then and thereby the zoning provided for such regional area under this part is automatically superseded and repealed.
History (6)
- Acts 1959, ch. 217, § 5
- 1963, ch. 374, § 1
- 1967, ch. 11, § 1
- 1970, ch. 535, § 1
- impl. am. Acts 1978, ch. 934, §§ 7, 36
- T.C.A., § 13-715.
Part 4 Historic Zoning § 13-7-401. Purposes. - The purpose of this part is to promote the educational, cultural, and economic welfare of the people of the state by enabling municipalities and counties to preserve and protect historic structures, areas and districts which serve as visible reminders of the history and cultural heritage of the state and the United States. Furthermore, it is the purpose of this part to strengthen the economy of the state and of the adopting governmental entities by stabilizing and improving the property values in historic areas, by encouraging rehabilitation and new construction and development that will be harmonious with the historic structures, areas and districts, and by preserving and rehabilitating buildings which are of significance to historic districts.
History (5)
- Acts 1965, ch. 222, §§ 1, 2
- T.C.A. (orig. ed.), § 13-416
- T.C.A., § 13-716
- modified
- Acts 1982, ch. 814, § 1.
§ 13-7-402. Historic zones established. - (a) In order to accomplish the purpose of this part, the legislative body of any county or municipality is empowered to establish special historic districts or zones, and to regulate the construction, repair, alteration, rehabilitation, relocation and demolition of any building or other structure which is located or is proposed to be located within the boundaries of any historic district or zone, in accordance with the conditions and procedures specified in this part.
- (b) A historic district or zone may be superimposed on other districts or zones, including the zoning maps, established by any other zoning ordinance or regulation, whether established before or after the establishment of a historic district or zone.
- (c) The permitted or prohibited property uses, the zoning procedures and other regulations otherwise applicable within a historic district or zone under any other zoning ordinance or regulation shall apply to a historic district or zone, except when in conflict with this part or any ordinance or regulation adopted pursuant to this part, but in the event of such conflict, this part and any ordinance or regulation adopted pursuant to this part shall control.
History (3)
- Acts 1982, ch. 814, § 1
- 1987, ch. 361, §§ 3, 4
- 2004, ch. 632, § 1.
§ 13-7-403. Historic zoning commission — Regional historic zoning commissions. - (a)
- (1) The local legislative body shall create a historic zoning commission of no less than five (5) and no more than nine (9) members which shall consist of a representative of a local patriotic or historical organization; an architect, if available; a person who is a member of the local planning commission at the time of such person's appointment; and the remainder shall be from the community in general. The historic zoning commission shall be appointed by the chief executive of the county or municipality, subject to confirmation by the local legislative body. The terms of members of the historic zoning commission shall be five (5) years, except that the members appointed initially shall be appointed for staggered terms so that the terms of at least one (1) member but not more than two (2) members shall expire each year. All members shall serve without compensation. The commission may adopt rules and regulations consistent with this part.
- (2) [Deleted by 2023 amendment.]
- (3) [Deleted by 2023 amendment.]
- (b)
- (1) In any area of the state served by a regional planning commission created pursuant to chapter 3 of this title, the local legislative bodies of the region served by such commission may create a regional historic zoning commission. The regional historic zoning commission shall have no less than five (5) and no more than nine (9) members which shall consist of a representative of a local patriotic or historical organization; an architect, if available; a person who is a member of the regional planning commission, at the time of such person's appointment; one (1) member from each legislative body in the area served by the regional planning commission; and the remainder shall be from the community in general. An equal number of representatives shall be appointed by the chief executive of each county and/or municipality served by the regional planning commission, subject to the confirmation by the legislative body, except that the regional planning commission shall nominate the member of that commission who shall serve on the regional historic zoning commission and that member shall be confirmed by the legislative bodies of all the counties and/or municipalities within the area served by the regional planning commission. The terms of members of the regional historic zoning commission shall be five (5) years, except that members appointed initially shall be appointed for staggered terms so that the terms of at least one (1) member, but no more than two (2) members, shall expire each year. The term of the member nominated from the regional planning commission shall be concurrent with the term on the regional planning commission, and the term of members from the local legislative body shall be concurrent with the terms on the local legislative body. All members shall serve without compensation. The commission may adopt rules and regulations consistent with this part.
- (2) This subsection (b) shall not apply in any county having a metropolitan form of government and having a population of not less than four hundred thousand (400,000) nor more than five hundred thousand (500,000), according to the 1980 federal census or any subsequent federal census.
History (4)
- Acts 1982, ch. 814, § 1
- 1987, ch. 40, §§ 1, 7
- 2022, ch. 796, § 1
- 2023, ch. 175, § 1.
§ 13-7-404. “Historic district or zone” defined. - Historic districts or zones may be established by a county or municipal legislative body, either as a part of a new zoning ordinance or as an amendment to existing ordinances. For the purpose of this part, “historic district or zone” is defined as a geographically definable area which possesses a significant individual structure or a concentration, linkage or continuity of sites, buildings, structures or objects which are united by past events or aesthetically by plan or physical development, and which meets one (1) or more of the following criteria:
- (1) It is associated with an event which has made a significant contribution to local, state, or national history;
- (2) It includes structures associated with the lives of persons significant in local, state, or national history;
- (3) It contains structures or groups of structures which embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction;
- (4) It has yielded or may be likely to yield archaeological information important in history or prehistory; or
- (5) It is listed in the National Register of Historic Places.
History (2)
- Acts 1982, ch. 814, § 1
- 1989, ch. 422, § 1.
§ 13-7-405. Recommendations concerning creation of historic districts or zones. - (a) The historic zoning commission has the authority to submit recommendations to the county or municipal legislative body regarding the creation of historic districts and zones in accordance with the definition set forth in this part. Prior to establishing a historic district or zone, the county or municipal legislative body shall refer any historic district or zone proposal to the historic zoning commission for its recommendations, and the historic zoning commission shall furnish the legislative body its recommendations on such proposal in writing.
- (b)
- (1) The regional historic zoning commission has the authority to submit recommendations to any county or municipal legislative body within the area served by the regional historic zoning commission regarding the creation of historic districts and zones in accordance with the definition set forth in this part. Prior to establishing a historic district or zone, the county or municipal legislative body of the area in which the establishment of the zone or district is being considered shall refer any historic district or zone proposal to the regional historic zoning commission for its recommendations, and the regional historic zoning commission shall furnish the legislative body its recommendations on such proposal in writing. In addition, the recommendation of the regional historic zoning commission shall be referred to the regional planning commission which shall consider the district or zone and refer its recommendation regarding the proposed district or zone to the legislative body in writing.
- (2) This subsection (b) shall not apply in any county having a metropolitan form of government and having a population of not less than four hundred thousand (400,000) nor more than five hundred thousand (500,000), according to the 1980 federal census or any subsequent federal census.
History (2)
- Acts 1982, ch. 814, § 1
- 1987, ch. 40, §§ 2, 7.
§ 13-7-406. Review guidelines — Public hearing — Notice. - Prior to the establishment of any historic district or zone, the historic zoning commission or the regional historic zoning commission also shall adopt for each such proposed district or zone a set of review guidelines, which it will apply in ruling upon the granting or denial of a certificate of appropriateness as provided for in this part. Such review guidelines shall be consistent with the purposes of this part and with regulations and standards adopted by the secretary of the interior pursuant to the National Historic Preservation Act of 1966 (16 U.S.C. § 470 et seq.), applicable to the construction, alteration, rehabilitation, relocation or demolition of any building, structure or other improvement situated within a historic district which has been certified by the secretary of the interior as a registered historic district. Reasonable public notice and opportunity for public comment, by public hearing or otherwise, shall be required before the historic zoning commission or the regional historic zoning commission adopts any such review guidelines.
History (3)
- Acts 1982, ch. 814, § 1
- 1987, ch. 40, § 3
- 1989, ch. 422, § 2.
§ 13-7-407. Applications for permits for construction in historic zones — Certificates of appropriateness. - (a) All applications for permits for construction, alteration, repair, rehabilitation, relocation or demolition of any building, structure or other improvement to real estate situated within a historic zone or district shall be referred to the historic zoning commission or the regional historic zoning commission, which shall have broad powers to request detailed construction plans and related data pertinent to thorough review of the proposal. The historic zoning commission or the regional historic zoning commission may also be authorized to review the construction, alteration, rehabilitation, relocation or demolition of any building, structure or other improvement on real property, whether privately or publicly owned, which is situated in a historic district or zone, and for which a permit is not required. No construction, alteration, repair, rehabilitation, relocation or demolition of any building, structure or other improvement to real property situated within a historic district or zone, for which the historic zoning commission or the regional historic zoning commission has been granted the authority to review and to grant or deny a certificate of appropriateness, shall be performed without the issuance of a certificate of appropriateness.
- (b) The governing board of any municipality may enact an ordinance to prevent the demolition by neglect of any designated landmark or any building or structure within an established historic zone or district. Such ordinance shall provide appropriate safeguards to protect property owners from undue economic hardship.
History (3)
- Acts 1982, ch. 814, § 1
- 1987, ch. 40, § 4
- 1991, ch. 309, § 1.
§ 13-7-408. Issuance or denial of certificate of appropriateness — Guidelines. - The historic zoning commission or the regional historic zoning commission shall, within thirty (30) days following the availability of sufficient data, grant a certificate of appropriateness with or without attached conditions or deny the certificate, and shall state the grounds for denial in writing. In its review of any such work to be undertaken in a historic district or zone, the historic zoning commission or the regional historic zoning commission shall apply the applicable review guidelines and give prime consideration to:
- (1) Historic or architectural value of the present structure;
- (2) The relationship of the exterior architectural features of such structure to the rest of the structures, to the surrounding area, and to the character of the district;
- (3) The general compatibility of exterior design, arrangement, texture, and materials proposed to be used; and
- (4) Any other factor, including aesthetic, which is reasonably related to the purposes of this part.
History (2)
- Acts 1982, ch. 814, § 1
- 1987, ch. 40, § 5.
§ 13-7-409. Appeals. - Anyone who may be aggrieved by any final order or judgment of the historic zoning commission or regional historic zoning commission may have such order or judgment reviewed by the courts by the procedure of statutory certiorari, as provided in title 27, chapter 8.
History (2)
- Acts 1982, ch. 814, § 1
- 1987, ch. 40, § 6.
§ 13-7-410. Applicability of part relative to regional historic zoning commissioners. - The provisions of this part relative to “regional historic zoning commissioners” shall not apply in any county having a metropolitan form of government and having a population of not less than four hundred thousand (400,000) nor more than five hundred thousand (500,000), according to the 1980 federal census or any subsequent federal census.
Part 5 Temporary Family Healthcare Structures § 13-7-501. Part definitions. - For purposes of this part:
- (1) “Caregiver” means an adult who provides care for a mentally or physically impaired person within this state, and who is related by blood, marriage, or adoption to, or shall be the legally appointed guardian of, the mentally or physically impaired person for whom the adult is caring;
- (2) “Mentally or physically impaired person” means a person who is a resident of this state and who requires assistance with two (2) or more activities of daily living, as certified in a writing provided by a physician licensed under title 63, chapter 6 or 9; and
- (3) “Temporary family healthcare structure” means a transportable healthcare environment that is specifically designed with environmental controls, biometric and other remote monitoring technology, sensors, and communication systems to support extended home-based medical care, rehabilitation, and the provision of home- and community-based support and assistance for an older adult or person with a disability on the property where family members or unpaid caregivers who participate in the person's care reside. A temporary family healthcare structure:
- (A) Is primarily assembled at a location other than its site of installation;
- (B) Is limited to one (1) occupant who shall be the older adult or person with a disability who requires extended home-based medical care, rehabilitation, or the provision of home and community-based support and assistance;
- (C) Meets the accessibility guidelines of the federal department of housing and urban development and the Americans with Disabilities Act (42 U.S.C. § 12131 et seq.);
- (D) Has no more than five hundred gross square feet (500 gross sq. ft.); and
- (E) Complies with applicable provisions of title 68, chapter 120, part 1, and codes adopted by a county pursuant to title 5. Placing the temporary family healthcare structure on a permanent foundation shall not be required or permitted.
§ 13-7-502. Temporary family healthcare structure as permitted accessory use — Permit. - (a)
- (1) For all purposes under this chapter, zoning ordinances may consider as a permitted accessory use in any single-family residential zoning district on lots zoned for single-family detached dwellings, any temporary family healthcare structures that are:
- (A) For use by a caregiver in providing care for a mentally or physically impaired person; and
- (B) On property owned or occupied by the caregiver as their residence.
- (2) Temporary family healthcare structures shall comply with any local requirements for accessory dwelling structures of this type. Temporary family healthcare structures shall comply with all setback requirements that apply to the primary structure and with any maximum floor area ratio limitations that may apply to the primary structure. Only one (1) temporary family healthcare structure shall be allowed on a lot or parcel of land.
- (b) Any person proposing to install a temporary family healthcare structure shall first obtain a permit from the local governing body, for which the local government may charge a fee of up to one hundred dollars ($100). The local government may not withhold such permit if the applicant provides sufficient proof of compliance with this section. The local government may require that the applicant provide evidence of compliance with this section on an annual basis as long as the temporary family healthcare structure remains on the property. This evidence may involve the inspection by the locality of the temporary family healthcare structure at reasonable times convenient to the caregiver, not limited to any annual compliance confirmation.
§ 13-7-505. Removal of structure — Revocation of permit. - (a) Any temporary family healthcare structure installed pursuant to this section shall be removed by the property owner within thirty (30) days from which the mentally or physically impaired person is no longer receiving or is no longer in need of the assistance provided for in this section. The local government may fine the property owner up to fifty dollars ($50.00) per day for a violation of this section, with each day constituting a separate offense.
- (b) The local governing body, or planning commission on its behalf, may revoke the permit granted pursuant to § 13-7-502(b) if the permit holder violates this section. Additionally, the local governing body may seek injunctive relief or other appropriate actions or proceedings in the circuit court of that locality to ensure compliance with this section. The local codes department or building inspector is vested with all necessary authority on behalf of the governing body of the locality to ensure compliance with this section.
Part 6 Short-Term Rental Unit Act § 13-7-602. Part definitions. - As used in this part:
- (1) “Effectively prohibit” means a local governing body acts or fails to act in a manner that prevents a property owner from using the owner's property as a short-term rental unit after reasonable compliance with generally applicable local laws;
- (2) “Generally applicable local law” means an ordinance, resolution, regulation, rule, or other requirement of any type other than zoning enacted, maintained, or enforced by a local governing body that applies to all property or use of all property and does not apply only to property used as a short-term rental unit;
- (3) “Local governing body” means the legislative body of a city, municipality, county, or other political subdivision of this state that has authority to enact a zoning ordinance, resolution, regulation, rule, or other requirement of any type regarding land use in its jurisdiction;
- (4) “Prohibit” means to forbid or ban the operation of short-term rental units, either permanently or temporarily, within a local governing body's jurisdiction, portion of the local governing body's jurisdiction, or a portion of an owner's property;
- (5) “Property” means a tract of land as recorded with the register of deeds office of the county where the property is located;
- (6) “Provider” means any person engaged in renting a short-term rental unit and includes an owner of a residential unit that is made available through a vacation lodging service as that term is defined in § 62-13-104;
- (7) “Residential dwelling” means a cabin, house, or structure used or designed to be used as an abode or home of a person, family, or household, and includes a single-family dwelling, a portion of a single-family dwelling, or an individual residential dwelling in a multi-dwelling building, such as an apartment building, condominium, cooperative, or timeshare;
- (8) “Short-term rental unit” or “unit” means a residential dwelling that is rented wholly or partially for a fee for a period of less than thirty (30) continuous days and does not include a hotel as defined in § 68-14-302 or a bed and breakfast establishment or a bed and breakfast homestay as those terms are defined in § 68-14-502;
- (9) “Transferred” means:
- (A) An interest in real estate was conveyed on or after May 17, 2018; and
- (B) The conveyance is exempt from the recordation tax pursuant to § 67-4-409(a)(1)(C)(i)(a), (v), and (vii); and
- (10) “Used as a short-term rental unit” means the property was held out to the public for use as a short-term rental unit, and:
- (A) For property that began being held out to the public for use as a short-term rental unit within the jurisdiction of a local governing body that required a permit to be issued or an application to be approved pursuant to an ordinance specifically governing short-term rental units prior to using the property as a short-term rental unit, a permit was issued or an application was approved by the local governing body for the property; or
- (B) For property that began being held out to the public for use as a short-term rental unit within the jurisdiction of a local governing body that did not require a permit to be issued or an application to be approved pursuant to an ordinance specifically governing short-term rental units, the provider remitted taxes due on renting the unit pursuant to title 67, chapter 6, part 5 for filing periods that cover at least six (6) months within the twelve-month period immediately preceding the later of:
- (i) May 17, 2018; or
- (ii) The effective date of an ordinance, resolution, regulation, rule, or other requirement by a local governing body having jurisdiction over the property requiring a permit or an application to be approved pursuant to an ordinance specifically governing short-term rental units.
History (2)
- Acts 2018, ch. 972, § 1
- 2020, ch. 787, § 5.
§ 13-7-603. Effect of ordinance or other requirement that prohibits or regulates use of property as short-term rental unit. - (a) Except as otherwise provided in subsection (b), an ordinance, resolution, regulation, rule, or other requirement of any type that prohibits, effectively prohibits, or otherwise regulates the use of property as a short-term rental unit shall not apply to property if the property was being used as a short-term rental unit by the owner of the property prior to the enactment of the ordinance, resolution, regulation, rule, or other requirement by the local governing body. The ordinance, resolution, regulation, rule, or other requirement in effect at the time the property began being used as a short-term rental unit is the law that governs the use of the property as a short-term rental unit until the property is sold, transferred, ceases being used as a short-term rental unit for a period of thirty (30) continuous months, or has been in violation of a generally applicable local law three (3) or more separate times as provided by § 13-7-604. For purposes of this subsection (a), an ordinance, resolution, regulation, rule, or other requirement is in effect at the time it is lawfully enacted by the local governing body and not the time in which it is introduced for consideration by the local governing body.
- (b) Notwithstanding subsection (a), an ordinance, resolution, regulation, rule, or other requirement of any type enacted prior to January 1, 2014, that prohibits or effectively prohibits the use of property as a short-term rental unit may apply to any property within a local governing body's jurisdiction, regardless of the property's existing use. However, this subsection (b) applies only to ordinances, resolutions, regulations, rules, or other requirements that expressly limit the period of time a residential dwelling may be rented, and does not apply to ordinances, resolutions, regulations, rules, or other requirements that generally prohibit commercial activity or the renting of residential dwellings to transients.
§ 13-7-604. Prohibition of continued use of property as short-term rental unit based on violations — Authorization of short-term rental units through permitting or application process. - (a) Section 13-7-603 does not prevent a local governing body from prohibiting the continued use of property as a short-term rental unit if, as a direct result of the operation of the short-term rental unit, the unit has been in violation of a generally applicable local law three (3) or more separate times, and the provider has no appeal rights remaining for any of the three (3) violations. The burden of proof that a violation of a generally applicable local law was a direct result of the operation of the short-term rental unit is on the local governing body.
- (b)
- (1) The local governing body may authorize short-term rental units through a permitting or application process.
- (2) Notwithstanding this part to the contrary, a local governing body that authorizes short-term rental units through a permitting or application process pursuant to subdivision (b)(1) may suspend the continued use of property as provided in § 13-7-603(a) during the time that the unit does not maintain a permit or approved application if the permitting or application requirements are reasonable.
- (3) Nothing in this subsection (b) extinguishes a provider's right to continued use of property as a short-term rental unit set out in § 13-7-603(a) unless the property is sold, transferred, ceases being used as a short-term rental unit for a period of thirty (30) continuous months, or has been in violation of a generally applicable local law three (3) or more separate times as provided by subsection (a).
- (c) A local governing body that accepts public complaints regarding the operation of short-term rental units in its jurisdiction pursuant to a permitting or application process shall assure that all complainants are notified that any false complaint made against a short-term rental unit provider are punishable as perjury under § 39-16-702.
- (d) If a local governing body prohibits, effectively prohibits, suspends, or otherwise regulates property used as a short-term rental unit that is also subject to § 13-7-603(a), the provider may challenge the prohibition, regulation, suspension, or regulation as in conflict with this part through a civil action or appeal. The circuit or chancery court has jurisdiction of any appeal instituted by a provider pursuant to this subsection (d) and review is de novo.
§ 13-7-605. Effect of part on condominiums, co-ops, homeowners associations, or other similar entities, lessors, and property owners. - Nothing in this part prohibits:
- (1) A condominium, co-op, homeowners association, or other similar entity from prohibiting or otherwise restricting an owner of property within the jurisdiction of the condominium, co-op, association, or other similar entity from using the owner's property as a short-term rental unit as provided for in the entity's governing documents;
- (2) A lessor, through the terms of a lease agreement, from restricting the use of the leased property as a short-term rental unit; or
- (3) A property owner from placing a restrictive covenant or easement on the property that restricts the future use of the property as a short-term rental unit as authorized under existing law.
Chapter 8 Security Gates and Barriers § 13-8-101. Applicability of chapter. - This chapter shall apply to any gated facility or community, whether residential, commercial or industrial, approved for or constructed after May 22, 2008, and the installation of any new or replacement security gate or barrier at any existing gated facility or community after May 22, 2008.
History (1)
- Acts 2008, ch. 1008, § 2.
§ 13-8-102. Chapter definitions. - As used in this chapter, unless the context otherwise requires:
- (1) “Access road” means a vehicular access roadway greater than or equal to twenty-four feet (24′) in width;
- (2) “Authority” means a governing body identified in § 13-8-103;
- (3) “Driveway” means a vehicular access roadway less than twenty-four feet (24′) in width and serving no more than two (2) single-family dwellings;
- (4) “Gated facility or community” means a multifamily residential property or commercial or industrial development or compound that has a security gate or barrier to block the entrance to the facility or community from a public street to a private street, parking lot or driveway of the facility or community;
- (5) “Radio operated controller” means a device used to operate a security gate or barrier that is equipped with a radio receiver capable of receiving signals from a police department, sheriff's department, if the gated facility or community is in the county, fire department, utility and emergency medical services' radio transceivers that allow emergency responders and other necessary on-duty employees to open the security gate or barrier or blocking device by use of the equipment; and
- (6) “Security gate or barrier” means a gate or barrier, electrically operated, that controls the passage of authorized vehicles and persons from a public street to access roads, driveways or parking lots of the gated facility or community.
History (1)
- Acts 2008, ch. 1008, § 3.
§ 13-8-103. Review of plans for installation or replacement of security gates or barriers. - The following authorities, as applicable, shall be responsible for reviewing all plans for the installation or replacement of security gates or barriers at gated facilities or communities to ensure that each gated facility or community complies with this chapter:
- (1) The regional planning commission, created pursuant to chapter 3 of this title;
- (2) The municipal planning commission designated as a regional planning commission, created pursuant to chapter 3 of this title;
- (3) A community planning commission, created pursuant to chapter 3 of this title;
- (4) The municipal planning commission, created pursuant to chapter 4 of this title;
- (5) County or municipal zoning boards, created pursuant to chapter 7 of this title; and
- (6) The county or municipal legislative body if none of the agencies identified in subdivisions (1)-(5) has been created within the county or municipality, as applicable; provided, that the legislative bodies shall identify an official to review all plans for the installation or replacement of security gates or barriers at gated facilities or communities within their jurisdictions for compliance with this chapter and report the findings of the official to the legislative body for its action.
History (1)
- Acts 2008, ch. 1008, § 4.
§ 13-8-104. Issuance of permit — Inspections. - After May 22, 2008, prior to the installation or replacement of a security gate or barrier at a gated facility or community, the developer or owner shall obtain a security gate or barrier permit from the authority having jurisdiction in the area where the security gate or barrier is to be replaced or installed. A permit shall only be issued for a security gate or barrier meeting the requirements of this chapter. Prior to any changes, alterations or blocking of private streets, plans detailing the change accompanied by drawings, shall be submitted to the authority having jurisdiction over the gated facility or community for approval. A county or municipal building or codes inspector shall inspect all such installations. The inspections of security gates or barriers shall be conducted at the same time as other inspections of the gated facility or community are performed by a county or municipal building or codes inspector.
History (1)
- Acts 2008, ch. 1008, § 5.
§ 13-8-105. Equipment required at security gates or barriers — Policies. - (a) All security gates or barriers shall be equipped with a radio operated receiver/controller capable of receiving signals from a police department, sheriff's department, if the gated facility or community is in the county, fire department, utility and emergency medical services' radio transceivers serving the gated facility or community that allow emergency responders and other necessary on-duty employees to open the security gate or barrier by use of the equipment.
- (b) All security gates or barriers must meet policies deemed necessary by the authority having jurisdiction over the gated facility or community for rapid, reliable, and mutual aid access.
- (c) The equipment shall be furnished, installed and maintained by the gated facility or community that is served by the equipment.
History (1)
- Acts 2008, ch. 1008, § 6.
§ 13-8-106. Maintenance and upkeep of security gate or barrier. - (a) The maintenance and upkeep of any security gate or barrier shall be the sole responsibility of the developer, owner or any duly incorporated and active association having jurisdiction of the gated facility or community.
- (b) Inoperative security gates or barriers shall be repaired immediately. Inoperative gates shall be locked in the open position until repairs are made. Abandoned gates shall be permanently locked in the open position.
History (1)
- Acts 2008, ch. 1008, § 7.
§ 13-8-107. Liability. - The party or parties controlling the operation and maintenance of the security gate or barrier shall be liable for any damages caused by the improper operation of the security gate or barrier.
History (1)
- Acts 2008, ch. 1008, § 8.
Chapter 10 Mass Transit Part 1 Mass Transit Projects § 13-10-101. Chapter definitions. - As used in this chapter, unless the context otherwise requires:
- (1) “Commissioner” means the commissioner of transportation;
- (2) “Department” means the department of transportation;
- (3) “Local government” means an incorporated municipality, county, agency or instrumentality of an incorporated municipality or county, two (2) or more of the foregoing acting jointly, or an authority established by law to provide mass transportation services, or a nonprofit corporation authorized to provide mass transportation services;
- (4) “Mass transportation project” means the planning, acquisition, construction, reconstruction, improvement, maintenance or operation of any mass transportation system or capital equipment used in connection therewith;
- (5) “Project cost” means actual or estimated cost of a mass transportation project, including relocation assistance payments, or the estimated reasonable cost thereof as approved by the commissioner, whichever is lower, less any federal assistance received or to be received for the project; and
- (6) “Rail fixed guideway public transportation system” has the same meaning as provided in 49 CFR Part 674.
History (7)
- Acts 1972, ch. 829, § 2
- 1973, ch. 140, § 4
- 1977, ch. 276, §§ 2-5
- T.C.A., § 13-1701
- Acts 1981, ch. 264, § 22
- 2000, ch. 750, § 1
- 2018, ch. 743, § 1.
§ 13-10-102. Functions of commissioner. - The commissioner is authorized to:
- (1) Study mass transportation problems and provide technical assistance to local governments and operators of mass transportation;
- (2) Undertake projects to develop or demonstrate improvement in mass transportation facilities, equipment, services and management techniques; acquire and operate or contract for the operation of vehicles and other equipment necessary for such projects;
- (3) Render financial assistance to local governments for mass transportation projects out of appropriations made available by the general assembly for such purpose; and
- (4) Act as agent for any local government which so requests in applying for, accepting, receiving, receipting for, and disbursing federal moneys for mass transportation projects.
History (4)
- Acts 1972, ch. 829, § 8
- 1977, ch. 276, §§ 6-13
- T.C.A., § 13-1702
- Acts 1981, ch. 264, §§ 19, 20.
§ 13-10-104. Authority of commissioner to inspect property and records and conduct investigations and hearings. - The commissioner, at reasonable times, may inspect the property and examine the books and papers dealing with the type and adequacy of services of any person engaged in operating a public mass transportation facility or system in whole or in part within the state. The commissioner may hold investigations or hearings within or without the state. This section shall not affect the regulatory powers of the state with respect to transportation rates and services.
History (4)
- Acts 1972, ch. 829, § 10
- 1977, ch. 276, § 15
- T.C.A., § 13-1704
- Acts 1981, ch. 264, § 22.
§ 13-10-107. State financial assistance — Contingencies. - (a) Any state financial assistance for mass transportation projects undertaken by local governments may be used to pay up to one hundred percent (100%) of the project cost.
- (b) No mass transportation project shall be eligible for assistance under this chapter until the project has been approved by the commissioner as consistent with the statewide comprehensive plan for transportation approved by the commissioner and reported to the general assembly.
- (c) State moneys appropriated for any mass transportation project undertaken by local government shall be allotted pursuant to a contract entered into by the commissioner, in the name of the state, and the local government undertaking such project. The contract may include any provision agreed upon by the parties thereto, and shall include, in substance, the following provisions:
- (1) An estimate of the reasonable cost of the project as determined by the commissioner;
- (2) An agreement by the commissioner to pay to the local government, following completion of the project, or during the undertaking thereof in the form of progress payments, such financial assistance as is provided for herein;
- (3) An agreement by the local government to:
- (A) Proceed expeditiously with and complete the project in accordance with plans approved by the commissioner;
- (B) Commence and continue operation of the project on completion of the project, and not to discontinue operation or dispose of all or part of the project without the approval of the commissioner;
- (C) Apply for, and make reasonable efforts to secure, federal assistance for the project, subject to any conditions that the commissioner may require in order to maximize the amounts of such assistance received or to be received for all projects in the state; and
- (D) Provide for the payment of the local government's share of the cost of the project; and
- (4) A provision that, if federal assistance which was not included in the calculation of the state payment pursuant to subdivision (c)(2) becomes available to the local government, the amount of the state payment shall be recalculated with the inclusion of such additional federal assistance, and the local government shall either:
- (A) Pay to the state the amount by which the state payment actually made exceeds the state payment determined by the recalculation; or
- (B) If such additional federal assistance has not been received by the local government, authorize the state to receive such amount from the federal government and to retain an appropriate amount thereof.
- (d) The commissioner shall prepare and file with the general assembly an annual report on the scope and results of construction undertaken pursuant to this chapter.
- (e) For each contract concerning a mass transportation project, the commissioner shall keep adequate records of the amount of the payment by the state pursuant to subdivision (c)(2), and of the amount of federal assistance received by the local government. These records shall be retained by the commissioner and shall establish the basis for application for federal reimbursement of payments made by the state. The commissioner may make such applications.
- (f) The commissioner may prescribe rules and regulations to carry out this section.
History (6)
- Acts 1972, ch. 829, § 13
- 1973, ch. 140, § 5
- 1977, ch. 276, §§ 18-24
- T.C.A., § 13-1707
- Acts 1980, ch. 809, § 1
- 1981, ch. 264, § 22.
§ 13-10-108. Purposes for which any local government may adopt local ordinances delineated. - (a) Any local government may adopt local ordinances to authorize:
- (1) The acquisition, construction, reconstruction, improvement, maintenance or operation of one (1) or more mass transportation projects, and the use of streets, roads, highways, avenues, parks, or public places for these purposes;
- (2) The making of a contract or contracts for the acquisition by purchase of all or any part of the property, plant, and equipment of an existing mass transportation facility actually used and useful for the convenience of the public;
- (3) The making of a contract or contracts with any person, firm or corporation, including a public authority, for the equipment, maintenance or operation of a mass transportation facility owned, acquired, constructed, reconstructed or improved by the local government; and
- (4) The making of a contract or contracts for a fair and reasonable consideration for mass transportation services to be rendered to the public by a privately-owned or operated mass transportation facility. Such power shall include, but not be limited to, the power to appropriate funds for payment of such consideration, and to provide that all or part of such consideration shall be in the form of capital equipment to be furnished to and used and maintained by such privately-owned or operated mass transportation facility.
- (b) The powers granted by this section shall be in addition to, and not in substitution for, any other power to acquire, construct, reconstruct, improve, equip, maintain or operate any mass transportation capital project.
History (3)
- Acts 1972, ch. 829, § 14
- 1977, ch. 276, § 25
- T.C.A., § 13-1708.
§ 13-10-109. Financial assistance — Approved sources. - Any local government may apply for, accept, and expend financial assistance from:
- (1) The state, for one (1) or more mass transportation projects provided pursuant to this title, whether by way of direct financial assistance or by way of prefinancing of any financial assistance from the federal government; and
- (2) The federal government, or any agency or instrumentality thereof, for the construction, operation or maintenance of one (1) or more mass transportation projects provided pursuant to any act of the congress of the United States or any rule, regulation or order promulgated pursuant thereto.
History (3)
- Acts 1972, ch. 829, § 15
- 1977, ch. 276, §§ 26-28
- T.C.A., § 13-1709.
Part 2 State Safety Oversight Program § 13-10-201. Responsibility for implementation. - (a) The department is designated as the agency responsible for implementing a state safety oversight program that satisfies the requirements of 49 U.S.C. § 5329(e) and shall have the authority to implement all requirements necessary to comply with 49 U.S.C. § 5329(e) and the implementing federal regulations.
- (b) The department may enter into an agreement with one (1) or more contractors to act on behalf of the department in carrying out the duties of the department under this part. However, any such contractor may not provide services to both the department and a rail fixed guideway public transportation system under the oversight of the department, unless authorized by a waiver issued by the federal transit administrator or the administrator's designee.
§ 13-10-202. Financial and legal independence. - (a) Unless waived under 49 U.S.C. § 5329(e), the department:
- (1) Shall be financially and legally independent from any rail fixed guideway public transportation system under the oversight of the department;
- (2) May not employ an individual who is also employed by a rail fixed guideway public transportation system under the oversight of the department; and
- (3) May not directly provide public transportation services in an area with a rail fixed guideway public transportation system under the oversight of the department.
- (b) A rail fixed guideway public transportation system under the oversight of the department may not provide funding to the department in a manner prohibited by the federal transit administration.
§ 13-10-203. Enforcement authority. - (a) The department shall oversee and have the authority to implement all safety aspects of rail fixed guideway public transportation systems in accordance with 49 U.S.C. § 5329(e), including:
- (1) Investigation and enforcement of federal and state laws regarding rail fixed guideway public transportation safety;
- (2) Establishment of minimum safety standards for the rail fixed guideway public transportation systems in the state;
- (3) Review, approval, oversight, and enforcement of the public transportation agency safety plan required under 49 U.S.C. § 5329(d), including implementation by a rail fixed guideway public transportation system of the system's plan; and
- (4) Oversight and enforcement of corrective action by rail fixed guideway public transportation systems in a manner directed by the commissioner or commissioner's designee as needed, including compelling the removal of a specific hazard, immediately suspending or prohibiting rail service as appropriate, or taking other action consistent with this purpose.
- (b) The department shall have the right to access the property, vehicles, accident scenes, and records of each rail fixed guideway public transportation system under the oversight of the department for the purpose of fulfilling its duties under this part.
§ 13-10-204. Confidentiality of information. - (a) The data collected for and reports concerning investigations conducted under this part by the department, or a contractor acting on behalf of the department, shall be confidential and not open for inspection by members of the public pursuant to the open records law, compiled in title 10, chapter 7, and may not be admitted into evidence or used in a civil action for damages resulting from a matter mentioned in such a report.
- (b) Any portion of a rail fixed guideway public transportation system safety plan that concerns security for the system shall be confidential and not open for inspection by members of the public pursuant to the open records law.
§ 13-10-205. Audits and reporting. - (a) At least once every three (3) years, the department shall audit each rail fixed guideway public transportation system's compliance with the public transportation agency safety plan as required by 49 U.S.C. § 5329(e).
- (b) At least once per year, the department shall report the status of the safety of each rail fixed guideway public transportation system to the governor, the federal transit administration, and the board of directors, or equivalent, of the rail fixed guideway public transportation system.
§ 13-10-206. Authority to adopt policies and regulations. - The department is authorized to establish policies and promulgate rules and regulations in furtherance of this part. All rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Chapter 13 Neighborhood Development Act of 1987 Part 1 Local Neighborhood Development Corporations Act of 1987 § 13-13-101. Short title. - This part shall be known and may be cited as the “Local Neighborhood Development Corporation Act of 1987.”
History (2)
- Acts 1987, ch. 343, § 1
- 1992, ch. 864, § 1.
§ 13-13-102. Legislative findings and declaration. - (a) It is hereby found and declared that the state has certain communities which persistently suffer from the debilitating problems of chronic unemployment, below average educational attainment, low household income, and limited economic opportunity, that these problems may be assuaged with the proper and concentrated application of personnel and resources, that many of such debilitating conditions may be best addressed at the community level, and that existing community organizations often lack the requisite funding and expertise to implement necessary programs.
- (b) Therefore, it is found that it is in the public interest of the state to promote the prosperity and general welfare of the citizens within such communities, a public purpose for which public money may be expended, to provide technical and economic assistance to neighborhoods, and that the creation of local neighborhood development corporations will assist in serving this public purpose.
History (2)
- Acts 1987, ch. 343, § 1
- 1992, ch. 864, § 2.
§ 13-13-104. Local neighborhood development corporations. - (a)
- (1) Local neighborhood development corporations in effect on July 1, 2001, shall remain in effect until such corporations are dissolved or the authority for such corporations is repealed.
- (2) Each local neighborhood development corporation shall be governed and its corporate powers exercised by a board of directors, which shall consist of not less than five (5) nor more than forty-five (45) members.
- (3) Each member of the board of directors shall remain a member until such time such member voluntarily resigns or is removed by the local board of directors for cause.
- (4) At least fifty-one percent (51%) of the appointments shall be persons who are residents of the neighborhood.
- (5) Local government officials in the jurisdiction in which such corporation is organized may also serve on the board.
- (6) The senator and member of the house of representatives in whose district the neighborhood is located shall serve as advisory, nonvoting members of the board.
- (7) Any person appointed to fill a vacancy in the office of a member shall be appointed by a majority of the members of the local board of directors.
- (8) Any member may be removed for cause from such member's appointment by the board of such member's local neighborhood development corporation.
- (b) Sixty percent (60%) of the total membership of the board shall constitute a quorum, and the affirmative vote of a majority of the members serving on the board shall be necessary for any action to be taken by the board. The members shall serve without compensation, but each member shall be entitled to reimbursement for such member's actual and necessary expenses incurred in the performance of such member's official duties as established by the board.
- (c) Each local neighborhood development corporation may purchase from, sell to, borrow from, loan to, contract with or otherwise deal with any eligible organization in which any director of such corporation is in any way interested or involved; provided, that such interest or involvement is disclosed in advance to the members of the board and recorded in the minutes of the board; and, provided further, that no director having such an interest or involvement may participate in any decision of the board relating to such eligible organization.
- (d) The directors shall annually elect one (1) of their members as chair and one (1) as vice chair and shall also designate a secretary who need not be a member of the board. The secretary shall keep a record of the proceedings of such neighborhood corporation and shall be the custodian of all books, documents, and papers filed with the corporation, the minute books of such corporation and its official seal. The secretary shall cause copies to be made of all minutes and other records and documents of such corporation and shall certify that such copies are true copies, and all persons dealing with the corporation may rely upon such certification.
History (6)
- Acts 1987, ch. 343, §§ 3, 8
- 1988, ch. 985, §§ 1, 2
- 1989, ch. 19, § 1
- 1992, ch. 864, § 4
- 1999, ch. 283, § 1
- 2001, ch. 415, § 1.
§ 13-13-105. Powers and duties of local neighborhood development corporations. - Each local neighborhood development corporation has the following general powers, functions and duties, to:
- (1) Make, amend and repeal bylaws, rules and regulations for the management of its affairs;
- (2) Adopt an official seal;
- (3) Sue and be sued, in its own name;
- (4) Make contracts and execute all instruments necessary or convenient for the exercise of its power and functions;
- (5) Acquire, own, hold and dispose of personal property of any nature, or any interest therein;
- (6) Enter into agreements or other transactions with any federal or state agency or political subdivision thereof;
- (7) Appear in its own behalf before boards, commissions, departments or other agencies of municipal, county, state or federal government;
- (8) Procure insurance against any losses in connection with its property in such amounts, and from such insurers, as may be necessary or desirable;
- (9) Apply for and accept grants, loans, advances and contributions from any source of money, property, labor or other things of value, to be held, used and applied for the purposes of this part;
- (10) Provide and pay for such advisory services and technical assistance as may be necessary or desirable to carry out the purposes of this part;
- (11) Exercise any other powers of a corporation organized under the laws of this state;
- (12) Encourage and assist in the development and utilization of educational, vocational, and economic opportunities within the neighborhood;
- (13) Suggest more effective applications of and techniques for the delivery of governmental services and programs for residents of the neighborhood;
- (14) Undertake appropriate activities to foster a higher standard of living and a greater degree of economic self-sufficiency within the neighborhood; and
- (15) Do any and all things necessary or convenient to carry out its purposes and exercise the powers expressly granted in this part.
History (2)
- Acts 1987, ch. 343, § 4
- 1992, ch. 864, § 5.
§ 13-13-106. Economic assistance. - Each local neighborhood development corporation may, subject to appropriation by the general assembly or funds made available from any other public or private source and pursuant to rules and regulations adopted by it, provide economic assistance to particular eligible organizations or projects intended to contribute to the public purposes of this part generally; provided, that preference shall be given to projects in which community controlled organizations or community action programs have, or will have, an ownership interest; and provided further, that before providing economic assistance to a particular eligible organization, a neighborhood development corporation shall find and incorporate in its minutes that the eligible organization is devoting a substantial part of its efforts to activities intended to contribute to the economic, educational and social well-being of the neighborhood.
History (2)
- Acts 1987, ch. 343, § 5
- 1992, ch. 864, § 6.
§ 13-13-108. Audit. - The books and records of a local neighborhood development corporation shall be subject to an annual audit by the comptroller of the treasury if the corporation has received a grant or appropriation from the state or any agency thereof.
History (2)
- Acts 1987, ch. 343, § 7
- 1992, ch. 864, § 8.
Part 2 Inner City Safe Neighborhood Act of 1996 § 13-13-202. Legislative findings and purpose. - The general assembly hereby finds that state government should do more to encourage and support community-based efforts of inner city residents to take a firm stand against the intrusion of drugs, crime, fear, decay and urban blight. By this enactment, the general assembly seeks to encourage and support such grassroots efforts and to foster a higher level of cooperation among public and private organizations seeking to address the special needs of such inner city residents.
§ 13-13-203. “Safewalk” defined. - As used in this part, “safewalk” means a system of safe and secure, narrow linear parks, greenbelts, walkways, and sidewalks that function as pedestrian corridors linking inner city residential areas with schools, libraries, playgrounds, community centers, churches, grocery stores, and retail outlets.
§ 13-13-204. Inner city safe neighborhood pilot demonstration project. - There is hereby created the inner city safe neighborhood pilot demonstration project. The purpose of the pilot demonstration project is to encourage, enhance, and evaluate the efforts of neighborhoods, local neighborhood development corporations, municipalities, counties, and state agencies to jointly and cooperatively plan, design, finance, construct, maintain, and secure safewalks within the inner city residential areas of the state's urban centers.
§ 13-13-205. Grant applications — Approval. - (a) The Tennessee neighborhood development corporation (TNDC) is authorized to solicit, receive, and review applications and to approve inner city safe neighborhood pilot demonstration project grants. To qualify for approval, a grant application must clearly reflect the highest level of mutual effort and cooperation in safewalk project planning, design, and support by each of the following parties:
- (1) The residents of the affected, inner city neighborhoods;
- (2) Grocers and other merchants doing business within the affected, inner city neighborhoods;
- (3) The local neighborhood development corporation or corporations, within whose boundaries such neighborhoods are located;
- (4) The municipality, within whose boundaries such neighborhoods are located;
- (5) The county, within whose boundaries such neighborhoods are located; and
- (6) Any state entity which has provided or which has agreed to provide financial or other resources for the safewalk project.
- (b) To qualify for approval, an application must also clearly identify the specific level of funding and other resources that have and/or will be allocated to the project by the residents of the affected neighborhoods, grocers and other merchants doing business within the affected neighborhoods, the local neighborhood development corporation, the municipality, the county, and any state entity which has provided and/or which has agreed to provide financial or other resources for the safewalk project. Furthermore, the application must also clearly identify all other proposed funding sources and resources for the project and must specify the methods by which the proposed safewalks will be secured against intrusion of criminal elements.
- (c) For purposes of this part, the commissioner of transportation shall serve as a member of the TNDC board of directors.
§ 13-13-206. Applicability. - Inner city safe neighborhood pilot demonstration project grants shall be approved only for safewalk projects to be located within inner city areas of municipalities having a population in excess of one hundred fifty thousand (150,000), according to the 1990 federal census or any subsequent federal census.
§ 13-13-207. Monitoring — Reporting. - The Tennessee neighborhood development corporation (TNDC) shall monitor and evaluate the effectiveness of safewalk projects in revitalizing and securing inner city neighborhoods. The TNDC shall periodically report interim findings and recommendations and shall submit a final report on the inner city safe neighborhood pilot demonstration project on or before January 1, 2000.
Chapter 14 Development District Act Of 1965 Part 1 Development Districts § 13-14-101. Short title. - This chapter shall be known as the “Development District Act of 1965.”
History (3)
- Acts 1965, ch. 241, § 1
- 1969, ch. 239, § 1
- T.C.A., § 13-1401.
§ 13-14-102. Creation of districts. - (a) From and after the time when the department of economic and community development has progressed to the stage of preparing a general plan for development of the state as provided for in §§ 13-16-103 — 13-16-105, which includes at least a delineation of regions deemed viable to the economic development of the state, then the department is empowered, in cooperation with counties, municipalities and local development agencies, and in accordance with the conditions and procedures specified in this chapter, to create development districts for such regions, such districts to encompass one (1) or more counties or parts of counties, such that are conducive to efficient planning and orderly economic development of the state.
- (b) A board established as hereinafter provided for shall be responsible for area-wide planning in its district.
History (5)
- Acts 1965, ch. 241, § 2
- 1969, ch. 239, § 2
- 1972, ch. 542, § 11
- T.C.A., § 13-1402
- Acts 1995, ch. 501, § 5.
§ 13-14-103. Purposes of chapter. - (a) It is the intent of the general assembly that the various counties and cities be provided the most effective and efficient means of organizing themselves on a regional basis for the purpose of carrying on general and comprehensive planning and development activities, such that would provide coordinated, efficient and orderly economic development of the state. It is the further intent that local governments through such regional agencies be guided and assisted in making maximum use of federal, state and local programs designed to stimulate economic development and utilization of resources. It is the further intent of this chapter that the planning function of government be separated from the plan implementation function, leaving to existing county, municipal and state governments and their instrumentalities the carrying out of all plans for physical, economic and resource development, as provided for under existing laws. However, it is the intent of the general assembly that development districts may perform the implementation function with respect to the public guardianship program created by title 34, chapter 7.
- (b) It is the further intent of this chapter that, in order to ensure the success of regional planning and development as herein defined, the state may provide minimum financial assistance on a matching basis to such boards for purposes of staffing and providing other planning and administrative services, in accordance with the state's policy of furthering the economic development of the state.
History (3)
- Acts 1965, ch. 241, § 3
- T.C.A., § 13-1403
- Acts 1990, ch. 654, § 1.
§ 13-14-104. Membership of boards. - The membership of boards created under this chapter shall consist of the county mayor of each county within the district, the mayor of each municipality within the district, the chief executive officer of any metropolitan government within the district, one (1) representative from a local agency in each county dealing with problems of industrial development or promotion appointed by the county mayor, and one (1) state senator and one (1) state representative whose senatorial or representative districts lie wholly or in part in the development district. The senator member shall be selected by the senators whose districts are wholly or in part within the development district. Senators and representatives shall serve on such boards for two (2) years or until they leave the general assembly, whichever occurs first. Senators whose districts lie wholly or partly within the development district shall meet at the call of the senior senator among those affected, for the purpose of selecting a member of the development district board, and representatives shall meet at the call of the senior representative for that purpose. Membership on such boards shall be for four (4) years or until the expiration of the term of the official by whom such representative was appointed, whichever occurs first. Members are subject to reappointment. The representative of each county and city government as indicated above may be chosen from an existing city or county planning commission. The board may appoint an executive committee to act for it and determine the authority of such committee. No member of the general assembly shall receive any additional compensation for such member's service on a board.
History (7)
- Acts 1965, ch. 241, § 4
- 1975, ch. 324, § 1
- 1978, ch. 737, § 1
- impl. am. Acts 1978, ch. 934, §§ 16, 36
- Acts 1979, ch. 381, § 3
- T.C.A., § 13-1404
- Acts 2003, ch. 90, § 2.
§ 13-14-105. Procedure for creation. - (a) Upon delineation of regions deemed viable to the economic development of the state as provided for in this chapter, the department of economic and community development shall notify the chief executive officer of each municipal and county government in such region proposed for planning and development, and hold a public hearing with such officers assembled to explain the advantages of economic development, and otherwise solicit an expression of interest about the creation of such district and board as provided for in this chapter.
- (b) No district shall be created without the consent of at least a three-fourths (¾) majority of counties as represented by the county mayor, and a three-fourths (¾) majority of municipalities as represented by the mayor.
- (c) Membership in these districts shall be by consent only and any municipality or county may, by majority vote of the governing body, cease to become a member of the district.
History (6)
- Acts 1965, ch. 241, § 5
- 1972, ch. 542, § 11
- impl. am. Acts 1978, ch. 934, §§ 16, 36
- T.C.A., § 13-1405
- Acts 1995, ch. 501, § 5
- 2003, ch. 90, § 2.
§ 13-14-106. Powers and duties of boards. - (a) Each board created under this chapter has the authority to:
- (1) Organize itself into a public body, elect its officers, and adopt bylaws for purposes of carrying out functions authorized under this chapter;
- (2) Receive and expend funds from any sources for staffing, for research, planning, coordination, economic development, demonstration projects, and other activities deemed necessary to promote the efficient, harmonious and economic development of the district; and receive grants from private foundations for purposes of research and for demonstration projects oriented to human, physical and natural resources utilization;
- (3) Contract with local, state and federal agencies, and with consultants for services to be provided;
- (4) Prepare broad plans for the economic development of the district, including, but not limited to, comprehensive land use and plans for physical development. Such plans shall be made with the purpose of guiding and accomplishing a coordinated, adjusted, efficient and economic development of the district which will, in accordance with present and future needs and resources, best promote the health, safety, morals, order, convenience, prosperity and welfare of the citizens, as well as efficiency and economy in the process of development, including distribution of population, urbanization, and the uses of land and resources for trade, industry, recreation, forestry, agriculture and tourism, and will tend to create conditions favorable to transportation, health, safety and otherwise promote the general welfare of the citizens. Such plans may include the design and layout of industrial parks and feasibility studies for extension of utilities and services to areas deemed suitable for industrial development;
- (5) Cooperate and coordinate its activities with local and state planning agencies and other districts in developing and implementing plans for development;
- (6) Cooperate and coordinate its activities with the federal agencies responsible for developing natural, human and physical resources of the district; recommend projects which will enhance the development of all resources, to be carried out through existing governmental units or through a combination of these as applicable under state laws, including, but not limited to, the former Area Redevelopment Program [terminated], the Appalachian program and the former Economic Opportunity Act [repealed];
- (7) Cooperate with local and regional finance companies in assembling financial resources for commercial, industrial and other development;
- (8) Compile, prepare, publish and disseminate information about the economic resources of the district and about sub-areas;
- (9) Encourage and assist in the creation of private and semipublic, nonprofit organizations as needed and under existing laws of the state for carrying out specific projects and programs initiated under federal and state laws;
- (10) Enter into compacts or contractual arrangements with planning agencies of other adjoining or neighboring states, for the purpose of preparing joint-comprehensive plans for development of a broader area or region. Boards are hereby expressly authorized to expend funds for interstate planning, notwithstanding the fact that in doing so portions of such funds may be used for planning work outside of the state boundary;
- (11) Contract with the commission on aging and disability to operate the program established by title 34, chapter 7; and
- (12) Have and exercise other authority as deemed necessary to further and promote the orderly and economic development of the state.
- (b) Each governing board operating under this chapter shall:
- (1) Jointly adopt statewide uniform travel regulations subject to the approval of the commissioner of finance and administration and shall reimburse its officers and employees for official travel in conformance with such regulations;
- (2) Develop a system of competitive bidding on purchases of supplies and equipment and other contracts and shall submit the written procedures governing such system to the state procurement commission for approval;
- (3) Develop written personnel procedures to be filed with the commissioner of finance and administration for the hiring, promotion, demotion and dismissal of all employees, and shall include an employee compensation plan based on a salary comparability analysis which takes into account state salary schedules, local government salary schedules, and regional private market variations; and
- (4) Submit, annually, to the department of economic and community development, or such other office as may be directed by the governor, a work program and budget, together with such other information as may be requested.
History (8)
- Acts 1965, ch. 241, § 6
- 1976, ch. 665, §§ 1-3
- 1979, ch. 381, § 1
- T.C.A., § 13-1406
- Acts 1989, ch. 196, § 1
- 1990, ch. 654, § 2
- 1995, ch. 501, § 5
- 2011, ch. 295, § 19.
§ 13-14-107. Limitations on power of board. - (a) The following limitations, in addition to any other limitations specifically provided herein, shall apply to boards created under this chapter:
- (1) All plans shall be advisory only;
- (2) No authority is hereby granted to enact zoning ordinances or subdivision standards;
- (3) No authority is hereby granted such that would supplant or in any way interfere or supersede the planning and development authority granted cities and counties under other applicable state statutes;
- (4) Plans prepared under this chapter must reflect goals and objectives for harmonious development of the district, and, in the case of highways, must be in accordance and coordinated with plans of the department of transportation, and with plans of the department of economic and community development;
- (5) Plans prepared under this chapter shall be transmitted to all governmental bodies in the district, and these may be adopted as their own for purposes of planning and development;
- (6) No authority is hereby granted for the exercise of the power of eminent domain, nor for engaging in construction projects;
- (7) No authority is hereby granted to regulate the agricultural or other use of land; and
- (8) Only duly appointed members of the board, or persons duly designated pursuant to § 6-54-112, may vote.
- (b) Notwithstanding the limitation of subdivision (a)(6) which prohibits the board from engaging in construction projects, the board is authorized to construct a building for its own use. The board is authorized to borrow such funds it deems necessary to fund the construction of a building for its own use, and may mortgage or otherwise pledge its real property or other assets to secure such a loan.
History (10)
- Acts 1965, ch. 241, § 7
- 1972, ch. 542, § 11
- impl. am. Acts 1972, ch. 829, § 7
- Acts 1979, ch. 381, § 2
- T.C.A., § 13-1407
- Acts 1990, ch. 1008, § 1
- 1991, ch. 250, § 1
- 1995, ch. 501, § 5
- 2008, ch. 990, § 1
- 2010, ch. 730, § 1.
§ 13-14-108. Uniform accounting system. - (a) The comptroller of the treasury is directed to develop a uniform accounting system conforming to generally accepted accounting principles for the governing boards operating under this chapter.
- (b) Such uniform accounting system shall be subject to the approval of the commissioner of finance and administration. Upon such approval, each development district shall establish and maintain the uniform accounting system.
- (c) No state appropriation shall be released to a development district until such district has established the required accounting system.
History (2)
- Acts 1976, ch. 665, § 5
- T.C.A., § 13-1413.
§ 13-14-109. Member voting after term of office expired. - If a member of a board created under this chapter participates in a vote of such board after such member's term of office has expired, no state funds shall be released to or expended by such board until such time as the board meets and rescinds any votes in which such member has participated and reconsiders its action with a lawfully constituted board.
History (2)
- Acts 1979, ch. 381, § 4
- T.C.A., § 13-1414.
§ 13-14-110. Regional agencies under special acts. - Nothing in this chapter shall in any way limit or infringe upon the statutory authority granted by law to the Beech River watershed development authority, the department of environment and conservation, or the Upper Duck River development agency as the same have been heretofore created by the general assembly; nor shall any provision of this chapter restrict or limit the functions of any similar tributary watershed area development authority which may be hereafter created by the general assembly.
History (3)
- Acts 1965, ch. 241, § 8
- T.C.A., § 13-1408
- Acts 1996, ch. 816, § 11.
§ 13-14-111. Financing. - (a) It is the intent of the state to assist financially with the development of regional plans for economic development and for coordination of activities thereunder. The board for the Memphis area association of governments, composed of the Fayette, Lauderdale, Shelby, and Tipton counties and the municipalities located within those counties, has been created as provided in this chapter and when the local governments have indicated a willingness to contribute financially by adopting a budget requiring a certain per capita assessment, the state shall be authorized to match the local contributions according to subdivision (c)(3).
- (b) The local contributions to the Memphis area association of governments shall be based upon, in the case of counties, an amount not to exceed twenty-one cents (21¢) per capita based on the latest decennial census, one half (½) of which may be contributed by local incorporated cities or by other private, public or semipublic bodies; provided, that no county shall be required to contribute more than twelve thousand five hundred dollars ($12,500) annually. The aggregate of such funds may also be used for purposes of matching various federal programs of assistance for planning and development. Counties and municipalities may participate independently of each other in financing the activities of the board. Cities and counties are specifically authorized to appropriate and expend funds for carrying out the purposes of this chapter.
- (c)
- (1) It is the intent of the state to assist financially with the development of regional plans for economic development and other regional plans, activities, and programs authorized by this chapter and other statutes and for coordination of activities thereunder. The regional plans, activities and programs shall be for the benefit of and for the local governments of this state and, as appropriate, the state government and the citizens of Tennessee. The boards of the eight (8) other development districts established as the First Tennessee development district, the East Tennessee development district, the Southeast Tennessee development district, the Upper Cumberland development district, the South Central Tennessee development district, the Southwest Tennessee development district, the Greater Nashville regional council and the Northwest Tennessee development district have been created as provided in this chapter and title 64, chapter 7.
- (2) When the local governments have indicated a willingness to contribute financially to the development districts by adopting a budget establishing a certain per capita assessment, the state shall include in its budget under the department of economic and community development, or its state functional equivalent, a separate line item for the funding of the activities of the development districts. Any appropriations of state funds made to the development districts by the general assembly shall not be reduced, except in conjunction with an across the board percentage reduction applicable to multiple state government departments and agencies.
- (3) The amount of state funding to each development district shall be based upon the per capita assessment established by the individual development district boards. The per capita assessment and corresponding state funding levels for the nine (9) development districts are as follows:
-
- Per Capita AssessmentAnnual State Appropriation
- 1-5 cents$40,000
- 6-10 cents70,000
- 11-15 cents100,000
- 16-20 cents150,000
- 21-30 cents180,000
- 31 - to an amount over 31 cents as may be approved by the individual development district board200,000
-
- (d) For calculating the per capita assessments of the development districts in subsection (c), the board of a development district may utilize either the population counts from the latest yearly population estimates or from the decennial census figures of each city, town, metropolitan government, and county that is located in and is a member government of the development district, as reported by the United States department of commerce, bureau of the census or its federal functional equivalent. The aggregate of the funds generated by the per capita assessment may be used for the purposes of matching various federal and state programs, grants and contracts for planning, programs and activities undertaken by the development districts. The aggregate of state funds appropriated to the development districts may be used for the purpose of matching various federal programs, grants and contracts for planning, programs and activities undertaken by the development districts. Any funds generated by either the per capita assessment or the state appropriation may be utilized by the development districts to pay the operating and administrative costs of the district. Cities, towns, metropolitan governments, and counties may participate in the per capita assessment funding of the development districts in which they are located independently of each other. In order to promote regional cooperation and planning, counties may pay the per capita assessment of any of the cities or towns within the county's political boundary. Cities, towns, metropolitan governments and counties are specifically authorized to appropriate and expend funds for carrying out the purposes of this chapter.
History (9)
- Acts 1965, ch. 241, § 9
- 1968, ch. 613, § 1
- 1969, ch. 165, § 1
- 1972, ch. 830, § 1
- 1973, ch. 271, §§ 1, 2
- T.C.A., § 13-1409
- Acts 1985, ch. 429, § 1
- 2007, ch. 521, §§ 1-4
- 2013, ch. 456, §§ 1-3.
§ 13-14-112. Reporting and auditing. - (a) Each board operating under this chapter shall prepare an annual report of its activities through June 30 of each year, and submit a copy of such report to the governor, the general assembly, and the commissioner of finance and administration.
- (b)
- (1) The annual reports and all books of accounts and financial records of all funds received by grant, contract or otherwise from state, local, or federal sources shall be subject to audit annually by the comptroller of the treasury. The audit may be performed by a licensed independent public accountant selected by the board and approved by the comptroller of the treasury. The cost of any audit shall be paid by the development district.
- (2) The comptroller of the treasury shall ensure that audits are prepared in accordance with generally accepted governmental auditing standards and determine if the audits meet minimum audit standards prescribed by the comptroller of the treasury. No audit may be accepted as meeting the requirements of this section until approved by the comptroller of the treasury.
- (3) All audits shall be completed as soon as practicable after the end of the fiscal year of the development district. One (1) copy of each audit shall be furnished to each member of the board of the development district and the comptroller of the treasury. Copies of each audit shall also be made available to the press.
- (4) All audits performed by the internal audit staff of any such development district shall be conducted in accordance with the standards established by the comptroller of the treasury pursuant to § 4-3-304(9).
History (5)
- Acts 1965, ch. 241, § 10
- 1976, ch. 665, § 4
- 1978, ch. 728, § 1
- T.C.A., § 13-1410
- Acts 1984, ch. 794, § 8.
§ 13-14-113. Appropriated funds subject to approval — Matching funds required. - (a) Funds appropriated to implement this chapter are subject to the approval of the governor and the commissioner of finance and administration.
- (b) Such approval shall be given only after review by the department of economic and community development of the annual work program developed by the district to assure that such program is in accordance with the development plans of the state.
- (c) These funds or portions thereof shall be paid only upon certification by the appropriate official of each board that matching local funds are available.
History (4)
- Acts 1965, ch. 241, § 11
- 1969, ch. 165, § 2
- T.C.A., § 13-1411
- Acts 1995, ch. 501, § 6.
§ 13-14-114. Bond, insurance policy, or agreement requirements. - (a)
- (1) Any board member, executive committee member, employee officer, or any other authorized person of a development district, who receives public funds, has authority to make expenditures from public funds, or has access to any public funds, is hereby required to give bond to be made payable to the state of Tennessee with such sureties as hereinafter provided. Such bond is to be conditioned in all cases in which a different condition is not prescribed, upon the faithful discharge of the duties of such office, employment or other authorized activity in which such person is engaged during the time such person continues therein, or in the discharge of any part of such duties.
- (2)
- (A) A development district may obtain, in lieu of the surety bond required by subdivision (a)(1), a policy of insurance issued by an insurance company duly authorized to do business in this state or an agreement with a pool established by two (2) or more governmental entities pursuant to § 29-20-401 or an entity established pursuant to § 29-20-401(b)(2) for the administration of such agreement, which provides government crime coverage, employee dishonesty insurance coverage, or equivalent coverage that insures the lawful performance by officials and their employees of their fiduciary duties and responsibilities.
- (B) A policy or agreement obtained pursuant to subdivision (a)(2)(A) must have limits of not less than four hundred thousand dollars ($400,000) per occurrence.
- (C) A policy or agreement satisfying the requirements set forth in subdivision (a)(2)(A) is deemed to be a blanket official bond for each official or office identified in the policy or agreement for all purposes under this chapter.
- (D) The officials who may be covered under the policy or agreement include board members, policy council members, employees, officers, and other authorized persons of a development district who handle public funds pursuant to this chapter.
- (E) A copy of the policy or agreement evidencing the persons covered, the amount of coverage maintained, and the type of coverage provided must be filed in the office of the register of deeds where the office of the development district is located.
- (F) A policy or agreement filed pursuant to subdivision (a)(2)(E) satisfies the requirement for the filing of official bonds under subsection (e).
- (b) Such official bond shall be executed in the same form as that prescribed by § 8-19-101, for county and state officials and employees.
- (c)
- (1) Effective July 1, 2013, the minimum amount of such required bond shall be determined from the amount of revenues handled by the respective development district as reported in the last audit approved by the comptroller of the treasury. The minimum amount of the bond shall be based on revenues as follows:
- (A) Four percent (4%) of the revenues up to three million dollars ($3,000,000); and
- (B) Two percent (2%) of the excess over three million dollars ($3,000,000) shall be added.
- (2) The amounts indicated in subdivisions (c)(1)(A) and (B) shall be cumulative.
- (d) All such official bonds shall be signed by authorized individuals of a corporate surety, and such corporation shall be duly licensed to do business in this state as a surety.
- (e) The official bonds required under this section are hereby required to be recorded in the office of the register of deeds where the office of the development district is located and transmitted to the office of the county clerk in the same county for safekeeping.
- (f) No examination or certification of any of such bonds shall be required in this section.
- (g) Provisions for bonds of all state and county officers set forth in title 8, chapter 19, shall also govern the bonds of all persons covered under this section, so far as title 8, chapter 19, is not inconsistent with this section.
- (h) The respective development district shall pay the premiums for such bonds.
History (4)
- Acts 1976, ch. 665, § 6
- T.C.A., § 13-1412
- Acts 2013, ch. 315, §§ 25, 26
- 2022, ch. 873, § 1.
Chapter 16 Industrial Development § 13-16-101. Short title. - This part shall be known as the “Industrial Park Act.”
History (3)
- Acts 1959, ch. 169, § 1
- T.C.A., § 13-1301
- T.C.A., § 13-16-201.
§ 13-16-102. Part definitions. - As used in this part, unless the context otherwise requires:
- (1) “Governing body” means the board or body in which the general legislative powers of a municipality are vested;
- (2) “Industrial park” means land and rights, easements and franchises relating thereto, and may include adequate roads and streets, water and sewer facilities, utilities, and docks and terminals, as required for the use of industry, and such appurtenant land for necessary incidental use. “Industrial park” may also include a site for the establishment or location of a single industry;
- (3) “Industrial park agency” means the governing body, or the commission, board, or other agency to which powers under this part have been delegated by the governing body; and
- (4) “Municipality” means any county or incorporated city or town in this state.
History (3)
- Acts 1959, ch. 169, § 4
- T.C.A., § 13-1302
- T.C.A., § 13-16-202.
§ 13-16-103. Powers of municipality. - Subject to the conditions of this part, any municipality has the power to:
- (1) Acquire land and rights and easements therein by gift, purchase, or eminent domain, and develop the land into industrial parks within or without the municipality or partially within and partially without the municipality, and maintain and operate such industrial parks; provided, that the power of eminent domain shall be exercised only for public use, as defined in § 29-17-102, and shall not be extended to or exercised with respect to property owned or held by a corporation which is subject to regulation by the Tennessee public utility commission, the department of safety, and/or the department of transportation, and which itself possesses the power of eminent domain, except and unless:
- (A) No other property is reasonably available for the contemplated use;
- (B) The property to be taken is not reasonably necessary to the operation of the corporation owning or holding it; and
- (C) The taking will not interfere or be inconsistent with any public use for which the property is used or held;
- (2) Issue its bonds to finance in whole or in part the cost of such industrial parks, and pledge its full faith and credit and/or fees, rents, tolls or other charges for the use of or in connection with any industrial building or any public works project as provided in the Industrial Building Bond Act of 1955, compiled in title 7, chapter 55, or the Local Government Public Obligations Act of 1986, compiled in title 9, chapter 21;
- (3) Sell or lease plots of land and charge and collect fees for services made available within such industrial parks, subject to and in accordance with any agreement which may be made with bondholders; provided, except as set forth in § 13-16-107(a), that prices, rentals and fees shall be fixed and revised from time to time so as to produce, as nearly as possible, sufficient funds to provide for the prompt payment of principal and interest upon all bonds when due, and provide for the operation and maintenance of such parks and adequate depreciation accounts in connection therewith;
- (4) Pledge to the punctual payment of the bonds authorized for such purposes and interest thereon the income, revenues and proceeds from sales to be received from such industrial parks;
- (5) Accept grants and the cooperation of the state of Tennessee upon such conditions as may be provided by law;
- (6) Accept grants and the cooperation of the United States or any agency thereof in the development, maintenance, operation and financing of industrial parks and do any and all things necessary in order to avail itself of such aid and cooperation; and
- (7) Exercise all powers with respect to industrial parks that municipalities may exercise with respect to industrial buildings under the Industrial Building Bond Act of 1955, and the Industrial Development Corporations Act of 1955, compiled in title 7, chapter 53.
History (8)
- Acts 1959, ch. 169, § 5
- T.C.A., § 13-1303
- Acts 1988, ch. 750, § 47
- 1990, ch. 593, §§ 1, 2
- 1995, ch. 305, § 99
- 2017, ch. 94, § 33
- 2017, ch. 422, § 2
- T.C.A., § 13-16-203.
§ 13-16-104. Control of industrial parks. - (a) The governing body of any municipality may exercise direct control in the development, operation and maintenance of any industrial park, or may delegate by ordinance or resolution any or all powers to a commission or board, the composition, terms of office, appointment, and compensation to be determined by the governing body in such ordinance or resolution.
- (b) Such powers may be delegated to an industrial development corporation created under title 7, chapter 53, to any existing port authority, to a regional megasite authority created under title 64, chapter 6 or to similar bodies available to act as an instrumentality of the municipality.
History (4)
- Acts 1959, ch. 169, § 6
- T.C.A., § 13-1304
- Acts 2009, ch. 158, § 16
- T.C.A., § 13-16-204.
§ 13-16-105. Provision for public services. - (a) Public services required by industries should be provided by governmental and private units and agencies responsible for such services in areas encompassing industrial parks, such as financing and installation of utility services and utility agencies, construction and maintenance of service roads and streets, and storm sewers where needed, by counties or cities, and building of dock and harbor facilities by counties, cities or port authorities.
- (b) Governmental and private units and agencies are empowered to provide such services in connection with the development of industrial parks under this part.
History (3)
- Acts 1959, ch. 169, § 3
- T.C.A., § 13-1305
- T.C.A., § 13-16-205.
§ 13-16-106. Municipalities acting jointly. - The powers conferred upon municipalities under this part may be exercised by two (2) or more municipalities acting jointly, in which event the governing bodies of the municipalities acting jointly shall provide by contract the manner of development, operation and maintenance of industrial parks, or the powers may be delegated by resolution to a joint commission or board, the composition, terms of office, appointment, and compensation of same to be fixed by agreement of the governing bodies of such municipalities acting jointly. Such powers may also be delegated to an industrial development corporation created under title 7, chapter 53, to a port authority, to a regional megasite authority created under title 64, chapter 6, or to similar bodies available to act as instrumentalities of municipalities as specified in § 13-16-104.
History (4)
- Acts 1959, ch. 169, § 7
- T.C.A., § 13-1306
- Acts 2009, ch. 158, § 17
- T.C.A., § 13-16-206.
§ 13-16-107. Certificate requirements. - (a)
- (1)
- (A) Before a municipality may undertake to borrow funds to develop an industrial park under this part, it must obtain a certificate of public purpose and necessity under title 7, chapter 55, except that § 7-55-106 shall not apply to such certificate for an industrial park. The committee shall investigate, find and determine, upon application of any municipality therefor, as to whether a certificate of public purpose and necessity shall be issued to such municipality to engage in the establishment of an industrial park project under the declared public policy of this part for the economic development and advancement of the municipality, and in considering and determining whether or not such certificate shall issue, the committee shall find and determine affirmatively that:
- (i) The project is well conceived and has a reasonable prospect of success;
- (ii) There is a good probability that the project will be self-sustaining from the sale and lease of land in the industrial park, utility revenues derived from the provision and sale of utilities in the industrial park, ad valorem and other taxes resulting directly from the development of the industrial park, and other fees and charges for services provided to the industrial park;
- (iii) The project will tend to provide proper economic development of the municipality, and will encourage industry to locate there; and
- (iv) There are adequate property values and suitable financial conditions, so that the total bonded indebtedness of the municipality, solely for the purposes authorized by this part and by title 7, chapter 55, shall not exceed ten percent (10%) of the total assessed valuation of all the property in the municipality ascertained by the last completed assessment at the time of the issuance of such bonds.
- (B) Until December 31, 1992, the requirement for obtaining such certificate of public purpose and necessity shall be waived for an industrial park for which sixty percent (60%) of its funding for the second phase of development was provided by a federal grant received from the economic development administration and which on July 1, 1992, is in the final stages of completing such second phase.
- (2) When the committee has determined such facts favorably, it is authorized and empowered, having due regard to the promotion of the public policy and the general welfare herein declared, to issue a certificate of public purpose and necessity to the municipality to engage in the project. If and when such certificate is issued, it shall authorize the particular municipality to do all of the things authorized under § 13-16-103, including the issuance of bonds for the development of the industrial park and the securing of such bonds with income, revenues and proceeds from the sale of property in the municipality, any or all utility revenues of the municipality, any or all tax revenues of the municipality, including ad valorem taxes, and any other revenues, fees, rentals or charges of the municipality, or any of the foregoing as shall be approved by the committee. The certificate shall expire thirty-six (36) months from its date unless, within that time, such industrial park shall have been established; subject, however, to any delays necessitated by any litigation or acts of God; delaying the establishment of the industrial park. The issuance of such certificate of public purpose and necessity may be made contingent on the applicant supplying reasonable and satisfactory maps of the area proposed for development as an industrial park and preliminary development plans, including competent estimates of the cost of site preparation and supplying of projected utilities and services, and the extent to which appropriate private or local government agencies are prepared to supply them.
- (b)
- (1) If and when the certificate is issued, the committee therein shall fix and determine:
- (A) The extent and the amount to which the municipality may issue bonds or make expenditures for such industrial park;
- (B) What property may be acquired therefor; and
- (C) The terms upon which such acquisition may be had.
- (2) If the governing body of the municipality fails or refuses to follow the requirements made by the committee in the certificate, then the members of the governing body of the municipality voting for such failure or refusal shall be individually and personally liable, and liable on their official bonds for any loss that the municipality may sustain by reason of such failure or refusal to follow such requirements, and in addition may be compelled by injunction to comply with such requirements.
- (c) The committee is hereby authorized and empowered to adopt and put into effect all reasonable rules and regulations that it may deem necessary to carry out the provisions of this part not inconsistent herewith.
- (d) When used in this section, “industrial park project” or “project” means the acquisition of land, rights, easements and franchises relating thereto and/or the provision of any roads and streets, water and sewer facilities, utilities, docks and terminals, as well as any appurtenant land that may be reasonably necessary for incidental use thereof. This subsection (d) does not limit the authority of the committee to issue a certificate of public purpose and necessity for the purchase and/or development of a site for the location of a single industry.
- (e) Notwithstanding this section, a municipality with a population not less than three hundred thousand (300,000), according to the 2000 federal census or any subsequent federal census, shall not be required to obtain a certificate of public purpose and necessity in order to borrow funds to develop an industrial park under this part. Any such municipality that makes a total pledge of full faith and credit of the municipality related to an industrial park project shall not exceed ten percent (10%) of the total assessed valuation of all property in the municipality, ascertained by the last completed assessment at the time of issuance of the obligations. In any resolution pledging the full faith and credit and unlimited taxing power of any such municipality to secure any obligations related to the project, the governing body of the municipality shall state that the project being considered is well conceived, has a reasonable prospect for success, will provide proper economic development and employment, and will not likely become a burden on the taxpayers of the municipality.
- (f) A city or county may exercise the power of eminent domain for development of an industrial park, only with respect to property located within the jurisdictional boundaries of the city or county; or in the case of a city, also with respect to property within an urban growth boundary as defined in § 6-58-101; or in the case of a county, also with respect to property within an urban growth boundary or planned growth area as defined in § 6-58-101. Either a city or town and county, or both, operating a joint industrial park may exercise the power of eminent domain with respect to property located within the jurisdictional boundaries of the county and within an urban growth boundary and a planned growth area. Before a city or county may undertake to exercise the power of eminent domain for development of an industrial park, it must obtain a certificate of public purpose and necessity as provided in subsection (a), even if no funds will be borrowed for the project, except:
- (1) The requirements of subdivision (a)(1)(A)(iv) are not applicable to a certificate of public purpose and necessity obtained solely for the exercise of eminent domain authority; and
- (2) A certificate of public purpose and necessity for the exercise of eminent domain, in addition to the applicable findings set forth in subdivision (a)(1)(A), shall be based on a finding that the city or county has been unable, through good faith negotiations, to acquire the property to be acquired by eminent domain or any alternative property that would be of comparable suitability for the project. Good faith negotiations shall be established, if the city or county has made an offer to purchase the property for an amount equal to or in excess of the fair market value, determined by the average of at least two (2) appraisals by independent, qualified appraisers.
History (11)
- Acts 1959, ch. 169, § 8
- 1963, ch. 251, § 1
- 1969, ch. 193, § 1
- 1972, ch. 797, § 1
- T.C.A., § 13-1307
- Acts 1989, ch. 394, §§ 1-3
- 1990, ch. 593, §§ 3-5
- 1992, ch. 945, § 3
- 2006, ch. 770, §§ 3, 4
- 2006, ch. 863, § 3
- T.C.A., § 13-16-207.
Chapter 18 Major Energy Project Act of 1981 § 13-18-102. Chapter definitions. - As used in this chapter, unless the context clearly otherwise requires:
- (1) “Applicant” means any person planning or proposing a project which has been designated a major energy project;
- (2) “Approval” means any permit, license, lease, certificate, right-of-way, or other grant, rate, ruling, or decision authorized or issued by an agency of state or local government;
- (3) “Contact agency” means the department of economic and community development;
- (4) “Joint review process” means the process provided by §§ 13-18-108 — 13-18-115 by which the applications for permits or approvals required by state, local, or federal agencies for a major energy project are consolidated and coordinated;
- (5) “Joint review staff” means those persons from involved agencies who are designated to staff the joint review team;
- (6) “Joint review team” or “team” means a coordinating group organized to conduct the joint review process on a major energy project. It is an officially composed group of government agencies organized to work with the applicant to coordinate government review and decision-making activities and is composed of involved state, local, and federal agencies and the applicant;
- (7) “Lead local agency” means the local department or agency designated by the chief executive officer of that local government to be most affected by or involved in the proposed major energy project;
- (8) “Lead state agency” means the department or agency of the state determined by the governor to be most involved in the joint review process;
- (9) “Local government” means any government body, including any municipality, county, or utility district or any political subdivision of this state;
- (10) “Local law” means the rules, regulations, resolutions, ordinances, codes, case law, and other laws of any local government;
- (11) “Major energy project” means any project at one (1) physical location which has been determined by the contact agency to be in the state interest pursuant to its authority under § 13-18-103, which has a capital cost of one hundred million dollars ($100,000,000) or more, and which is likely to reduce the dependence of the state on imported energy projects;
- (12) “Person” means any individual, cooperative, partnership, corporation, association, consortium, unincorporated organization, trust, estate, nonprofit institution or any entity organized for a common purpose, and any instrumentality of state or local government;
- (13) “Project decision schedule” or “schedule” means the timetable set out by the joint review team in which to accomplish the joint review process, submit applications, hold hearings, and obtain approval of involved agencies;
- (14) “State agency” means any general or special purpose executive agency of Tennessee;
- (15) “State law” means the laws, rules, resolutions and case law of Tennessee; and
- (16) “Team leader” means the state or local lead agency which is selected by the joint review team to lead the team and coordinate and supervise the joint review process.
§ 13-18-103. Applications for designation as major energy project, joint review, and expedited review — Revocation or termination — Judicial review. - (a)
- (1) Any person planning or proposing an energy project may apply to the contact agency for an order designating such project as a priority energy project. An application shall include such detailed information concerning the project as the contact agency may require by rule to enable the contact agency to make a designation, including a detailed design proposal for the project, detailed economic data on the costs of the project, and an analysis of environmental impacts of the project; provided, that the adequacy of an application under this section shall not be subject to judicial review.
- (2) Not later than five (5) days after the receipt of a designation request, the contact agency shall publish notice of the filing of the designation request, together with a brief description thereof in newspapers of general circulation in the area of the project and in Nashville. The contact agency shall also keep on file and make available for public inspection and copying at the main office of the contact agency and in such other places as the contact agency deems appropriate such portions of the full designation request.
- (3) No project shall be designated a major energy project unless the contact agency finds that the project is likely to reduce directly or indirectly the state's dependence on imported energy and meets the capital expenditure requirements set out in § 13-18-102(11).
- (b)
- (1) Any person who plans to develop an energy project may request the contact agency to designate the project a major energy project and to approve the project for joint review. The chief executive officer of the contact agency shall determine whether the proposed project is a major energy project and whether it qualifies for the joint review process. The chief executive officer of the contact agency shall consult with agencies who will be involved in issuing permits and with any other agency to determine whether the proposed project should be so designated. If the chief executive officer decides the project should be so designated, the chief executive officer shall recommend the designation to the governor for the governor's concurrence.
- (2) If the governor approves designation of the proposed project as a major energy project, the governor shall issue an executive order designating a lead state agency, approving the project for the joint review process, and providing for a joint review staff.
- (3) An applicant may request the joint review process for parts of the regulatory as well as for the entire process.
- (c)
- (1) In the alternative, any person who plans to develop an energy project may request the contact agency to designate the project a major energy project and to approve the project for expedited review. In the case of a request for expedited review, the applicant shall indicate which agencies or parts of the regulatory process the applicant wishes to have considered under the terms of this chapter. Expedited review shall enjoy the expedited judicial hearings provided for by this chapter. In the case of a request for expedited review, the chief executive officer shall make the determinations provided for in subsections (a) and (b) and submit such chief executive officer's recommendation to the governor. If the governor approves, the governor has to issue an executive order specifying the agencies or parts of the regulatory process to be included in expedited review and the procedure to be followed.
- (2) An applicant may seek to be declared a major energy project and to utilize expedited review solely to enjoy any one (1) of the benefits set out in this chapter, such as expedited judicial review or consolidation of hearings, but such applicant shall be limited to the relief sought.
- (d) A request for designation of a project as a major energy project and use of the joint review process, or for expedited review, shall be approved or rejected within one (1) month of the initial request.
- (e) Once an energy project has been designated a major energy project, and the joint review process or expedited review process has begun, the designation and process shall not be revoked or terminated unless requested by the applicant or unless procured by fraud or misrepresentation.
- (f) A decision of the contact agency or governor designating an energy project as a major energy project shall not be subject to judicial review, except for fraud or misrepresentation and no court shall hold unlawful or set aside any department or agency action, finding, rule, or conclusion on the basis of a decision designating an energy project as a major energy project.
§ 13-18-104. Joint review team — State lead agency — Local lead agency. - (a) If a project is designated a major energy project and approved for the joint review process, a joint review team shall be formed. The state agencies in the team shall be designated by the governor and shall include all departments or agencies whose approval will be required for any state-issued permit which the project may require. The governor shall designate one (1) agency to be the state lead agency.
- (b) In addition to state agencies, the team shall include any local agencies whose approvals may be required in the development of the project. The joint review staff shall be responsible for identifying and contacting each involved local agency. If a local government has more than one (1) involved agency, its chief executive officer shall designate the local lead agency.
- (c) In addition to state and local agencies, federal agencies whose approvals may be required in the development of the project shall be invited to join the team. The joint review staff shall be responsible for identifying and contacting each involved local agency.
- (d) In addition to all governmental agencies, the team shall include the project applicant as an ex officio member.
§ 13-18-105. Duty of joining local agency to participate in and abide by joint review process schedule. - If a local agency joins the team, the head of that agency and the chief executive officer of the local government in which the agency is located shall agree to participate in the joint review process and abide by the project decision schedule for all locally required permits, licenses, or other approvals. Such agreement shall not negate the independent authority of the local agency or government to issue its ultimate approval or disapproval, so long as such decision is made in accordance with the project decision schedule.
§ 13-18-107. Meeting of joint review team — Timing — Notice. - (a) After all involved state, local, and federal agencies have been identified, the joint review staff shall call a meeting of the joint review team.
- (b) Such meeting shall be called not more than six (6) weeks after the project is designated a major energy project, and the participants shall be given at least two (2) weeks notice of the meeting. The notice shall include the time, date and place of the meeting, the agenda to be considered, and any additional information needed to inform participants or the public of the purpose of the meeting. The notice shall be advertised in a newspaper of general circulation.
§ 13-18-108. Selection of team leader — Presentation by applicant — Draft agreement. - (a) At the first meeting, the joint review team shall select a participating agency to be team leader.
- (b) The applicant shall make a presentation to the team at this meeting on the project, stating what actions it has already undertaken, what actions will be undertaken in the future, and what actions it would like the team to take.
- (c) Based on the information submitted by the applicant to the contact agency, the joint review staff shall submit a draft agreement of responsibilities to the team describing the statutory and regulatory jurisdiction, duties and responsibilities of each permitting and nonpermitting agency at each level of government that may review the proposed project. It shall also describe the responsibilities and general schedule of the applicant.
§ 13-18-109. Second meeting — Completion of agreement of responsibility. - (a) After the team members have had a reasonable time to review the draft agreement and the applicant's presentation, but not more than four (4) weeks, the team leader shall call a second meeting. At this meeting the team shall complete the agreement of responsibility. When completed it shall be signed by the team members.
- (b) Notice of this meeting shall be given in accordance with § 13-18-107.
§ 13-18-110. Additional meetings. - (a) After the agreement of responsibility has been signed, the team shall hold such additional meetings as it deems necessary to hear public comment, to gather information on the project, and clarify the responsibilities of the team members. At these meetings, the team and the applicant shall also develop a tentative project decision schedule.
- (b) At least two (2) of these meetings shall be held in the vicinity of the project site.
- (c) Not more than fourteen (14) weeks shall be used to complete this process.
- (d) Adequate public notice shall be given prior to each meeting, in accordance with § 13-18-107.
History (1)
- Acts 1981, ch. 131, § 10.
§ 13-18-111. Consolidation of applications — Project decision schedule. - (a) During the meetings provided for in § 13-18-110, the applicant and the involved agencies shall agree whether or not to attempt a coordination of applications. If possible, the applicant and the team should attempt to agree on one (1) consolidated application designed to satisfy the requirements of all participating agencies without violating administrative and substantive law.
- (b) If one (1) consolidated application is not possible, the applicant and the team shall endeavor to consolidate as many different applications as possible into one (1) application. It is expected that all state and local applications will be so consolidated.
- (c) When agreement on consolidation of applications has been reached, a project decision schedule shall be adopted to chart the application and approval process. The schedule may subsequently be modified by the team if necessary, but the general time limits agreed on by the applicant and the permitting agencies should be maintained.
History (1)
- Acts 1981, ch. 131, § 11.
§ 13-18-112. Preapplication meetings — Failure to participate. - (a) Beginning as early in the joint review process as possible, but not less than thirty (30) days prior to application, the applicant and permitting agencies shall hold preapplication meetings to determine what each expects from the other so as to accelerate the application process.
- (b) The applicant shall also meet with public individuals and groups who have expressed or have identified interests in the project, either through the medium of the meeting provided for in §§ 13-18-108 — 13-18-110, or otherwise, to identify and deal with the concerns of such persons.
- (c) If persons who have had the opportunity to participate in preapplication meetings and raise concerns did not do so, it shall be noted in the application record.
- (d) Notice of such meetings shall be given in accordance with § 13-18-107.
History (1)
- Acts 1981, ch. 131, § 12.
§ 13-18-113. Implementation and compliance with project decision schedule. - (a) When the project decision schedule has been agreed on, the application shall be submitted and actions taken in accordance with it. Each permitting agency and the applicant shall endeavor to comply with the schedule so as to complete the permitting process as expeditiously as possible, with due regard for public health, safety, and welfare, and the rights of the applicant. The team leader shall monitor implementation of the schedule and act to resolve delays or disputes.
- (b) No project decision schedule shall encompass a period of more than two (2) years unless the team finds that additional time is necessary.
- (c) The time limits for agencies' actions set out in the project decision schedule shall be followed unless the team determines that different deadlines would help expedite or coordinate government review.
- (d) Notwithstanding any other provision of law, the time limits and special procedures imposed by the project decision schedule shall constitute the lawful decision-making deadlines and procedures for reviewing applications filed by the applicant.
History (1)
- Acts 1981, ch. 131, § 13.
§ 13-18-114. Special procedures for state agencies authorized. - (a) Notwithstanding any other provision of law, the team may establish special procedures in the project decision schedule for any state agency subject to such schedule.
- (b) Such procedures shall be consistent with all statutes and rules, regulations and orders promulgated by the agency except that the team may require the agency to:
- (1) Consolidate, to the maximum extent practicable, its proceedings respecting actions and decisions which are subject to the project decision schedule with the proceedings of other agencies, including other state and local agencies which are also subject to such schedule;
- (2) Establish permit, license, and other filing requirements which eliminate unnecessary duplication, and, to the maximum extent practicable, provide for uniform collection, analysis, and reporting of such data;
- (3) Substitute legislative-type hearings in lieu of trial-type hearings; provided, that in any cases in which:
- (A) A formal hearing including an opportunity for cross-examination of witnesses is authorized by any provision of statute other than this chapter; and
- (B) The agency determines there is a genuine and substantial dispute of fact which can only be resolved with sufficient accuracy by the introduction of evidence in a formal hearing;
- the agency shall designate such dispute for resolution in a formal hearing conducted in accordance with the statute providing for such hearing;
- (4) Shorten time periods for actions required by agency procedures;
- (5) Conduct hearings, except where such hearings are conducted pursuant to subdivision (b)(3), in which parties may submit such written data, views, or arguments and such written responses to the data, views or arguments submitted by other parties, as the team, agency, or the presiding employee may specify and in which oral presentation is limited to brief oral argument with respect to the written submissions;
- (6) Establish procedures for issuing final decisions in which the presiding employee at any hearing may be required to certify the hearing record to the agency for decision without an initial decision. Such procedures may also require the presiding employee to submit the record to the agency without a recommended or tentative decision, but with such analysis of the record as the agency may specify. The agency itself shall then make the decision; or
- (7) Utilize any combination of procedures authorized by this subsection (b).
History (1)
- Acts 1981, ch. 131, § 14.
§ 13-18-115. Judicial action to enforce schedule. - (a) If any state or local agency has failed or is reasonably likely to fail to comply with a project decision schedule, the team leader may bring an enforcement action in the appropriate chancery court.
- (b) In any action brought under this section, if the court determines that any state or local agency has failed or is reasonably likely to fail to comply with a project decision schedule, the court shall order the agency to act in accordance with the existing schedule where such action would be practical and would not deny any person due process of law.
- (c) If the court determines that the agency has failed or is reasonably likely to fail to comply with a project decision schedule but that action in accordance with the project decision schedule would clearly be impracticable or would deny any person due process of law, the court shall instruct the team to revise the project decision schedule to require the agency to complete consideration of the applicant's request as soon as practicable, consistent with due process of law. Immediately upon receipt from the team of a certified copy of the revised project decision schedule, the court shall issue an order directing the agency to comply with such schedule.
- (d) Notwithstanding any other provision of law including any other provision of this chapter, any action brought under this section shall be assigned for hearing and completed at the earliest possible date, shall, to the greatest extent practicable, take precedence over all other matters pending on the docket of the court at the time, and shall be expedited in every way by such court.
History (1)
- Acts 1981, ch. 131, § 15.
§ 13-18-116. Consolidated hearings. - (a) If agreed to by the team and the applicant, consolidated hearings shall be used when possible. Such hearings shall include all hearings which agencies would be required to conduct individually. The team and the applicant shall determine which agencies shall be included in the consolidated hearings, but no agency shall be included over the objection of the applicant, if the action required from that agency is merely routine or administrative. If an application by the applicant to a particular agency would not otherwise require a hearing, such agency shall not be included in the consolidated hearing and no action taken in the consolidated hearing shall delay such application.
- (b) The consolidated hearing is intended to combine public hearings concerned with similar regulatory topics, e.g., water quality, into one (1) hearing, thus avoiding the need for additional individual hearings. Issues to be considered in the hearing must be common to each agency and clearly indicated in the agenda and public notice. A common hearing procedure must be developed that satisfies due process and individual agency statutes. One (1) hearing record should be prepared for use by each agency.
- (c) Procedural and organizational arrangements for the hearing should be made as far in advance as possible. Guidelines for organizing the hearing are provided below:
- (1) The team and applicant should identify those public hearings that could be coordinated. If possible, such identification should occur when the project decision schedule is formulated;
- (2) The team, in conjunction with the applicant and relevant agencies, should decide whether it is feasible to coordinate those hearings and which coordinated approach would be desirable;
- (3) Assuming coordination is feasible, the team leader should appoint one (1) team member to develop a coordinated hearing plan;
- (4) The team member assigned to develop the plan will arrange various meetings, as necessary, with relevant agency representatives, their attorneys and the proponent to develop and review proposed plans;
- (5) Once a plan has been agreed upon, the decision schedule should be modified, if necessary, to reflect the hearing agreement;
- (6) If the participating agencies and the proponent agree, the team member assigned to coordinate development of the joint hearing plan should continue to coordinate implementation of the plan; and
- (7) The coordinated hearing plan should be discussed at one (1) or more team meetings to allow for public comment.
History (1)
- Acts 1981, ch. 131, § 16.
§ 13-18-117. State or local timing provisions modified to coincide with federal law. - To effect maximum consolidation and coordination of the permitting process, any state or local law or regulation on the timing for filing documents, holding hearings, or providing notice is hereby modified to the necessary extent to coincide with the applicable federal law or regulation, if the federal agency involved participates in the joint review process.
History (1)
- Acts 1981, ch. 131, § 17.
§ 13-18-118. Waiver of state or local law enacted after commencement of construction. - (a) The joint review team is authorized to waive application of any state or local statutes, regulations, or requirements enacted or promulgated after the commencement of construction of a major energy project, unless the general assembly explicitly prohibits such waiver. No waiver pursuant to this section shall take effect unless:
- (1) The team finds that the waiver is necessary to ensure timely and cost-effective completion and operation of the facility; and
- (2) The team, after consultation with the agency responsible for implementing the statute, regulation, or requirement to be waived, finds that the waiver will not unduly endanger public health or safety.
- (b)
- (1) For the purposes of this section, “commencement of construction” means that the owner or operator of a major energy project has obtained all necessary preconstruction approvals or permits required by state or local laws or regulations and either has:
- (A) Begun or caused to begin, a continuous program of physical on-site construction of the facility, including site clearance, grading, dredging, or land filling in preparation for the fabrication, erection, or installation of the building components of the facility; or
- (B) Entered into binding agreements or contractual obligations, which cannot be cancelled or modified without substantial loss to the owner or operator, to undertake a program of construction of the facility to be completed within a reasonable time.
- (2) For the purpose of this subsection (b), interruptions resulting from acts of God, strikes, litigation, or other matters beyond the control of the owner shall be disregarded in determining whether such construction is continuous.
History (1)
- Acts 1981, ch. 131, § 18.
§ 13-18-119. Modification of project decision schedule. - (a) At any time prior to the completion of the major energy project, the joint review team may:
- (1) Revise the special procedures for state or local agencies on the project decision schedule;
- (2) Add new special procedures for state or local agencies on the project decision schedule;
- (3) Revise any deadline on the project decision schedule; or
- (4) Add any new deadline on the project decision schedule.
- (b) No modification in the project decision schedule shall be allowed unless the team determines that:
- (1) Such modification would further the purposes of this chapter;
- (2) Continued adherence to the schedule would be impractical or would not be in the public interest;
- (3) In the case of a request for a modification by an agency, that the agency has exercised due diligence in attempting to comply with the schedule;
- (4) In the case of a request for a modification by an applicant, that the applicant has exercised due diligence in attempting to comply with the schedule; and
- (5) Except as provided by this section, such modification is consistent with § 13-18-114 and is published in a newspaper of general circulation.
History (1)
- Acts 1981, ch. 131, § 19.
§ 13-18-120. Certification of approvals — Effect. - (a) If the joint review team has been notified by the agencies with authority to grant such approvals or perform such actions, or by a reviewing court, that all agency actions and approvals on the project decision schedules relating to a priority energy project:
- (1) Have been granted;
- (2) Have been performed; or
- (3) Are not necessary;
- and if judicial review of such actions or approvals is completed, then the team shall certify the same. Such certification shall indicate any conditions and the expiration date of any approvals that have been granted to the project.
- (b) A certificate issued by the team under subsection (a) shall constitute conclusive evidence in any judicial or executive proceeding that all actions and approvals necessary to the completion and initial operation of the project have been granted for the duration and subject to the conditions specified on the certificate.
History (1)
- Acts 1981, ch. 131, § 20.
§ 13-18-121. Intervention or appearance in other action. - (a) The joint review team, or the applicant individually, may intervene in any state or local agency proceeding if such agency proceeding involves an action pursuant to this chapter or involving the project.
- (b) The joint review team, or the applicant individually, may appear as a party of right in any judicial proceeding involving an action pursuant to this chapter or involving the project.
History (1)
- Acts 1981, ch. 131, § 21.
§ 13-18-122. Appeals — Consequent revision of project decision schedule. - (a) Any judicial appeal which is provided for in the permitting process of any individual agency shall be permitted when such agency joins in the joint review process, and any action of the joint review team in conducting such process may be appealed if such action by the permitting agency would be appealable.
- (b) Unless specified otherwise, appeals shall be made to the chancery court for Davidson County, and shall be given priority by that court and heard before any other action not already under consideration by that court.
- (c) Any appeal from a decision of the chancery court shall be made directly to the Tennessee supreme court and be expedited by that court. Any review by the Tennessee supreme court shall be assigned for hearing and completed at the earliest possible date, shall to the greatest extent practicable take precedence over all other matters on the docket of the court at that time, and shall be expedited in every way by such court.
- (d) Immediately following any decision remanding to an agency any case or controversy involving the validity of this chapter or an action pursuant to this chapter, the joint review team shall revise the project decision schedule as necessary to expedite any further proceedings required by the decision of the court. Such revisions shall be consistent with § 13-18-119.
History (1)
- Acts 1981, ch. 131, § 22.
§ 13-18-123. Time limits for petitions for review. - (a) Except as provided by subsection (b), any petition for review of any action pursuant to this chapter or of the validity of this chapter shall be brought not later than twenty (20) days following the date of actual or constructive notice of the final agency action relating to the action which is being challenged.
- (b) Any petition for review of the reasonableness of any deadline in a project decision schedule shall be brought not later than thirty (30) days after such deadline is listed on the project decision schedule and published in a newspaper of general circulation or such challenge shall be barred. The party challenging the reasonableness of the deadline shall have the burden of proof.
- (c) Any petition for review of the validity of this chapter or of any action pursuant to this chapter shall be barred unless a complaint is filed prior to the expiration of time limits prescribed by subsections (a) and (b).
History (1)
- Acts 1981, ch. 131, § 23.
§ 13-18-124. Limitations on injunctive relief not part of final judgment. - (a) Except as provided in subsection (b), no court shall have jurisdiction to grant any injunctive relief lasting longer than ninety (90) days against any act pursuant to this chapter, except in conjunction with the final judgment entered in a case.
- (b) No court shall have jurisdiction to grant any injunctive relief preventing the enforcement of a project decision schedule except in conjunction with a final judgment. If the court on review determines that a deadline on a project decision schedule is not reasonable, the court may instruct the board to extend the deadline period.
History (1)
- Acts 1981, ch. 131, § 24.
§ 13-18-125. Expedited review procedure. - If the applicant seeks an expedited review under § 13-18-103(c), the applicant and the agencies which are involved may utilize any provision of this chapter, including project decision schedules, consolidated hearings, and all provisions for expedited judicial review. When using a procedure, such as a project decision schedule, the applicant and the agency or agencies involved in the expedited review, acting together, are authorized to take any action or do anything that a joint review team may or should do, and for that purpose may act as a joint review team.
History (1)
- Acts 1981, ch. 131, § 25.
§ 13-18-126. All state entities authorized to provide assistance — Composition of joint review staff — Loans of personnel. - (a) All departments, agencies, or other entities of state government, including the University of Tennessee and institutions operated by the board of regents, are authorized to provide any assistance requested by the joint review team, the team leader, or the contact agency.
- (b) The joint review staff may be drawn from any of the preceding entities and personnel shall be placed on loan to the team at the request of the team leader. The loan shall continue for the term of the joint review process, and for a reasonable time thereafter, and during such period the compensation, benefits, and expenses of such loaned employee shall continue to be paid by the employing entity.
History (1)
- Acts 1981, ch. 131, § 47.
§ 13-18-127. Rules and regulations. - The contact agency or joint review team or team leader is authorized to promulgate rules and regulations to effectuate the purposes of this chapter. Rules and regulations procedural in nature only shall not be subject to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Any other rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act.
History (1)
- Acts 1981, ch. 131, § 46.
§ 13-18-128. Statutory purpose — Liberal construction. - This chapter is declared to be remedial in nature to reduce the reliance of Tennessee on imported energy products, and this chapter shall be liberally construed to effectuate its purposes and provide for the most rapid development of major energy projects consistent with public health and safety.
History (1)
- Acts 1981, ch. 131, § 45.
Chapter 19 Energy Conservation Code § 13-19-101. [Repealed]
History (6)
- Acts 1978, ch. 888, § 1
- T.C.A., § 13-2501
- Acts 1993, ch. 193, § 1
- 1994, ch. 977, § 1
- 2003, ch. 329, § 1
- repealed by Acts 2023, ch. 312, § 2, effective July 1, 2023.
§ 13-19-102. Application — Utilization of solar hot water heating systems. - (a) The state code for energy conservation established by this chapter shall govern the design and construction of new buildings and structures or portions thereof and additions to existing buildings that provide facilities or shelter for public assembly, educational, business, mercantile, institutional, storage, and residential occupancies, as well as those portions of factory and industrial occupancies designed primarily for human occupancy by regulating their exterior envelopes and the selection of their heating, ventilating and air conditioning systems, service water heating, electrical distribution and illuminating systems and equipment for effective use of energy.
- (b) The state building commission shall utilize solar hot water heating systems if cost-efficient over the term of the bonds in any projects that involve conventional hot water systems.
History (3)
- Acts 1978, ch. 888, § 2
- 1979, ch. 403, § 1
- T.C.A., § 13-2502.
§ 13-19-103. Exemptions. - Buildings are exempt from this code as follows:
- (1) All nonresidential farm buildings;
- (2) All temporary buildings used exclusively for construction purposes; and
- (3) [Deleted by 2023 amendment.]
- (4) Additions to one-family and two-family dwellings which:
- (A) Are less than ten percent (10%) of the square footage of the dwelling; and
- (B) Have more than fifty percent (50%) of the total outside wall and roof space composed of glass.
History (6)
- Acts 1978, ch. 888, § 3
- T.C.A., § 13-2503
- Acts 1993, ch. 193, § 2
- 1994, ch. 977, §§ 1, 2
- 2003, ch. 329, § 2
- 2023, ch. 312, § 3.
§ 13-19-104. Amendment to code. - Section 104.1 of the Model Energy Code, 1992 Edition shall be amended by deleting the period at the end of the section and replacing it with a semicolon followed by these words “however, the building official may not require submission of plans prepared by a licensed engineer or architect in the case of plans for single family dwellings and duplexes.”
History (4)
- Acts 1978, ch. 888, § 4
- T.C.A., § 13-2504
- Acts 1993, ch. 193, § 3
- 1994, ch. 977, § 1.
§ 13-19-105. Enforcement. - It is the responsibility of every city, county, town, municipal corporation, and metropolitan government to enforce this chapter. It is the responsibility of the state building commission and its staff to enforce this chapter as to any buildings designed or constructed, regardless of location, under its supervision, in accordance with § 4-15-106.
History (3)
- Acts 1978, ch. 888, § 5
- 1979, ch. 403, § 1
- T.C.A., § 13-2505.
§ 13-19-106. [Repealed]
History (3)
- Acts 1978, ch. 888, § 6
- T.C.A., § 13-2506
- repealed by Acts 2023, ch. 312, § 1, effective July 1, 2023.
§ 13-19-107. Fees. - Local governments may charge a reasonable fee for each permit, to offset the costs of administration, inspection, and enforcement of the code, as local government sees fit. The fee may not accrue to the general revenue of the local government or by any other application become subject to laws regulating local taxation.
History (2)
- Acts 1978, ch. 888, § 7
- T.C.A., § 13-2507.
Chapter 20 Housing Authorities Law Part 1 General Provisions § 13-20-101. Short title. - This chapter may be referred to as the “Housing Authorities Law.”
History (3)
- Acts 1935 (Ex. Sess.), ch. 20, § 1
- C. Supp. 1950, § 3647.1
- T.C.A. (orig. ed.), § 13-801.
§ 13-20-102. Chapter definitions. - As used in this chapter, unless the context otherwise requires:
- (1) “Authority” or “housing authority” means a public body and a body corporate and politic organized in accordance with this chapter for the purposes, with the powers, and subject to the restrictions, hereinafter set forth;
- (2) “Bonds” means any bonds, interim certificates, notes, debentures, or other obligations of the authority issued pursuant to this chapter;
- (3) “Business” means any lawful activity conducted primarily:
- (A) For the purchase, sale, lease and rental of personal and real property, and for the manufacturing, processing, or marketing of products, commodities, or any other personal property;
- (B) For the sale of services to the public; or
- (C) By a nonprofit organization;
- (4) “City” means the city or town which is, or is about to be, included in the territorial boundaries of an authority when created hereunder;
- (5) “City clerk” and “mayor” means the clerk and mayor, respectively, of the city, or the officers thereof, charged with the duties customarily imposed on the clerk and mayor, respectively;
- (6) “Commissioner” means one (1) of the members of an authority appointed in accordance with this chapter;
- (7) “Community facilities” includes real and personal property, and buildings and equipment for recreation or social assemblies, for educational, health or welfare purposes and necessary utilities when designed primarily for the benefit and use of the housing authority and/or the occupants of the dwelling accommodations;
- (8) “Contract” means any agreement of an authority with or for the benefit of an obligee whether contained in a resolution, trust indenture, mortgage, lease, bond or other instrument;
- (9) “Council” means the legislative body, council, board of commissioners, board of trustees, or other body charged with governing the city;
- (10) “Dwelling unit” means a building or structure used as a place of residence;
- (11) “Farmers of low income” means persons or families who at the time of their admission to occupancy in a dwelling of the authority:
- (A) Live under unsafe or unsanitary housing conditions;
- (B) Derive their principal income from operating or working upon a farm; and
- (C) Had an aggregate average annual net income for the three (3) years preceding their admission that was less than the amount determined by the authority to be necessary, within its area of operations, to enable them, without financial assistance, to obtain decent, safe, and sanitary housing, without overcrowding;
- (12) “Federal government” includes the United States, or any agency, instrumentality, corporate or otherwise, of the United States;
- (13) “Governing body” means the council of any city;
- (14) “Government” includes the state and federal governments and any subdivision, agency or instrumentality, corporate or otherwise, of either of them;
- (15)
- (A) “Housing project” includes all real and personal property, buildings and improvements, stores, offices, lands for farming and gardening, and community facilities acquired or constructed or to be acquired or constructed pursuant to a single plan or undertaking, to:
- (i) Demolish, clear, remove, alter or repair unsanitary or unsafe housing; and/or
- (ii) Provide safe and sanitary dwelling accommodations for persons of low income;
- (B) “Housing project” may also be applied to the planning of the buildings and improvements, the acquisition of property, the demolition of existing structures, the construction, reconstruction, alteration and repair of the improvements, and all other work in connection therewith. “Housing project” may also include such buildings and equipment for recreational or social assemblies for educational, health or welfare purposes, and such necessary utilities, as are designed primarily for the benefit and use of the housing authority and/or the occupants of such dwelling accommodations;
- (16) “Mixed-finance project” means a project that is financially assisted by private resources, which may include low-income housing tax credits, in addition to an amount provided under any state or federal program. “Mixed-finance project” includes a project that is developed by:
- (A) An authority or by an entity affiliated with an authority;
- (B) A partnership, a limited liability company, or other entity in which the authority, or an entity affiliated with an authority, is a general partner, managing member, or otherwise participates in the activities of the entity; or
- (C) Any entity that grants to the authority the right of first refusal and first option to purchase, after the close of the compliance period, the qualified low-income building in which the public housing units exist in accordance with the Internal Revenue Code of 1986, § 42(i)(7) (26 U.S.C. § 42(i)(7));
- (17) “Mortgage” includes deeds of trust, mortgages, building and loan contracts or other instruments conveying real or personal property as security for bonds and conferring a right to foreclose and cause a sale thereof;
- (18) “Municipality” means any city, town, or village or other municipality in the state;
- (19) “Obligee of the authority” or “obligee” includes any bondholder, trustee or trustees for any bondholders, any lessor demising property to the authority used in connection with a housing project or any assignee or assignees of the lessor's interest or any part thereof, and the United States, when it is a party to any contract with the authority;
- (20) “Persons of low income” means persons or families who lack the amount of income which is necessary, as determined by the authority undertaking the housing project, to enable them, without financial assistance, to live in decent, safe, and sanitary dwellings, without overcrowding;
- (21) “Real property” includes lands, lands under water, structures, and any and all easements, franchises and incorporeal hereditaments and every estate and right therein, legal and equitable, including terms for years and liens by way of judgment, mortgage or otherwise;
- (22) “Representative district” means any division or district of any city or municipality which is created for the purpose of electing a representative to the governing body of the city or municipality;
- (23) “State” means the state of Tennessee;
- (24) “Taxing agency” means any county, city, town or metropolitan government in the state; and
- (25) “Trust indenture” includes instruments pledging the revenues of real or personal properties but not conveying such properties or conferring a right to foreclose and cause a sale thereof.
History (11)
- Acts 1935 (Ex.Sess.), ch. 20, § 3
- 1935 (Ex.Sess.), ch. 44, § 2
- 1935 (Ex.Sess.), ch. 45, § 2
- 1937, ch. 234, § 1
- 1943, ch. 22, §§ 2-4
- C. Supp. 1950, § 3647.2 (Williams, §§ 3647.3, 3647.31, 3647.38)
- Acts 1965, ch. 193, § 1
- 1972, ch. 690, § 1
- 1978, ch. 854, § 1
- T.C.A. (orig. ed.), § 13-802
- Acts 1999, ch. 243, § 2.
§ 13-20-103. Meetings and residence of commissioners. - Nothing contained in this chapter shall be construed to prevent meetings of the commissioners anywhere within the perimeter boundaries of the area of operation of the authority or within any additional area where the housing authority is authorized to undertake a housing project, nor to prevent the appointment of any person as a commissioner of the authority who resides within such boundaries or such additional area, and who is otherwise eligible for such appointment under this chapter.
History (3)
- Acts 1935 (Ex. Sess.), ch. 20, § 44, as added by Acts 1943, ch. 22, § 6
- C. Supp. 1950, § 3647.29H (Williams, § 3647.29t)
- T.C.A. (orig. ed.), § 13-803.
§ 13-20-104. Powers of housing authority. - (a) An authority has the power to:
- (1) Investigate into living, dwelling and housing conditions and into the means and methods of improving such conditions;
- (2) Determine where unsafe, or unsanitary dwelling or housing conditions exist;
- (3) Study and make recommendations, in cooperation with any city, municipal or regional planning commission, concerning the plan of any city or municipality located within its boundaries in relation to the problem of clearing, replanning and reconstruction of areas in which unsafe, or unsanitary dwelling or housing conditions exist, and concerning provisions for dwelling accommodations for persons of low income;
- (4) Prepare, carry out and operate housing projects;
- (5) Provide for the construction, reconstruction, rehabilitation, improvement, alteration or repair of any housing project or any part thereof by direct sponsorship of the authority, by the purchase of a mortgage or by the making of a mortgage loan to a not-for-profit entity or corporation. In the event it becomes necessary for an authority to issue bonds for the obtaining of capital to purchase a mortgage or the making of a mortgage loan as provided for in this section, the bond issue shall first be approved by ordinance or resolution of the local governing body;
- (6) Own, operate, assist, or otherwise participate in one (1) or more mixed-finance projects to provide for the construction, reconstruction, rehabilitation, improvement, alteration or repair of any housing project or any part thereof. An authority may provide capital assistance, operating assistance and financing assistance to a mixed-finance project in the form of a grant, loan, guaranty, collateralization or other form of investment in the project, or other form of public or private borrowings, for the construction or rehabilitation of a housing project;
- (7) Take over by purchase, lease or otherwise any housing project located within its boundaries undertaken by any government, or by any city or municipality located in whole or in part within its boundaries;
- (8) Manage as agent of any city or municipality located in whole or in part within its boundaries any housing project constructed or owned by such city;
- (9) Act as agent for the federal government in connection with the acquisition, construction, operation and/or management of a housing project or any part thereof;
- (10) Arrange with any city or municipality located in whole or in part within its boundaries or with a government for the furnishing, replanning, installing, opening or closing of streets, roads, roadways, alleys, sidewalks or other places or facilities;
- (11) Arrange for the acquisition by such city, municipality, or government of property, option or property rights;
- (12) Arrange for the furnishing of property or services in connection with a project;
- (13) Arrange with the state, its subdivisions and agencies, and any county, city or municipality of the state, to the extent that it is within the scope of each of their respective functions:
- (A) Cause the services customarily provided by each of them to be rendered for the benefit of such housing authority and/or the occupants of any housing projects;
- (B) Provide and maintain parks and sewerage, water and other facilities adjacent to or in connection with housing projects; and
- (C) Change the city or municipality map, to plan, replan, zone or rezone any part of the city or municipality;
- (14) Lease or rent any of the dwellings or other accommodations or any of the lands, buildings, structures or facilities embraced in any housing project and to establish and revise the rents or charges therefor;
- (15) Enter upon any building or property in order to conduct investigations or to make surveys or soundings;
- (16) Purchase, lease, obtain options upon, acquire by gift, grant, bequest, devise, or otherwise, any property, real or personal or any interest therein from any person, firm, corporation, city, municipality, or government;
- (17) Acquire by eminent domain any real property, including improvements and fixtures thereon except as provided in § 13-20-105;
- (18) Sell, exchange, transfer, assign, or pledge any property, real or personal or any interest therein to any person, firm, corporation, municipality, city, or government;
- (19) Own, hold, clear and improve property;
- (20) Insure or provide for the insurance of the property or operations of the authority against such risks as the authority may deem advisable;
- (21) Procure insurance or guarantees from the federal government of the payment of any debts or parts thereof secured by mortgages made or held by the authority on any property included in any housing project;
- (22) Borrow money upon its bonds, notes, debentures, or other evidences of indebtedness and secure the same by pledges of its revenues, and, subject to the limitations hereinafter imposed, by mortgages upon property held or to be held by it, or in any other manner;
- (23) In connection with any loan, agree to limitations upon its right to dispose of any housing project or part thereof or undertake additional housing projects;
- (24) In connection with any loan by a government, agree to limitations upon the exercise of any powers conferred upon the authority by this chapter;
- (25) Invest any funds held in reserve or sinking funds, or any funds not required for immediate disbursement, in property or securities in which savings banks may legally invest funds subject to their control;
- (26) Sue and be sued;
- (27) Have a seal and alter the same at pleasure;
- (28) Have a perpetual succession;
- (29) Make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the authority;
- (30) Make and from time to time amend and repeal bylaws, rules and regulations not inconsistent with this chapter;
- (31) Conduct examinations and investigations and hear testimony and take proof under oath at public or private hearings on any matter material for its information;
- (32) Issue subpoenas requiring the attendance of witnesses for the production of books and papers and to issue commissions for the examination of witnesses who are out of the state or unable to attend before the authority, or are excused from attendance;
- (33) Make available to such agencies, boards or commissions as are charged with the duty of abating or requiring the correction of nuisance or like conditions, or of demolishing unsafe or unsanitary structures within its territorial limits, its findings and recommendations with regard to any building or property where conditions exist which are dangerous to the public health, morals, safety or welfare;
- (34) Provide consulting services to housing authorities outside the housing authority’s territorial jurisdiction;
- (35) Enter into management contracts with other authorities outside the authority's territorial jurisdiction, which provide for the management of all or any part of the operations of an authority or all or any part of a housing project or a mixed-finance project of an authority; and
- (36) Enter into agreements with municipalities under which the authority agrees to exercise any or all powers of an authority under this chapter relating to redevelopment or urban renewal projects for such municipality with respect to one (1) or more redevelopment or urban renewal projects, including, but not limited to, holding public hearings, preparing redevelopment and urban renewal plans and managing redevelopment projects; provided, however, that all debt related to such redevelopment projects must be issued by the housing authority for the jurisdiction subject to the agreement and the housing authority for the jurisdiction subject to the agreement must consent to such agreement by resolution. Any municipality may enter into an agreement described in this subsection (a).
- (b) Any of the investigations or examinations provided for in this chapter may be conducted by the authority or by a committee appointed by it, consisting of one (1) or more commissioners, or by counsel, or by an officer or employee specially authorized by the authority to conduct it. Any commissioner, counsel for the authority, or any persons designated by it to conduct an investigation or examination shall have power to administer oaths, take affidavits and issue subpoenas or commissions. An authority may exercise any or all of the powers herein conferred upon it, either generally or with respect to a specific housing project or projects through or by an agent or agents which it may designate, including any corporations which are or shall be formed under the laws of this state, and for such purposes, an authority may cause one (1) or more corporations to be formed under the laws of this state or may acquire the capital stock of any corporation or corporations. All housing project property owned by a corporate agent of a housing authority is subject to the control of and is deemed to be property of the housing authority. Any corporate agent may, to the extent permitted by law, exercise any of the powers herein conferred upon the authority. For purposes of this subsection (b), “corporation” shall include both for-profit corporations and nonprofit corporations.
- (c) In addition to all of the other powers herein conferred upon it, an authority may do all things necessary and convenient to carry out the purposes and provisions of this chapter. No provisions with respect to the acquisition, operation or disposition of property by other public bodies shall be applicable to an authority unless the general assembly shall specifically so state.
- (d) Notwithstanding anything to the contrary contained in this chapter or in any other provision of law, an authority may include, in any contract let in connection with a project, stipulations requiring that the contractor and any subcontractor comply with requirements as to minimum wages and maximum hours of labor, and comply with any conditions which the federal government may have attached to its financial aid of the project.
- (e)
- (1) Notwithstanding anything to the contrary contained in this chapter or in any other provision of law, an authority shall not initiate any public housing project under this chapter or any other provision of law until the governing body, or agency designated by it or empowered by law to act, of each city or municipality, in which any of the area to be covered by the project is situated in a representative district thereof, has approved the proposed public housing project plan, which provides an outline for the development, construction, lease, or purchase of the proposed housing project and is sufficiently complete to indicate its relationship to definite local objectives of appropriate land use and providing decent, safe, and sanitary housing for persons of low income.
- (2)
- (A) Such cities or municipalities are hereby authorized to approve public housing project plans through their governing body or agency designated by it for that purpose.
- (B) The governing body shall not approve a public housing project plan until after a public hearing has been held by the governing body, or the agency designated by it or empowered by law so to act, to determine the necessity for the adoption of the public housing project proposal. Notice of the public hearing shall be given, by publishing once a week for three (3) consecutive weeks immediately preceding the public hearing in a newspaper of general circulation published in the city or municipality, providing notice of the time, place, and purpose of the public hearing and identifying at least two (2) locations, one (1) of which shall be the offices of the authority, where a map of the area to be included in the proposed public housing project, with the streets or other lines marking the boundaries of the area clearly indicated, may be reviewed by interested persons; and
- (C) The failure to give the notice required in subdivision (e)(2)(B) may be asserted only by an owner having interest in property or an occupant of a business or dwelling unit thirty (30) days prior to the date of public hearing within the representative district in which a public housing project, as authorized pursuant to this chapter, both under the public or private acts, is proposed to be developed, constructed, leased, or purchased as a cause of action on the trial of the issue of the right of the housing authority to develop, construct, lease, or purchase the public housing project, and such failure to give notice as required in subdivision (e)(2)(B) constitutes a cause of action unless, in the judgment of the court trying such issue, there has been compliance with subdivision (e)(2)(B).
- (3) For purposes of this subsection (e), “public housing project” shall mean housing units that are subject to a housing authority's annual contribution contract with the United States department of housing and urban development.
- (f)
- (1) “Low-income housing tax credit (LIHTC) property” means low-income housing property restricted under government regulations pursuant to § 42 of the Internal Revenue Code of 1986 (26 U.S.C. § 42), the low-income housing tax credit program.
- (2) Upon the affirmative vote of a majority of the members of its governing body, the city or county for which a housing authority is created may delegate to such housing authority the authority to negotiate and accept payments in lieu of ad valorem taxes from the housing authority's lessees operating LIHTC property; provided, however, that such authorization shall be granted only upon a finding that such payments are deemed to be in furtherance of the housing authority's public purposes. The housing authority shall submit each such agreement to the city or county legislative body of all affected taxing jurisdictions for approval.
- (3) Before October 1 of each year, a housing authority to which authority to negotiate payments in lieu of taxes has been delegated by a city or county shall submit to the state board of equalization an annual report containing a list of all the real and personal property owned by the housing authority and its associated entities and subsidiaries with respect to which payments in lieu of ad valorem taxes have been negotiated and accepted; the value of each listed property, as estimated by the lessee of the property; the date and term of the lease for each listed property; the amount of payments made in lieu of property taxes for each listed property; the date each listed property is scheduled to return to the regular tax rolls; and a calculation of the taxes which would have been due for each listed property if the properties were privately owned or otherwise subject to taxation. Each lessee of the housing authority shall be responsible for the timely completion and filing of the report, and failure to timely complete and file the report shall subject such lessees to a penalty equivalent to that applicable to similar lessees of industrial development corporations; provided, that no lessee shall be liable who has provided the state board of equalization information required by this section as may be pertinent to property leased by the lessee from the housing authority.
- (g)
- (1) If any two (2) authorities determine it to be in the best interest of each authority to merge, each such authority shall approve the merger by resolution. Any such resolution shall include the name of each authority involved in the merger, identify the surviving authority into which each authority plans to merge and the terms and conditions of the merger. Any such resolution shall be filed with each city or county that created each authority that is subject to the merger, and if the governing body of each such city or county approves such merger by resolution, the authorities may proceed with the merger. Upon the effective date of the merger:
- (A) Every other authority that is a party to the merger shall merge into the surviving authority and the separate existence of every authority except the surviving authority shall cease;
- (B) The title to all real estate and other property owned by each authority that is a party to the merger shall be vested in the surviving authority without reversion or impairment;
- (C) The surviving authority shall be deemed to have assumed all liabilities and obligations of each authority that is a party to the merger;
- (D) A proceeding pending against any corporation that is a party to the merger may be continued as if the merger did not occur or the surviving corporation may be substituted in the proceeding for the authority whose existence ceased; and
- (E) The board of commissioners of the surviving entity shall remain unchanged.
- (2) Upon the effective date of any such merger, the boundaries of the authority shall be deemed to be the collective boundaries of the merged authorities.
- (3) The surviving authority for purposes of this chapter shall continue to be considered a city, county or regional authority as was the case prior to the merger, and the appointment and composition of the board of commissioners of the surviving authority shall not change.
- (4) The power to merge authorities under this subsection (g) is supplemental to all other powers granted under this chapter to consolidate authorities or to create regional authorities.
- (5) A notice of any merger of authorities pursuant to this subsection (g) shall be filed with the secretary of state.
- (h) If an authority determines it to be in its best interest to dissolve, the authority shall approve such dissolution by resolution. Such resolution shall include a statement providing for the distribution of assets upon the completion of dissolution of the authority. Upon adoption of such resolution, subject to any approval required by the charter or bylaws of the authority and upon the approval by resolution by the governing body of each municipality or county that created such authority, articles of dissolution and termination setting forth the name of the authority, the date of its incorporation and a statement that the authority has approved the dissolution of the authority and the date on which such approval was given shall be delivered to the secretary of state. Upon filing the articles of dissolution with the secretary of state, the corporate existence of the authority shall terminate except for the purpose of conducting activities to wind up and liquidate its affairs, including collecting its assets, conveying and disposing of its properties that will not be distributed in kind, discharging or making provisions for discharging its liabilities, and returning, transferring or conveying assets held by the authority upon a condition requiring return, transfer or conveyance, which condition occurs by reason of the dissolution, in accordance with such condition, transferring, subject to any contractual or legal requirements, its assets as provided or authorized by its charter or bylaws.
- (i) When one (1) or more authorities have formed partnerships, limited liability companies, or other entities in which an authority, or an entity affiliated with the authority, is a general partner, managing member, or otherwise participates in the activities of the entity for the sake of undertaking a mixed-finance project, the housing authority-related entities may form a self-insurance pooling arrangement under § 29-20-401. Notwithstanding another law to the contrary, such housing authority-related entities may enter into an agreement or agreements with each other for joint or cooperative action to pool their financial and administrative resources for the purpose of providing to the participating housing authority-related entities risk management, insurance, reinsurance, self-insurance, or any combination thereof for any and all of the areas of liability or insurability, or both, for such housing authority-related entities.
History (13)
- Acts 1935 (Ex. Sess.), ch. 20, § 9
- 1937, ch. 234, § 3
- mod. C. Supp. 1950, § 3647.8 (Williams, § 3647.9)
- Acts 1972, ch. 690, § 2
- 1976, ch. 729, § 1
- T.C.A. (orig. ed.), § 13-804
- Acts 1995, ch. 442, § 1
- 1999, ch. 243, § 1
- 2002, ch. 815, § 2
- 2006, ch. 999, §§ 1-4
- 2012, ch. 706, §§ 1-3
- 2015, ch. 222, § 1
- 2023, ch. 394, § 1.
§ 13-20-105. Private property — Taking by eminent domain restricted under certain conditions. - A housing authority created under this chapter shall not have the power to take by eminent domain private property in an urban renewal area for the purpose of resale, if the owner of same desires to develop such owner's own property and if the designated reuse of the property in the urban renewal plan is such that the owner's parcel can be redeveloped by itself without affecting the objectives of the urban renewal plan as to the owner's parcel or adjoining or adjacent properties thereto, and the owner signs an agreement with the housing authority to abide by the urban renewal plan, in any development thereof.
History (2)
- Acts 1972, ch. 711, § 1
- T.C.A., § 13-833.
§ 13-20-106. Housing research and studies. - In addition to all its other powers, any authority may, within its area of operation, undertake and carry out studies and analyses of the housing needs, and of the meeting of such needs, including data with respect to population and family groups and the distribution thereof according to income groups, the amount and quality of available housing and its distribution according to rentals and sales prices, employment, wages and other factors affecting the local housing needs and the meeting thereof, and make the results of such studies and analyses available to the public and the building, housing and supply industries, and may also engage in research and disseminate information on the subject of housing.
History (3)
- Acts 1935 (Ex. Sess.), ch. 20, § 49, as added by Acts 1945, ch. 102, § 1
- C. Supp. 1950, § 3647.29M (Williams, § 3647.29y)
- T.C.A. (orig. ed.), § 13-805.
§ 13-20-107. Cooperation of authorities in exercise of powers. - Any two (2) or more authorities may join or cooperate with one another in the exercise, either jointly or otherwise, of any or all of their powers for the purpose of financing, including the issuance of bonds, notes or other obligations and giving security therefor, planning, undertaking, owning, construction, operating or contracting with respect to a housing project or projects located within the boundaries of any one (1) or more of the authorities. For such purposes, an authority may by resolution prescribe and authorize any other housing authority or authorities, so joining or cooperating with it, to act on its behalf with respect to any or all of such powers. Any authorities joining or cooperating with one another may by resolution appoint from among the commissioners of such authorities an executive committee with full power to act on behalf of such authorities with respect to any or all of their powers, as prescribed by resolutions of such authorities.
History (4)
- Acts 1935, (Ex. Sess.), ch. 20, § 10
- 1943, ch. 22, § 5
- C. Supp. 1950, § 3647.9 (Williams, § 3647.10)
- T.C.A. (orig. ed.), § 13-806.
§ 13-20-108. Eminent domain used to acquire land for housing projects and by United States agencies. - (a) A housing authority as defined in § 13-20-102 and any corporation, which is an agency of the United States, shall, upon the adoption of a resolution declaring that the acquisition of the property described therein is in the public interest and necessary for public use, have the right to acquire by eminent domain any real property, including improvements and fixtures thereon, which it may deem necessary for a housing project being constructed, operated or aided by it or the United States. Any corporation borrowing money or receiving other financial assistance from the United States or any agency thereof for the purpose of financing the construction or operation of any housing project or projects, the operation of which will be subject to public supervision or regulation, shall have the right to acquire by eminent domain any real property, including fixtures and improvements thereon which it may deem necessary for such project. A housing project shall be deemed to be subject to public supervision or regulation within the meaning of this chapter if the rents to be charged are in any way subject to the supervision, regulation or approval of the United States, the state or any of their subdivisions or agencies, or by a housing authority, city, municipality or county, whether such right to supervise, regulate or approve is by virtue of any law, statute, contract or otherwise.
- (b) The power of eminent domain hereinabove conferred may be exercised pursuant to either:
- (1) Title 29, chapter 16; title 29, chapter 17, part 5; and any amendments thereto; or
- (2) Pursuant to any other applicable statutory provisions, now in force or hereafter enacted, for the exercise of the power of eminent domain.
- (c) Property already devoted to a public use may be acquired; provided, that no property belonging to any city or municipality or to any government may be acquired without its consent and that no property belonging to a public utility corporation may be acquired without the approval of the commission or other officer or tribunal, if any there be, having regulatory power over such corporation.
- (d) Whenever the power of eminent domain as herein conferred shall be exercised, in estimating the damages, the jury or jury of view, as the case may be, shall give the value of the land or rights taken without deduction, together with incidental damages, if any. Where the removal of furniture, household belongings, fixtures, merchandise, stock in trade, inventories, equipment or machinery is made necessary by the taking, the reasonable expense of such removal shall be considered in assessing incidental damages. The reasonable expense of the removal of such chattels shall be construed as including the cost of any necessary disconnection, dismantling or disassembling, the loading, and drayage to another location not more than ten (10) miles distant, and the reassembling, reconnecting, and installing in such new location. This provision shall only apply when the power of eminent domain is exercised under this section.
History (6)
- Acts 1935 (Ex.Sess.), ch. 20, § 11
- 1935 (Ex.Sess.), ch. 44, § 3
- C. Supp. 1950, § 3647.10 (Williams, §§ 3647.11, 3647.39)
- Acts 1965, ch. 191, § 1
- T.C.A. (orig. ed.), § 13-807
- Acts 2014, ch. 927, § 9.
§ 13-20-109. Acquisition of land for government. - The authority may acquire by purchase or by the exercise of its power of eminent domain as provided in § 13-20-108, any property real or personal for any housing project being constructed or operated by a government. The authority upon such terms and conditions, with or without consideration, as it shall determine, may convey title or deliver possession of such property so acquired or purchased to such government for use in connection with such housing project.
History (3)
- Acts 1935 (Ex. Sess.), ch. 20, § 12
- C. Supp. 1950, § 3647.11 (Williams, § 3647.12)
- T.C.A. (orig. ed.), § 13-808.
§ 13-20-110. Conveyance, lease or agreement in aid of housing project. - (a) For the purpose of aiding and cooperating in the planning, construction and operation of housing projects located within their respective territorial boundaries, the state, its subdivisions and agencies, and any county, city, or municipality of the state may, upon such terms and for such consideration as it may determine:
- (1) Grant, sell, convey or lease any of its property to a housing authority or the United States or any agency thereof;
- (2) To the extent that it is within the scope of each of their respective functions:
- (A) Cause the services customarily provided by each of them to be rendered for the benefit of the housing authority and/or the occupants of such housing projects;
- (B) Provide and maintain parks and sewage, water and other facilities adjacent to or in connection with housing projects; and
- (C) Enter into any agreements to open, close, pave, install, or change the grade of streets, roads, roadways, alleys, sidewalks, or other such facilities, to change the city or municipality map, to plan, replan, zone or rezone any part of the city or municipality;
- (3) Enter into agreements with respect to the exercise of its powers relating to the repair, elimination or closing of unsafe, unsanitary or unfit dwellings; and
- (4) Do any and all things necessary to aid and cooperate in the planning, construction and operation of housing projects by the United States and by housing authorities.
- (b) In connection with the exercise of these powers, any city or municipality may incur the entire expense of any such public improvement located within its territorial boundaries without assessment against abutting property owners.
- (c) Any law to the contrary notwithstanding, any grant, sale, conveyance, lease or agreement provided for in this section may be made without appraisal, public notice, advertisement or public bidding.
History (4)
- Acts 1935 (Ex. Sess.), ch. 45, § 3
- 1939, ch. 154, § 1
- mod. C. Supp. 1950, § 3647.29V (Williams, § 3647.32)
- T.C.A. (orig. ed.), § 13-809.
§ 13-20-111. Federal projects acquired by authority. - With respect to any housing project which a housing authority has acquired or taken over from the federal government and which the housing authority by resolution has found and declared to have been constructed in a manner that will promote the public interest and afford necessary safety, sanitation and other protection, no municipality shall require any changes to be made in the housing project or the manner of its construction or take any other action relating to such construction.
History (3)
- Acts 1935 (Ex. Sess.), ch. 45, § 10, as added by Acts 1937, ch. 225, § 1
- C. Supp. 1950, § 3647.29Z (Williams, § 3647.36c)
- T.C.A. (orig. ed.), § 13-810.
§ 13-20-112. Zoning and building laws. - All housing projects of an authority shall be subject to the planning, zoning, sanitary and building laws, ordinances and regulations applicable to the locality in which the housing project is situated.
History (3)
- Acts 1935 (Ex. Sess.), ch. 20, § 13
- C. Supp. 1950, § 3647.12 (Williams, § 3647.13)
- T.C.A. (orig. ed.), § 13-811.
§ 13-20-113. Rentals and tenant selection. - (a) In the operation or management of housing projects, an authority shall at all times observe the following duties with respect to rentals and tenant selection:
- (1) It may rent or lease the dwelling accommodations therein only to persons of low income;
- (2) It may rent or lease the dwelling accommodations therein only at rentals within the financial reach of such persons of low income;
- (3) It may rent or lease to a tenant dwelling accommodations consisting of the number of rooms, but no greater number, which it deems necessary to provide safe and sanitary accommodations to the proposed occupants thereof, without overcrowding; and
- (4) It shall not accept any person as a tenant in any housing project if the person or persons who would occupy the dwelling accommodations have an annual net income in excess of five (5) times the annual rental of the quarters to be furnished such person or persons, except that in the case of families with three (3) or more minor dependents, such ratio shall not exceed six (6) to one (1). In computing the rental for this purpose of selecting tenants, there shall be included in the rental the average annual cost, as determined by the authority, to the occupants, of heat, water, electricity, gas, cooking range and other necessary services or facilities, whether or not the charge for such services and facilities is in fact included in the rental.
- (b) Nothing contained in this chapter shall be construed as limiting the power of an authority to:
- (1) Vest in an obligee the right, in the event of a default by the authority, to take possession of a housing project or cause the appointment of a receiver thereof, free from all the restrictions imposed by the law, with respect to rentals, tenant selection, manner of operation, or otherwise; or
- (2) Pursuant to § 13-20-604, vest in obligees the right, in the event of a default by the authority, to acquire title to a housing project or the property mortgaged by the housing authority, free from all the restrictions imposed by this chapter, except those imposed by §§ 13-20-604 and 13-20-609.
History (4)
- Acts 1935 (Ex. Sess.), ch. 20, § 32, as added by Acts 1937, ch. 234, § 5
- 1939, ch. 74, § 2
- C. Supp. 1950, § 3647.25 (Williams, § 3647.29b)
- T.C.A. (orig. ed.), § 13-812.
§ 13-20-114. Continuing counseling and education programs for tenants of housing projects. - (a) In the operation and management of housing projects, an authority may assist in the establishment and development of a continuing program of counseling and education for its tenants on household management, self-help, budgeting and money management, consumer education and related counseling and educational services which will assist its tenants in improving their living conditions and ability to purchase a home.
- (b) Such program may include a credit union for the tenants.
- (c) Such programs should be developed and scheduled to encourage maximum participation of the tenants.
History (2)
- Acts 1972, ch. 668, § 1
- T.C.A., § 13-832.
§ 13-20-115. Reasons for eviction. - Local housing authorities shall furnish an evicted tenant with the reasons for such tenant's eviction from a housing project upon the request of the evicted tenant.
History (2)
- Acts 1973, ch. 153, § 1
- T.C.A., § 13-834.
§ 13-20-116. Housing or domiciliary care for aged persons — Daily contact and care for tenants. - Any agency of the state or any county, city, metropolitan government or other political subdivision of the state, including, but not limited to, any public housing authority or housing development agency, which operates any program providing housing or domiciliary care for aged persons which, as used herein, means persons sixty-five (65) years of age or older, in buildings which exceed three (3) stories in height, shall, as a part of such operation or program, make arrangements, where funds are made available to it for that purpose, to provide some person or persons each day to contact individually by telephone, in person or in any other effective manner, each aged person in residence, to check upon each aged person's physical well-being and comfort and, in the event and only in the event, such person requests and is in apparent need of medical or social assistance or care, to promptly contact appropriate agencies and request such assistance and care in behalf of any such person. Where public funds are not made available specifically to defray any increased costs caused by such arrangements, the agency shall not be required to provide the arrangements or program out of its funds budgeted for other purposes, but shall nevertheless adopt and implement a program to organize, develop and utilize private individual and organizational resources or any other public agency resources which may be available to carry out the arrangements, either on a volunteer basis or on any other basis which such agency may find to be reasonably feasible within its budgetary or other resources or from funds or resources made available to it from any lawful source, public or private.
History (2)
- Acts 1974, ch. 692, § 1
- T.C.A., § 13-835.
§ 13-20-117. Authority membership in metropolitan cities and counties. - (a) In any city or county with a metropolitan form of government, the membership of the housing authority shall be increased by two (2) additional members, which additional members shall be residents of low-rent public housing or housing projects.
- (b) One (1) of the commissioners authorized pursuant to § 13-20-408 of any housing authority in any county having a population of not less than three hundred nineteen thousand six hundred twenty-five (319,625) nor more than three hundred nineteen thousand seven hundred twenty-five (319,725), according to the 1980 federal census or any subsequent federal census, shall be a resident of low-rent public housing or a housing project to be appointed by the mayor of the municipality creating such authority for a term of two (2) years, notwithstanding § 13-20-408. The first resident appointment shall be made to fill the first expired term of a commissioner occurring after March 17, 1988.
History (2)
- Acts 1983, ch. 49, § 1
- 1988, ch. 568, § 1.
§ 13-20-118. Immunity of officials. - The individual commissioners, directors, supervisory employees, and supervisory agents of a housing authority, whether such housing authority is formed under this chapter or by private act, while acting in the scope of their authority, including those entities that a housing authority or entity affiliated with an authority may form, incorporate, or join as a partner or member to develop or manage a mixed-finance project, and the directors, supervisory employees, and supervisory agents of such entities, while acting in the scope of their authority for the development or management of the mixed-finance project, enjoy the same protections and immunities that are presently provided for housing authority corporations under the law of this state, and any protections and immunities that may be provided to housing authorities in the future under the law of this state.
History (2)
- Acts 1984, ch. 747, § 1
- 2018, ch. 664, § 1.
Part 2 Redevelopment § 13-20-201. Blighted areas and dilapidation defined. - (a) “Blighted areas” are areas, including slum areas, with buildings or improvements that, by reason of dilapidation, obsolescence, overcrowding, lack of ventilation, light and sanitary facilities, deleterious land use, or any combination of these or other factors, are detrimental to the safety, health, morals, or welfare of the community. “Welfare of the community” does not include solely a loss of property value to surrounding properties, nor does it include the need for increased tax revenues. Under no circumstance shall land used predominantly in the production of agriculture, as defined by § 1-3-105, be considered a blighted area.
- (b) As used in this chapter, “dilapidation” means extreme deterioration and decay due to lack of repairs to and care of the area.
History (5)
- Acts 1945, ch. 114, § 2
- C. Supp. 1950, § 3647.29N (Williams, § 3647.53)
- T.C.A. (orig. ed.), § 13-813
- Acts 1982, ch. 816, § 1
- 2006, ch. 863, §§ 2, 14.
§ 13-20-202. Powers of housing authority as to blighted areas. - (a) Any housing authority now or hereafter established under and pursuant to this chapter, including any municipal housing authority whether created under and pursuant to such law or of any special statute, may carry out any undertaking hereinafter called a “redevelopment project” and to that end may:
- (1) Acquire blighted areas;
- (2) Acquire other real property for the purpose of removing, preventing, or reducing blight, blighting factors, or the causes of blight;
- (3) Acquire real property where the condition of the title, the diverse ownership of the real property to be assembled, the street or lot layouts, or other conditions, prevent a proper development of the property and where the acquisition of the area by the authority is necessary to carry out a redevelopment plan or urban renewal plan;
- (4) Acting on its own or through third parties engaged to act on the housing authority's behalf:
- (A) Clear any areas acquired, including relocation of utility facilities and demolition, in whole or in part, of buildings and improvements thereon and removal or remediation of any environmental contamination;
- (B) Install, construct, or reconstruct streets, utilities, and site improvements essential to the preparation and development of sites for uses in accordance with a redevelopment plan or urban renewal plan;
- (C) Install, construct, or reconstruct parks, public open spaces, public playgrounds, pedestrian ways and all parking structures regardless of use in accordance with a redevelopment plan or urban renewal plan;
- (D) Pay expenses for relocation, administrative costs, planning and engineering costs, energy efficiency costs and legal expenses associated with exercising the powers granted in this section or with carrying out a redevelopment plan or urban renewal plan;
- (E) Pay the design costs, commissioning costs and fees and costs of required documentation associated with meeting the requirements of Leadership in Energy and Environmental Design (LEED), Green Globes or other similar programs, as well as greening costs and energy modeling costs for certification by such programs of new construction, existing buildings and other projects;
- (F) Install, construct, add to, improve or reconstruct public infrastructure, including, but not limited to, water, solid waste, transportation, telecommunication, energy use capture and transmittal, power systems and alternative power systems or alternate power projects that incorporate principles of urban sustainability, eco-efficiency and global sustainable development; and
- (G) Take all other necessary actions designed to further the goals and local objectives articulated in the redevelopment plan or urban renewal plan, including, but not limited to, the assistance, undertaking, or development of projects that promote affordable rental housing, including mixed-income rental housing, primarily for persons of low and moderate income, as determined by the board of commissioners of the authority. The authority may exercise all powers with respect to such projects in the same manner as mixed-finance projects for persons of low income as provided in part 1 of this chapter;
- (5) Sell or lease land so acquired for uses in accordance with the redevelopment plan or urban renewal plan;
- (6) Accomplish a combination of the foregoing to carry out a redevelopment plan or urban renewal plan;
- (7) Have and enjoy all the rights, powers, privileges and immunities granted to housing authorities under such law, and/or under any special act by which the authority may have been created, and/or any other provisions of law relating to slum clearance and housing projects for persons of low income; and
- (8)
- (A) Borrow money upon its bonds, notes or other evidences of indebtedness to finance any of the foregoing and to carry out a redevelopment plan or urban renewal plan and secure the same by pledges of its income and revenues generally or its income and revenues from a particular redevelopment project or projects, including moneys received by any authority and placed in a special fund or funds pursuant to tax increment financing provisions contained in a redevelopment plan or urban renewal plan, or from grants or contributions from any government, or in any other manner;
- (B) Nothing contained in § 13-20-113, § 13-20-413 and/or in any special municipal housing authorities law shall be construed as limiting the power of an authority, in the event of default by a purchaser or lessee of land in a redevelopment plan or urban renewal plan, to acquire property and operate it free from restrictions contained in §§ 13-20-113 and 13-20-413, or in any special statute as aforementioned relating to tenant selection or operation without profit.
- (b) For the purposes of this section and the implementation of redevelopment districts as delineated in §§ 13-20-201 — 13-20-205, community development agencies as defined in the Community Development Act of 1974, as amended, of municipalities, will also be considered as housing authorities and will have vested in them the powers as delineated in this section in which housing authority redevelopment powers are vested, as long as public notice required in § 13-20-203 is provided. This subsection (b) applies only in counties with populations greater than eight hundred thousand (800,000), according to the 1990 federal census or any subsequent federal census, and in counties with populations greater than one hundred thirty-four thousand seven hundred (134,700) and less than one hundred thirty-four thousand eight hundred (134,800), according to the 2000 federal census or any subsequent federal census.
- (c) For the purposes of this part, a development authority created by private act and designated by a municipality as its housing and redevelopment authority for purposes of this part shall also be considered a housing authority and shall have the power to enter into an economic development agreement as defined in § 4-17-102(2) and the powers delineated in this part, in which housing authority redevelopment powers are vested, as long as public notice required in § 13-20-203 is provided; provided, however, a municipality shall not so designate a development authority if the housing authority, if any, created by the municipality has ever issued any obligations secured by tax increment revenues and in any event such designation shall only be effective if the municipality shall first obtain the written consent of the housing authority, if any, created by the municipality. Any redevelopment plan previously prepared by a development authority created pursuant to any such private act and approved by a municipality shall be deemed authorized by this subsection (c) and shall be deemed a valid redevelopment plan for purposes of this part.
History (12)
- Acts 1945, ch. 114, §§ 2, 3
- mod. C. Supp. 1950, § 3647.290 (Williams, §§ 3647.53, 3647.54)
- Acts 1978, ch. 854, § 2
- T.C.A. (orig. ed.), § 13-814
- Acts 1998, ch. 619, § 1
- 1999, ch. 332, § 1
- 2004, ch. 772, § 1
- 2005, ch. 352, § 2
- 2009, ch. 406, § 1
- 2009, ch. 491, § 1
- 2010, ch. 1126, § 1
- 2020, ch. 609, § 1.
§ 13-20-203. Conditions precedent to initiation of redevelopment project — Approval by municipality of plan. - (a)
- (1) This subsection (a) shall apply to counties with a metropolitan form of government and with populations greater than seven hundred seventy thousand (770,000), according to the 1980 federal census or any subsequent federal census.
- (2) An authority shall not initiate any redevelopment project under this chapter until the governing body, or agency designated by it or empowered by law so to act, of each city or town, herein called “municipalities,” and any county having a population of not less than two hundred seventy-five thousand (275,000) nor more than three hundred twenty-five thousand (325,000), according to the 1980 federal census or any subsequent federal census, in which any of the area to be covered by the project is situated, has approved a plan, herein called the “redevelopment plan”, which provides an outline for the development or redevelopment of the area and is sufficiently complete, to:
- (A) Indicate its relationship to definite local objectives as to appropriate land uses and improved traffic, public transportation, public utilities, recreational and community facilities and other public improvements;
- (B) Indicate proposed land uses and building requirements in the area; and
- (C) Indicate the method of the temporary relocation of persons living in such areas, and also the method of providing, unless already available, decent, safe and sanitary dwellings substantially equal in number to the number of substandard dwellings to be cleared from the area, at rents within the financial reach of the income groups displaced from such substandard dwellings. Such municipalities are hereby authorized to approve redevelopment plans through their governing body or agency designated by it for that purpose. Any state public body referred to in § 13-20-110 has the rights and powers to cooperate with and assist housing authorities with respect to redevelopment projects in the same manner as though the section were applicable to redevelopment projects.
- (3) Any disapproval of any redevelopment project by the governing body of a county as authorized by this section shall, however, be automatically dissolved wherever written agreement duly approved by the governing body of the municipality involved is furnished to the county governing body involved, which agreement shall exempt the county property tax levy and all proceeds from it generated within the redevelopment project from the tax increment financing provisions specified in § 13-20-205(a)(2).
- (4) The governing body shall not approve a plan until after a public hearing has been held by the governing body, or agency designated by it or empowered by law so to act, to determine the necessity for the adoption of the plan, including the matters set forth in subdivisions (a)(2)(A)-(C). Notice of such public hearing shall be given in the following manner:
- (A) By publishing once a week for three (3) consecutive weeks immediately preceding the public hearing in each newspaper of general circulation published in the municipality notice of the time, place, and purpose of the public hearing, which notice shall include a facsimile of a map of the area to be included in the plan, with the streets or other lines marking the boundaries thereof clearly indicated, and which map shall be not less than four (4) columns in width; and
- (B) By written notice to at least one (1) of the owners or at least one (1) of the occupants of each parcel of property within the area to be included within the plan of the time, place and purpose of such public hearing, which notice shall be sent not more than thirty (30) days and not less than ten (10) days before the hearing by mail, postage prepaid, or delivered, to such owners or occupants.
- (5) The failure to give the notice required in subdivisions (a)(4)(A) and (B) may be raised only by an owner or occupant having an interest in property within such area as a defense on the trial of the issue of the right of the housing authority to acquire the property of such owner or occupant by eminent domain, and such failure shall constitute a defense unless in the judgment of the court trying such issue there has been compliance with subdivision (a)(4)(A) and substantial compliance with subdivision (a)(4)(B) by mailing or delivering the notice therein provided to at least one (1) owner or one (1) occupant of each of not less than two thirds (⅔) of the lots or parcels of property within such area.
- (b)
- (1) This subsection (b) shall not apply to counties with a metropolitan form of government and with populations greater than seven hundred seventy thousand (770,000), according to the 1980 federal census or any subsequent federal census.
- (2)
- (A) An authority shall not initiate any redevelopment project under this chapter until the governing body, or agency designated by it or empowered by law so to act, of each city or town, hereafter called “municipalities,” in which any of the area to be covered by such project is situated, has approved a plan, herein called the “redevelopment plan,” which provides an outline for the development or redevelopment of such area and is sufficiently complete to:
- (i) Indicate its relationship to definite local objectives as to appropriate land uses and improved traffic, public transportation, public utilities, recreational and community facilities and other public improvements;
- (ii) Indicate proposed land uses and building requirements in the area; and
- (iii) Indicate the method of the temporary relocation of persons living in such areas, and also the method of providing, unless already available, decent, safe and sanitary dwellings substantially equal in number to the number of substandard dwellings to be cleared from the area, at rents within the financial reach of the income groups displaced from such substandard dwellings.
- (B) For any redevelopment plan that includes a tax increment financing provision that is applicable to the county property tax levy, the governing body of any county in which any of the area subject to such redevelopment plan is situated must approve such redevelopment plan.
- (3) Any disapproval of any redevelopment project by the governing body of a county as authorized by this section shall, however, be automatically dissolved wherever written agreement duly approved by the governing body of the municipality involved is furnished to the county governing body involved, which agreement shall exempt the county property tax levy, and all proceeds from it generated within the redevelopment project, from the tax increment financing provisions specified in § 13-20-205(a)(2).
- (4) The governing body shall not approve a plan until after a public hearing has been held by the governing body, or agency designated by it or empowered by law so to act, to determine the necessity for the adoption of the plan, including the matters set forth in subdivisions (b)(2)(A)(i)-(iii). Notice of such public hearing shall be given in the following manner:
- (A) By publishing notice, once a week for three (3) consecutive weeks immediately preceding the public hearing in a newspaper of general circulation published in the municipality, of the time, place, and purpose of the public hearing and identifying at least two (2) locations, one (1) of which shall be the offices of the authority, where a map of the area to be included in the plan, with the streets or other lines marking the boundaries of the area clearly indicated, may be reviewed by interested persons; and
- (B) By written notice to at least one (1) of the owners or at least one (1) of the occupants of each parcel of property within the area to be included within the plan of the time, place and purpose of such public hearing, which notice shall be sent not more than thirty (30) days and not less than ten (10) days before the hearing by mail, postage prepaid, or delivered, to such owners or occupants.
- (5) The failure to give the notice required in subdivisions (b)(4)(A) and (B) may be raised only by an owner or occupant having an interest in property within such area as a defense on the trial of the issue of the right of the housing authority to acquire the property of such owner or occupant by eminent domain, and such failure shall constitute a defense unless in the judgment of the court trying such issue there has been compliance with subdivision (b)(4)(A) and substantial compliance with subdivision (b)(4)(B) by mailing or delivering the notice therein provided to at least one (1) owner or one (1) occupant of each of not less than two thirds (⅔) of the lots or parcels of property within such area.
History (7)
- Acts 1945, ch. 114, § 4
- C. Supp. 1950, § 3647.29P (Williams, § 3647.55)
- Acts 1963, ch. 225, § 1
- T.C.A. (orig. ed.), § 13-815
- Acts 1982, ch. 906, §§ 1, 2, 6
- 1987, ch. 349, §§ 1, 2, 4, 5
- 2006, ch. 999, §§ 5-7.
§ 13-20-204. Disposal and use of land consistent with redevelopment plan — Purchase by owner occupant. - (a) The authority may make land in a redevelopment project available for use by private enterprise or public agencies in accordance with the redevelopment plan. Such land may be made available at its use value, which represents the value, whether expressed in terms of rental or capital price, at which the authority determines such land should be made available in order that it may be developed or redeveloped for the purposes specified in such plan.
- (b)
- (1) To assure that land acquired in a redevelopment project is used in accordance with the redevelopment plan, an authority, upon the sale or lease of such land, shall obligate purchasers or lessees to:
- (A) Use the land for the purpose designated in the redevelopment plan;
- (B) Begin the building of their improvements within a period of time which the authority fixes as reasonable; or, except in counties having a population of:
-
-
- 23,75123,759
- 25,50125,999
- 28,60028,650
- 44,00045,999
-
- according to the 1960 federal census or any subsequent federal census, if the purchaser is a public agency which proposes to develop such lands as an industrial park or to meet the needs of specific industrial prospects, carry on a program for attracting industry and develop such land for this purpose when and as needed, in counties of this state having a population of not less than two hundred thirty seven thousand (237,000) nor more than two hundred fifty thousand (250,000), according to the federal census of 1960 or any subsequent federal census; and
- (C) Comply with such other conditions as are necessary to carry out the purposes of this chapter.
- (2) Any such obligations by the purchaser shall be covenants and conditions running with the land where the authority so stipulates.
- (c)
- (1) As used in this subsection (c):
- (A) “Developer” means any private enterprise or public agency developing or redeveloping residential property as provided in this subsection (c);
- (B) “Owner occupant” means the person having title to and residing at the residential property at the time it was acquired by eminent domain; and
- (C) “Residential units” includes one-family and two-family dwellings and dwelling units as defined in this chapter.
- (2) On redevelopment projects developed after June 8, 1989, the authority shall provide the opportunity for owner occupants of residential property acquired by eminent domain for a redevelopment project to relocate within the project area if or at such time as residential units are constructed and offered for sale to the general public as a part of the project. A developer shall publish a notice in a newspaper of general circulation within the county where the project area is located. Such notice shall provide to each owner occupant of residential property acquired by eminent domain for a redevelopment project an offer to relocate within the project area. The notice shall contain a description of the property to be redeveloped. The notice shall contain a name and address to whom the owner occupant may respond to accept the offer. The developer shall also record the notice in the registrar's office. Each owner occupant shall have ninety (90) days from the date of publication to accept the offer contained in the notice. Any acceptance shall be in writing. Any owner occupant who has not responded to the notice before the expiration of the ninety (90) days from publication shall be deemed to have rejected such offer, and any interest therein shall be deemed to be terminated.
- (3) This subsection (c) shall apply only if the initial redevelopment project for which such property is acquired is for residential purposes.
- (4) No provision of this subsection (c) shall be construed to vest any interest or rights in the heirs or estate of any deceased owner occupant.
- (5) This subsection (c) shall not apply to residential units or dwelling units developed under programs limiting income of purchasers to a certain maximum income or other requirements for which the original owner occupant is not eligible.
- (6) This subsection (c) shall only apply in counties having a population of not less than four hundred seventy-seven thousand (477,000) nor more than four hundred seventy-eight thousand (478,000), according to the 1980 federal census or any subsequent federal census.
History (5)
- Acts 1945, ch. 114, § 5
- C. Supp. 1950, § 3647.29Q (Williams, § 3647.56)
- Acts 1965, ch. 194, § 1
- T.C.A. (orig. ed.), § 13-816
- Acts 1989, ch. 570, §§ 1, 2.
§ 13-20-205. Redevelopment plan containing tax increment financing provisions — Allocation of taxes collected — Contents of plan — Tax status of property leased. - (a) Any authority may, and is authorized to, adopt a redevelopment plan or urban renewal plan so that it contains a tax increment financing provision providing that taxes, if any, levied upon property within the boundaries of the redevelopment plan or urban renewal plan each year, by any taxing agency after the effective date of the resolution of the governing body approving the redevelopment plan or urban renewal plan or amendment, shall be divided as follows:
- (1) For properties subject to a redevelopment plan or urban renewal plan containing or amended to contain a tax increment financing provision approved prior to July 1, 2006, that portion of the taxes which would be produced by the rate at which the tax is levied each year by each taxing agency, upon the assessed value of such property as shown upon the assessment roll of the appropriate assessor, as of the date of the most recently determined valuation prior to the acquisition of such property by the authority (the assessed value being herein called the “base assessment”) shall be allocated to, and when collected, shall be paid to, the respective taxing agencies as taxes levied by such taxing agencies on all other property are paid; provided, that in any year in which the actual assessment of the area comprising a redevelopment project is less than the base assessment, there shall be allocated and paid to the respective taxing agencies only those taxes actually produced by the application of the current tax rates against such actual assessment. For properties subject to a redevelopment plan or urban renewal plan containing or amended to contain a tax increment financing provision approved after July 1, 2006, the base assessment of the property for purposes of this subdivision (a)(1) shall be determined as of the date of the most recently determined valuation prior to the date on which the redevelopment plan or urban renewal plan or amendment of the plan was approved by the applicable municipality or municipalities pursuant to § 13-20-203;
- (2) All the taxes levied in each year in excess of the amount provided for in subdivision (a)(1) shall be allocated to and, when collected, shall be paid into a special fund or funds of the authority to pay the principal of and interest on bonds, loans or other indebtedness incurred or to be incurred by the authority to finance or refinance, in whole or in part, the redevelopment project contemplated by such redevelopment plan;
- (3) Upon the retirement of all bonds, loans or other indebtedness incurred by the authority and payable from such special fund or funds or at such time as moneys on deposit in such special fund or funds are sufficient for such purpose, all the taxes referred to in subdivision (a)(2) shall, when collected, be paid to the respective taxing agencies as taxes levied by such taxing agencies on all other property are paid; and
- (4) Taxes shall be levied and collected over all or any part of the area comprising a redevelopment project in the manner provided by law with the following exceptions:
- (A) The appropriate assessor shall, in each year during the period in which taxes are to be allocated to the authority pursuant to subdivision (a)(2), compute and certify the net amount, if any, by which the then current assessed value of all taxable property located within the redevelopment project which is subject to taxation by the particular taxing agency exceeds the base assessment. The net amount of any such increase is referred to in this subdivision (a)(4) as the incremental value for that particular year;
- (B) In any year in which taxes are to be allocated to the authority pursuant to subdivision (a)(2) in which there is an incremental value, the appropriate assessor shall exclude it from the assessed value upon which the appropriate assessor computes the tax rates for taxes levied that year by the taxing agency. However, the appropriate assessor shall extend the aggregate tax rate of such taxes against the base assessment and the incremental value and shall apply the taxes collected therefrom, subject to any other provisions hereof, as provided above; and
- (C) For purposes of this section, if in any year property comprising a portion of a particular redevelopment project shall be removed from the tax rolls of a taxing agency, the base assessment for the area of such redevelopment project shall be reduced by the amount of the base assessment allocable to the property so removed for each subsequent year in which taxes are to be allocated to a particular authority pursuant to the above provisions.
- (b)
- (1) If an authority adopts a redevelopment plan or an amendment to an existing plan which includes tax increment financing provisions, such new plan or the existing plan, as so amended, shall describe, in addition to the matters required by § 13-20-203(a)(2)(A)-(C) and (b)(2)(A)(i)-(iii), the following:
- (A) An estimate of the cost of the redevelopment project;
- (B) The sources of revenue to finance the costs of the project, including the estimated tax increment;
- (C) An estimate of the amount and the final maturity of bonded or other indebtedness to be incurred; and
- (D) An estimate of the impact of the tax increment financing provision upon all taxing agencies in which the redevelopment project is to be located.
- (2) The foregoing information set forth in this subsection (b) shall be made available to the public not less than five (5) days prior to the date set for the public hearing hereinafter required by subsection (c).
- (c)
- (1) Except in counties having a metropolitan form of government or a population greater than seven hundred seventy thousand (770,000), according to the 1980 federal census or any subsequent federal census, no redevelopment plan containing a tax increment financing provision or amendment to an existing plan adding a tax increment financing provision shall be effective unless and until it has been approved by the governing body of the municipality and the governing body of the county affected, following a public hearing as provided in § 13-20-203, except that the approval of the governing body of the county affected shall not be required wherever its disapproval of a redevelopment project has been dissolved as prescribed by § 13-20-203(b)(3).
- (2) The notice of the public hearing shall be given in the manner and shall contain the information required by § 13-20-203 and shall additionally set forth in clear and plain language the contemplated use of tax increment financing in connection with the redevelopment project. Such notice shall also set forth where the information required by subsection (b) may be obtained. Not less than twenty-one (21) days prior to the date set for the public hearing, the governing body shall deliver or mail, postage prepaid, to each taxing agency currently levying taxes upon any property in the project area, and which would be affected by the tax increment financing provision, a copy of the notice of the public hearing, together with a statement that if the redevelopment plan containing a tax increment financing provision or amendment to an existing plan adding a tax increment financing provision is approved, certain property taxes resulting from increases in assessed valuation of property situated within the area included in the plan above the assessed value of such property appearing on the appropriate assessment rolls as last determined prior to the date on which the redevelopment plan or urban renewal plan or amendment of the plan was approved by the applicable municipality or municipalities may be allocated to a special fund or funds of the authority for redevelopment purposes rather than being paid into the treasury of the taxing agency.
- (d) The foregoing provisions of subsections (b) and (c) shall not apply to any redevelopment plan or amendment to an existing plan which included a tax increment financing provision and which has been submitted to and approved by the governing body of the municipality, or agency designated by it or empowered by law so to act, in which any of the area to be covered by the redevelopment project is situated pursuant to and in accordance with § 13-20-203 prior to April 11, 1978, and the previously approved redevelopment plan or amendment thereto described above shall not be required to be resubmitted and approved by the governing body or agency pursuant to the additional provision of subsections (b) and (c). The remaining provisions of this section shall be applicable to and govern the previously approved plan and the tax increment financing provision contained in such plan.
- (e) After the approval by the governing body of a redevelopment plan containing a tax increment financing provision or an amendment to an existing plan adding a tax increment financing provision, the authority shall transmit to the appropriate assessors of property and to each taxing agency to be affected a copy of the description of all land within the redevelopment area and the date or dates of the approval of the redevelopment plan or amendment to the plan, a copy of the resolution approving the redevelopment plan or approving an amendment to the plan, and a map or plat indicating the boundaries of the property; and taxes shall thereafter, when collected, be allocated and paid in the manner provided in the redevelopment plan or amendment to the plan.
- (f) Any property which the authority leases to private individuals or corporations for development under a redevelopment plan and any property which the authority has developed under a redevelopment plan and leases to private individuals or corporations shall have the same tax status as if such leased property were owned by such private individuals or corporations. After June 1, 1997, the foregoing provisions of this subsection (f) shall apply only to property financed with tax increment financing. Prior to June 1, 1997, any property owned, constructed, or improved by the authority which is not financed through tax increment financing shall have the same tax status as all other property owned by the authority.
- (g) Notwithstanding anything to the contrary in this section, taxes levied upon property subject to tax increment financing provisions by any taxing agency for the payment of principal of and interest on all bonds, loans or other indebtedness of such taxing agency, and taxes levied by or for the benefit of the state of Tennessee, shall not be subject to allocation as provided in subsection (a), but shall be levied against such property and, when collected, paid to such taxing agency as taxes levied by such taxing agency on all other property are paid and collected.
- (h) In the event of any conflict between this section or this chapter and the Uniformity in Tax Increment Financing Act of 2012, compiled in title 9, chapter 23, title 9, chapter 23 shall control.
History (12)
- Acts 1945, ch. 114, § 6
- C. Supp. 1950, § 3647.29R (Williams, § 3647.57)
- Acts 1977, ch. 186, § 1
- 1978, ch. 854, § 3
- T.C.A. (orig. ed.), § 13-817
- Acts 1982, ch. 906, §§ 3, 4, 6
- 1987, ch. 349, § 3
- 1997, ch. 254, § 1
- 2006, ch. 999, §§ 8-11
- 2008, ch. 971, § 1
- 2009, ch. 406, §§ 2-4
- 2012, ch. 605, § 5.
§ 13-20-206. Authority authorized to obtain financial aid from federal government for redevelopment project. - An authority may borrow money or accept contributions from the federal government to assist in its undertaking redevelopment projects. An authority may do any and all things necessary or desirable to secure such financial aid (including obligating itself in any contract with the federal government for annual contributions to convey to the federal government the project to which the contract relates upon the occurrence of a substantial default thereunder), in the same manner as it may do to secure such aid in connection with slum clearance and housing projects under this chapter.
History (3)
- Acts 1945, ch. 114, § 7
- C. Supp. 1950, § 3647.29S (Williams, § 3647.58)
- T.C.A. (orig. ed.), § 13-818.
§ 13-20-207. Bonds for redevelopment projects — Security for public deposits and legal investments. - Bonds or other obligations issued by a housing authority in connection with a redevelopment project pursuant to §§ 13-20-201 — 13-20-208 shall be security for public deposits and legal investments to the same extent and for the same persons, institutions, associations, corporations, and other bodies and officers as bonds or other obligations issued pursuant to this chapter, in connection with the development of slum clearance or housing projects.
History (3)
- Acts 1945, ch. 114, § 8
- C. Supp. 1950, § 3647.29T (Williams, § 3647.59)
- T.C.A. (orig. ed.), § 13-819.
§ 13-20-208. Advisory board — Personnel. - For the purpose of coordinating its activities and undertakings under §§ 13-20-201 — 13-20-208 with the needs and undertakings of other local organizations and groups, a housing authority may establish an advisory board consisting of the chair of the authority, who shall be chair of the advisory board, and of sufficient members to represent, so far as practicable, the general public and users of housing, general business interests, real estate, building and home financing interest, labor, any official planning body in the locality, and church and welfare groups. The members of the advisory board shall be appointed by the chair of the authority.
History (3)
- Acts 1945, ch. 114, § 9
- C. Supp. 1950, § 3647.29U (Williams, § 3647.60)
- T.C.A. (orig. ed.), § 13-820.
§ 13-20-209. Conservation and rehabilitation by private enterprise — Findings. - (a) It is hereby found and declared that:
- (1) There exist in municipalities of the state slum, blighted, and deteriorated areas which constitute a serious and growing menace, injurious to the public health, safety, morals and welfare of the residents of the state, and the findings and declarations made in § 13-20-201 with respect to slum and blighted areas are hereby affirmed and restated;
- (2) Certain slum, blighted, or deteriorated areas, or portions thereof, may require acquisitions and clearance, as provided in this part, since the prevailing condition of decay may make impracticable the reclamation of the area by conservation or rehabilitation, but other areas or portions thereof may, through the means provided in this part, be susceptible of conservation or rehabilitation in such a manner that the conditions and evils hereinbefore enumerated may be eliminated, remedied or prevented, and, to the extent feasible, salvable slum and blighted areas should be conserved and rehabilitated through voluntary action and the regulatory process; and
- (3) All powers conferred by this part are for public uses and purposes for which public money may be expended and such other powers exercised, and the necessity in the public interest for this part is hereby declared as a matter of legislative determination.
- (b) A municipality, to the greatest extent it determines to be feasible in carrying out this part, shall afford maximum opportunity, consistent with the sound needs of the municipality as a whole, to the rehabilitation or redevelopment of areas by private enterprise.
History (2)
- Acts 1955, ch. 181, § 1
- T.C.A., § 13-821.
§ 13-20-210. Urban renewal projects — Extent of rehabilitation. - In addition to its authority under any other section of this part, an authority is hereby authorized to plan and undertake urban renewal projects. As used in this part, an urban renewal project may include undertakings and activities for the elimination, and for the prevention of the development or spread, of slums or blighted, deteriorated, or deteriorating areas, and may involve any work or undertaking for such purpose constituting a redevelopment project of any rehabilitation or conservation work, or any combination of such undertaking or work. For this purpose, “rehabilitation or conservation work” may include:
- (1) Carrying out plans for a program of voluntary or compulsory repair and rehabilitation of buildings or other improvements;
- (2) Acquisition of real property and demolition, removal, or rehabilitation of buildings and improvements thereon where necessary to eliminate unhealthy, unsanitary or unsafe conditions, lessen density, reduce traffic hazards, eliminate obsolete or other uses detrimental to the public welfare, or to otherwise remove or prevent the spread of blight or deterioration, or to provide land for needed public facilities;
- (3) Installation, construction, or reconstruction of streets, utilities, parks, playgrounds, and other improvements necessary for carrying out the objectives of the urban renewal project; and
- (4) The disposition, for uses in accordance with the objectives of the urban renewal project, of any property or part thereof acquired in the area of such project; provided, that such disposition shall be in the manner prescribed in this part for the disposition of property in a redevelopment project area.
History (2)
- Acts 1955, ch. 181, § 1
- T.C.A., § 13-822.
§ 13-20-211. Urban renewal plan. - (a) Any urban renewal project undertaken pursuant to § 13-20-210 shall be undertaken in accordance with an urban renewal plan for the area of the project. As used in this part, “urban renewal plan” means a plan, as it exists from time to time, for an urban renewal project, which plan:
- (1) Shall conform to the general plan for the municipality as a whole; and
- (2) Shall be sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements, and rehabilitation as may be proposed to be carried out in the area of the urban renewal project, zoning and planning changes, if any, land uses, maximum densities, building requirements, and the plan's relationship to definite local objectives respecting appropriate land uses, improved traffic, public transportation, public utilities, recreational and community facilities, and other public improvements.
- (b) An urban renewal plan shall be prepared and approved pursuant to the same procedure as provided in this part with respect to a redevelopment plan.
History (2)
- Acts 1955, ch. 181, § 1
- T.C.A., § 13-823.
§ 13-20-212. Powers of authority — Acquiring property — Bond issues. - (a) An authority has all the powers necessary or convenient to undertake and carry out urban renewal plans and urban renewal projects, including the authority to acquire property by eminent domain or purchase, and to dispose of property, to issue bonds and other obligations, to borrow and accept grants from the federal government or other source and to exercise the other powers which this part confers on an authority with respect to redevelopment projects. In connection with the planning and undertaking of any urban renewal plan or urban renewal project, the authority, the municipality, and all public and private officers, agencies, and bodies have all the rights, powers, privileges, and immunities which they have with respect to a redevelopment plan or redevelopment project, in the same manner as though all of the provisions of this part applicable to a redevelopment plan or redevelopment project were applicable to an urban renewal plan or urban renewal project; provided, that for such purpose, “redevelopment” as used in this part, except in this section and in the definition of “redevelopment project” in § 13-20-202, means “urban renewal”; and provided further, that “slum” and “blighted,” as used in this part, except in this section and in the definitions in § 13-20-201, mean “blighted, deteriorated, or deteriorating.” This section shall not change the corporate name of the authority of the short title of this part or amend any section of this part. In addition to the surveys and plans which an authority is otherwise authorized to make, an authority is hereby specifically authorized to make:
- (1) Plans for carrying out a program of voluntary repair and rehabilitation of buildings and improvements; and
- (2) Plans for the enforcement of laws, codes, and regulations relating to the use of land and the use and occupancy of buildings and improvements, and to the compulsory repair, rehabilitation, demolition, or removal of buildings and improvements.
- (b) The authority is authorized to develop, test, and report methods and techniques, and carry out demonstrations and other activities, for the prevention and the elimination of slums and urban blight.
- (c) Whenever the power of eminent domain as herein conferred shall be exercised, in estimating the damages, the jury or jury of view, as the case may be, shall give the value of the land or rights taken without deduction, together with incidental damages, if any. Where the removal of furniture, household belongings, fixtures, merchandise, stock in trade, inventories, equipment or machinery is made necessary by the taking, the reasonable expense of such removal shall be considered in assessing incidental damages. The reasonable expense of the removal of such chattels shall be construed as including the cost of: any necessary disconnection, dismantling or disassembling; the loading and drayage to another location not more than ten (10) miles distant; and the reassembling, reconnecting, and installing in such new location. This provision shall only apply when the power of eminent domain is exercised under this section.
History (3)
- Acts 1955, ch. 181, § 1
- 1965, ch. 192, § 1
- T.C.A., § 13-824.
§ 13-20-213. Delegation of powers — Bond issues. - (a) Any municipality or other public body is hereby authorized, without limiting any provision in § 13-20-212, to do any and all things necessary to aid and cooperate in the planning and undertaking of an urban renewal project in the area in which such municipality or public body is authorized to act, including the furnishing of such financial and other assistance as the municipality or public body is authorized by this part to furnish for or in connection with a redevelopment plan or redevelopment project.
- (b)
- (1) An authority is hereby authorized to delegate or assign to a municipality or other public body any or all of the powers or functions of the authority with respect to the planning or undertaking of an urban renewal project or projects in the area in which such municipality or public body is authorized to act, and/or to assign, transfer, and/or convey to any such municipality or public body any or all of its rights with respect to or interest in one (1) or more urban renewal projects, and such municipality or public body is hereby authorized to carry out or perform such powers or functions in the place and stead of the authority.
- (2) In addition, for a period commencing on May 22, 1984, and ending eighteen (18) months thereafter, an authority is hereby authorized to delegate or assign to a municipality any or all of the powers or functions of the authority with respect to the financing of an urban renewal project or projects, including, but not limited to:
- (A) The issuance of bonds or other obligations for any purpose for which the authority could issue its bonds with respect to any such project or projects;
- (B) The assumption of any bonds or other obligations of the authority with respect to any such project or projects;
- (C) The issuance of bonds or other obligations for the purpose of refunding any bonds or other obligations issued by the authority or issued or assumed by the municipality pursuant to the delegation and assignment of powers herein contained;
- (D) The receipt and collection of those tax revenues described in § 13-20-205(a)(2); and
- (E) The pledging of such revenues to the payment of principal of and interest on bonds or other obligations issued by the municipality pursuant to such delegation and assignment.
- (c) Upon the expiration of a period commencing on May 22, 1984, and ending eighteen (18) months thereafter, an authority shall no longer have the authority granted herein to delegate or assign any powers or functions relative to financing of urban renewal projects, and no municipality shall have the authority granted herein to issue or assume any bonds or obligations; provided, that the expiration of such authorization shall not invalidate or make unenforceable any bonds or other obligations issued or assumed by a municipality pursuant to any such delegation or assignment by an authority, nor impair the authority of a municipality to issue, as set forth herein, bonds or other obligations to refund any bonds or other obligations issued or assumed by the municipality pursuant to such delegation or assignment, nor impair the obligations of contract of a municipality with respect to any outstanding bonds or other obligations issued or assumed by the municipality pursuant to such assignment and delegation, nor impair the authority of a municipality to receive and collect tax revenues described in § 13-20-205(a)(2) and apply any such revenues to the payment of any such bonds or other obligations. This section does not apply in counties with populations greater than eight hundred thousand (800,000), according to the 1990 federal census or any subsequent federal census.
- (d) The delegation or assignment of any of the powers or functions of an authority with respect to any urban renewal projects, including the delegation of powers or functions relative to financing of urban renewal projects during the period hereinabove described, or the assignment, transfer or conveyance of any such projects as provided herein shall not require an amendment to any existing urban renewal plan or plans adopted in connection with any such project or projects.
- (e)
- (1) Notwithstanding [former] §§ 6-57-301 and 6-57-302 or any other provision of law to the contrary, any bonds or other obligations issued or assumed by any municipality pursuant to the delegation and assignment hereinabove described shall be authorized, issued, and sold in accordance with part 6 of this chapter and secured by and payable from such revenues as provided in part 6 of this chapter, which part shall constitute full, complete, and independent authority for the issuance of such bonds or other obligations by the municipality, as fully and with the same power as the authority could have issued such bonds or obligations; provided, that any bonds or other obligations issued by a municipality to refund any bonds or other obligations, other than bond anticipation notes, issued by the authority or issued or assumed by the municipality pursuant to the delegation and assignment hereinabove set forth shall be issued in accordance with title 9, chapter 21. Notwithstanding § 13-20-601, or any other provision of law to the contrary, any such municipality shall be authorized to secure the bonds or other obligations by pledging its full faith and credit and unlimited taxing power to the punctual payment of the principal of and interest on such bonds or obligations.
- (2) In the event such pledge of full faith and credit and unlimited taxing power of the municipality is given, prior to the issuance and sale of any such bonds, the municipality shall comply with title 9, chapter 21.
- (3) In the event such pledge of full faith and credit and unlimited taxing power of the municipality is given, any holder or holders of the bonds or obligations, including a trustee or trustees for holders of such bonds or obligations, shall have the right, in addition to all other rights, by mandamus or other suit, action or proceeding in any court of competent jurisdiction to enforce such rights of such holder or holders against the municipality, and the governing body of such municipality and any officer, agent or employee thereof, including, but not limited to, the right to require the municipality and the governing body and any proper officer, agent or employee thereof, to assess, levy and collect taxes and other revenues and charges adequate to carry out any agreement as to, or pledge of, such taxes, revenues and charges. The taxes herein authorized to be pledged shall be levied without limit as to rate or amount upon all taxable property within the municipality.
- (f) Any public body is hereby authorized to enter into agreements, which may extend over any period, notwithstanding any provision or rule of law to the contrary, with any other public body or bodies respecting action to be taken pursuant to any of the powers granted by this part, including the furnishing of funds or other assistance in connection with an urban renewal plan or urban renewal project.
History (6)
- Acts 1955, ch. 181, § 1
- T.C.A., § 13-825
- Acts 1984, ch. 747, § 2
- 1985, ch. 155, §§ 1, 2
- 1989, ch. 403, §§ 1, 2
- 1999, ch. 332, § 2.
§ 13-20-214. Development of program by municipality — Authorization. - The governing body of the municipality, or such public officer or public body as it may designate, is hereby authorized to prepare a workable program, which may include an official plan of action, as it exists from time to time for effectively dealing with the problem of urban slums and blighted, deteriorated, or deteriorating areas within the community and for the establishment and preservation of a well-planned community with well-organized residential neighborhoods of decent homes and suitable living environment for adequate family life, for utilizing appropriate private and public resources to eliminate, and prevent the development or spread of, slums and urban blight and deterioration, to encourage needed urban rehabilitation, to provide for the redevelopment of blighted, deteriorated, or slum areas, or to undertake such of the aforementioned activities or other feasible activities as may be suitably employed to achieve the objectives of such a program.
History (2)
- Acts 1955, ch. 181, § 1
- T.C.A., § 13-826.
§ 13-20-216. Notice to property owner of proposed acquisition. - (a) Whenever the acquisition of any real property in a designated blighted area is proposed and is predicated solely upon the findings that the structure or structures involved are dilapidated and are in violation of the applicable building and housing codes, the owner of the property shall be notified of the planned acquisition by certified mail to the owner's latest address of record, and the owner shall be accorded a reasonable time, in no case less than ninety (90) days from the date of the notice, to bring the substandard structure into compliance with such codes.
- (b) This section shall not apply in any county having a metropolitan form of government or in any county with a population of:
-
- 6,125 6,225
- 14,92514,940
- 15,675 15,775
- 56,000 56,100
- 85,725 85,825
- 287,700287,800
- 700,001
-
- according to the 1980 federal census or any subsequent federal census.
History (1)
- Acts 1982, ch. 816, §§ 3-7.
§ 13-20-217. Airport noise mitigation programs. - (a) Notwithstanding any law to the contrary, in addition to those powers specified in this chapter, any municipal housing authority exercising any of the powers specified in this chapter is hereby authorized to enter into cooperative agreements, with any county with a metropolitan form of government which adopts an airport noise mitigation program pursuant to § 7-3-313, to implement or administer the airport noise mitigation program or any portion thereof.
- (b) No state funds shall be obligated or expended to implement this section.
History (1)
- Acts 1991, ch. 500, §§ 2, 3.
Part 3 Relocation of Utility Facilities § 13-20-301. Findings and declarations. - (a) The findings and declarations made in § 13-20-209, with respect to slum, blighted, and deteriorated areas, are hereby affirmed and restated.
- (b) Redevelopment and urban renewal project areas include streets, alleys, easements, and other public ways in, under, and over which utility facilities are installed. Public streets and alleys are intended for public travel and transportation; but they are also intended for proper utility uses in serving the public, as authorized by applicable laws of this state, and such utility usage is for the benefit of the public served. Without making use of public ways, utility lines could not reach or economically service the adjacent public, particularly in urban areas; and further:
- (1) The business and activities of utilities involve the rendition of essential public services vital to the health, safety and welfare of the citizens of this state;
- (2) The development and existence of utilities directly and vitally affects the development, growth, and expansion of the general welfare, business and industry of this state; and
- (3) All persons in this state are actual or potential customers of one (1) or more utility services, and all consumers will be affected by the cost of relocation of their facilities as necessary to accommodate redevelopment and urban renewal projects.
- (c) The obligation of such utility relocation is a burden on the public of this state and it is, therefore, in the public interest that such burden be minimized consistent with the purpose of such redevelopment and urban renewal project; therefore, it is the intent of the general assembly to ensure that the police power of the state in requiring relocation of utilities be exercised in a responsible manner.
- (d) The cost of utility relocation necessitated by redevelopment and urban renewal projects undertaken in accordance with §§ 13-20-101 — 13-20-215, and any amendments thereto, are properly a part of the cost of such projects, and it is in the public interest to provide for the equitable reimbursement of such cost of relocation; therefore, such relocation cost shall be included as part of the project costs of such redevelopment and urban renewal projects.
- (e) The statements in this section are legislative determinations and declarations of public policy, and this part should be liberally construed in conformity with its declaration and provisions to promote the public interest.
History (2)
- Acts 1971, ch. 191, § 1
- T.C.A., § 13-828.
§ 13-20-302. Part definitions. - As used in this part, unless the context otherwise requires:
- (1) “Cost of relocation” means the entire amount paid properly attributable to such relocation, after deducting therefrom any increase in the value of the new facility and any salvage value derived from the old facility;
- (2) “Public service facility” means any sewer, pipe, main, conduit, manhole, cable, wire, pole, tower, building, or utility appliance owned or operated by a utility;
- (3) “Relocation” means any horizontal or vertical movement of utility facilities intact and any protective measures taken or the construction of new or additional facilities, with or without contemporaneous removal and salvage of old facilities, including removal, readjustment, rerouting, or changing the grade of or alternating the construction of any public service facility, either temporarily or permanently, whether or not such relocation is made necessary by the closing of any highway, street, public alley or public right-of-way or the taking of easements whether publicly or privately owned; and
- (4) “Utility” includes all utilities either public, private, or cooperatively owned which furnish utility service including, but not limited to, water, electric power, sanitary sewers, storm sewers, steam power, gas, and telephone or telegraph service, through a system of pipes, conduits, cables, or wires devoted to public utility service.
History (2)
- Acts 1971, ch. 191, § 2
- T.C.A., § 13-829.
§ 13-20-303. Reimbursement of cost of moving utility facilities. - Whenever a municipality, housing authority, or other public body of this state determines that the relocation of public service facilities of a utility within a redevelopment or urban renewal project area is necessary to the carrying out of a redevelopment or urban renewal plan pursuant to this chapter, the municipality, housing authority, or other public body shall reimburse the utility for the cost of relocation of such facilities.
History (2)
- Acts 1971, ch. 191, § 3
- T.C.A., § 13-830.
§ 13-20-304. Exceptions. - This part shall not apply to any taking or damaging of property for which the utility is entitled compensation pursuant to the constitution of Tennessee or the United States, or pursuant to any binding agreement inuring to the utility's benefit.
History (2)
- Acts 1971, ch. 191, § 4
- T.C.A., § 13-831.
Part 4 City Housing Authorities § 13-20-401. Petition for creation of authority — Notice. - (a) Any twenty-five (25) residents of a city, and of the area within ten (10) miles from the territorial boundaries thereof, may file a petition with the city clerk setting forth that there is a need for an authority to function in the city and the surrounding area.
- (b) Upon the filing of such a petition, the city clerk shall give notice of the time, place, and purposes of a public hearing at which the council will determine the need for an authority in the city and the surrounding area.
- (c) Such notice shall be given at the city's expense by publishing a notice, at least ten (10) days preceding the day on which the hearing is to be held, in a newspaper having a general circulation in the city and the surrounding area, or, if there is no such newspaper, by posting such notice in at least three (3) public places within the city, at least ten (10) days preceding the day on which the hearing is to be held.
History (3)
- Acts 1935 (Ex. Sess.), ch. 20, § 4
- C. Supp. 1950, § 3647.3 (Williams, § 3647.4)
- T.C.A. (orig. ed.), § 13-901.
§ 13-20-402. Hearing — Determination. - (a) Upon the date fixed for the hearing held upon notice as provided in § 13-20-401, an opportunity to be heard shall be granted to all residents and taxpayers of the city and the surrounding area and to all other interested persons.
- (b)
- (1) After such a hearing, the council shall determine:
- (A) Whether unsanitary or unsafe inhabited dwelling accommodations exist in the city and the surrounding area; and/or
- (B) Whether there is a lack of safe or sanitary dwelling accommodations in the city and the surrounding area available for all the inhabitants of such city or area. In determining whether dwelling accommodations are unsafe or unsanitary, the council shall take into consideration the following:
- (i) The physical condition and age of the building;
- (ii) The degree of overcrowding;
- (iii) The percentage of land coverage;
- (iv) The light and air available to the inhabitants of such dwelling accommodations;
- (v) The size and arrangement of the rooms;
- (vi) The sanitary facilities; and
- (vii) The extent to which conditions exist in such buildings which endanger life or property by fire or other causes.
- (2) If it shall determine that either or both of the above enumerated conditions exist, the council shall adopt a resolution so finding, which need not go into any detail other than the mere finding, and shall cause notice of such determination to be given to the mayor who shall thereupon appoint, as hereinafter provided, five (5) commissioners to act as an authority.
History (3)
- Acts 1935 (Ex. Sess.), ch. 20, § 4
- C. Supp. 1950, § 3647.3 (Williams, § 3647.4)
- T.C.A. (orig. ed.), § 13-902.
§ 13-20-403. Verified application of commissioners — Contents. - (a) The commissioners shall present to the secretary of state an application signed by them, which shall set forth without any detail other than the mere recital:
- (1) That a notice has been given and public hearing has been held as aforementioned, that the council made the aforementioned determination after such hearing, and that the mayor has appointed them as commissioners;
- (2) The name and official residence of each of the commissioners, together with a certified copy of the appointment evidencing their right to office, the date and place of induction into and taking oath of office, and that they desire the housing authority to become a public body and a body corporate and politic under this chapter;
- (3) The term of office of each of the commissioners;
- (4) The name which is proposed for the corporation; and
- (5) The location of the principal office of the proposed corporation.
- (b) The application shall be subscribed and sworn to by each of the commissioners before an officer authorized by the laws of the state to take and certify oaths, who shall certify upon the application that such officer personally knows the commissioners and knows them to be the officers as asserted in the application, and that each subscribed and swore thereto in the officer's presence. The secretary of state shall examine the application and, if the secretary of state finds that the name proposed for the corporation is not identical with that of a person or of any other corporation of this state or so nearly similar as to lead to confusion and uncertainty, the secretary of state shall receive and file it, and shall record it in an appropriate book of record in the secretary of state's office.
History (3)
- Acts 1935 (Ex. Sess.), ch. 20, § 4
- C. Supp. 1950, § 3647.3 (Williams, § 3647.4)
- T.C.A. (orig. ed.), § 13-903.
§ 13-20-404. Authority a public body corporate. - When the application has been made, filed and recorded, as herein provided, the authority shall constitute a public body corporate and politic under the name proposed in the application. The secretary of state shall make and issue to the commissioners a certificate of incorporation pursuant to this chapter, under the seal of the state, and shall record the same with the application.
History (3)
- Acts 1935 (Ex. Sess.), ch. 20, § 4
- C. Supp. 1950, § 3647.3 (Williams, § 3647.4)
- T.C.A. (orig. ed.), § 13-904.
§ 13-20-405. Boundaries of authority. - (a) The boundaries of such authority shall include the city and the area within ten (10) miles from the territorial boundaries of the city, but in no event shall it include the whole or a part of any other city nor any area included within the boundaries of another authority.
- (b) In case an area lies within ten (10) miles of the boundaries of more than one (1) city, such area shall be deemed to be within the boundaries of the authority embracing such area which was first established, all priorities to be determined on the basis of the time of the issuance of the aforementioned certificates by the secretary of state.
- (c) After the creation of an authority, the subsequent existence within its territorial boundaries of more than one (1) city shall in no way affect the territorial boundaries of such authority.
History (3)
- Acts 1935 (Ex. Sess.), ch. 20, § 4
- C. Supp. 1950, § 3647.3 (Williams, § 3647.4)
- T.C.A. (orig. ed.), § 13-905.
§ 13-20-406. Resolution denying petition. - (a) If the council, after hearing as aforementioned, shall determine that neither of the conditions enumerated in § 13-20-402 exist, it shall adopt a resolution denying the petition.
- (b) After three (3) months have expired from the date of the denial of any such petitions, subsequent petitions may be filed as aforementioned and new hearings and determinations made thereon.
History (3)
- Acts 1935 (Ex. Sess.), ch. 20, § 4
- C. Supp. 1950, § 3647.3 (Williams, § 3647.4)
- T.C.A. (orig. ed.), § 13-906.
§ 13-20-407. Contracts of authority — Validity. - In any suit, action or proceeding involving the validity or enforcement of, or relating to, any contract of the authority, the authority shall be conclusively deemed to have been established in accordance with this chapter. Upon proof of the issuance of the aforementioned certificate by the secretary of state, a copy of such certificate, duly certified by the secretary of state, shall be admissible in evidence in any such suit, action or proceedings, and shall be conclusive proof of the filing and the contents thereof.
History (3)
- Acts 1935 (Ex. Sess.), ch. 20, § 4
- C. Supp. 1950, § 3647.3 (Williams, § 3647.4)
- T.C.A. (orig. ed.), § 13-907.
§ 13-20-408. Commissioners — Appointment — Residency requirement — Terms — Quorum — Compensation — Legal services — Personnel. - (a)
- (1) An authority shall consist of five (5) commissioners appointed by the mayor, and the mayor shall designate the first chair. The commissioners who are first appointed shall be designated by the mayor to serve for terms of one (1), two (2), three (3), four (4) or five (5) years, respectively, from the date of their appointment. Pursuant to § 13-20-117(b), the term of office of the commissioner who is a resident of low-rent public housing or a housing project of a housing authority in any county having a population of not less than three hundred nineteen thousand six hundred twenty-five (319,625) nor more than three hundred nineteen thousand seven hundred twenty-five (319,725), according to the 1980 federal census or any subsequent federal census, shall be two (2) years. Thereafter, the term of office for all commissioners shall be five (5) years. A majority of the commissioners on the board shall constitute a quorum.
- (2) In any county having a population of not less than eighty-seven thousand nine hundred (87,900) nor more than eighty-eight thousand (88,000), according to the 2000 federal census or any subsequent federal census, an authority shall consist of not less than five (5) nor more than seven (7) commissioners appointed by the mayor. In such event that more than five (5) commissioners are appointed by the mayor, appointments shall be made by the mayor in such manner that the terms of no more than two (2) commissioners shall expire in any year. The term of office for all commissioners shall be five (5) years. A majority of the commissioners on the board shall constitute a quorum.
- (b) In cities of more than one hundred thousand (100,000) population, according to the federal census of 1980 or any subsequent federal census, where it is determined by the mayor that a larger number of commissioners is necessary to assure adequate representation of the larger populace, the authority may be increased by the mayor to seven (7) commissioners. In such event, appointments shall be made by the mayor in such manner that the terms of no more than two (2) commissioners shall expire in any year and it shall take four (4) commissioners to constitute a quorum.
- (c)
- (1)
- (A) In any county having a population of not less than sixty-two thousand three hundred (62,300) nor more than sixty-two thousand four hundred (62,400), according to the 2000 federal census or any subsequent federal census, the authority shall be increased to seven (7) commissioners. In such county, appointments shall be made in such a manner that the terms of no more than two (2) commissioners shall expire in any year, and it shall take four (4) commissioners to constitute a quorum.
- (B) Except as provided in § 13-20-117(a) for housing authorities in any city or county with a metropolitan form of government, at least one (1) commissioner shall be a resident of public housing. For the purposes of this subsection (c), “resident of public housing” means a resident in good standing, at the time of such resident's appointment as a commissioner of public housing or Section 8 housing administered by the local housing authority.
- (C) Unless otherwise provided by law, the term of office of such resident shall be for the term provided in subsection (a) or until the person is no longer a resident of public housing, whichever first occurs.
- (D) Unless a housing authority has already appointed a resident of low-rent public housing or a housing project as a commissioner, or an appointment procedure is otherwise provided by law, the resident of public housing to be appointed as a commissioner under subdivision (c)(1)(A) shall be appointed to a vacancy which is unfilled on May 24, 2000, or if no vacancies are unfilled on May 24, 2000, to the first vacancy occurring after May 24, 2000. If the vacancy is to fill an unexpired term, such resident shall be appointed to complete the unexpired term of office created by the vacancy. If the first vacancy occurring is at the expiration of the term of office of a commissioner, then, subject to subdivision (c)(1)(B), such resident shall be appointed for the full term of office. Such commissioner position shall thereafter be filled only by a resident of public housing either to fill an unexpired term or at the end of an expired term.
- (E) The conclusion of a term shall not constitute a vacancy if the incumbent member is reappointed.
- (2) This subsection (c) shall be permissive for housing authorities with three hundred (300) or fewer housing units.
- (d) A commissioner shall hold office until the commissioner's successor has been appointed and qualified. Vacancies shall be filled for the unexpired term. The mayor shall file with the city clerk a certificate of the appointment or reappointment of any commissioner and such certificate shall be conclusive evidence of the due and proper appointment of such commissioner. A commissioner shall receive no compensation for such commissioner's services but shall be entitled to the necessary expenses, including traveling expenses incurred in the discharge of the commissioner's duties, unless otherwise authorized by local ordinance. No commissioner may be a city official. In no case shall compensation be paid to any commissioner from state or federal funds.
- (e) When the office of the first chair of the authority becomes vacant, the authority shall elect a chair from among its members. An authority shall select from among its members a vice chair, and it may employ a secretary, who shall be executive director, technical experts and such other officers, agents and employees, permanent and temporary, as it may require, and shall determine their qualifications, duties and compensation. An authority may call upon the corporation counsel or chief law officer of the city for such legal services as it may require or it may employ its own counsel and legal staff. An authority may delegate to one (1) or more of its agents or employees such powers or duties as it may deem proper. An employee of a housing authority in counties having a population of not less than three hundred twenty thousand (320,000) nor more than four hundred eighty thousand (480,000), according to the 1990 federal census or any subsequent federal census, shall not be deemed, as a result of employment by such housing authority, to be an employee of any city or municipality.
- (f) Notwithstanding any provision of this section to the contrary, membership of an authority shall be increased in accordance with § 13-20-415(c).
History (11)
- Acts 1935 (Ex. Sess.), ch. 20, § 5
- C. Supp. 1950, § 3647.4 (Williams, § 3647.5)
- T.C.A. (orig. ed.), § 13-908
- Acts 1984, ch. 941, § 1
- 1988, ch. 568, § 2
- 1989, ch. 82, § 1
- 1992, ch. 654, §§ 1, 2
- 1995, ch. 224, §§ 1, 2
- 2000, ch. 822, § 1
- 2002, ch. 542, § 1
- 2003, ch. 23, § 1.
§ 13-20-409. Duty of the authority and commissioners. - The authority and its commissioners shall be under a statutory duty to comply or to cause compliance strictly with all provisions of this chapter, and the laws of the state and in addition thereto with each and every term, provision and covenant in any contract of the authority on its part to be kept or performed.
History (3)
- Acts 1935 (Ex. Sess.), ch. 20, § 6
- C. Supp. 1950, § 3647.5 (Williams, § 3647.6)
- T.C.A. (orig. ed.), § 13-909.
§ 13-20-411. Removal of commissioners — Hearing. - (a) The mayor may remove a commissioner for inefficiency or neglect of duty or misconduct in office, but only after the commissioner shall have been given a copy of the charges against such commissioner, which may be made by the mayor, at least ten (10) days prior to the hearing thereon and had an opportunity to be heard in person or by counsel.
- (b) Any obligee of the authority may file with the mayor written charges that the authority is violating willfully any law of the state or any term, provision or covenant in any contract to which the authority is a party. The mayor shall give each of the commissioners a copy of such charges at least ten (10) days prior to the hearing thereon and an opportunity to be heard in person or by counsel, and shall within fifteen (15) days after receipt of such charges remove any commissioner of the authority who is found to have acquiesced in any such willful violation.
- (c) A commissioner shall be deemed to have acquiesced in a willful violation by the authority of a law of this state or of any term, provision or covenant contained in a contract to which the authority is a party, if, before a hearing is held on the charges against the commissioner, the commissioner has not filed with the authority a written statement of the commissioner's objections to or lack of participation in such violation.
- (d) In the event of the removal of any commissioner, the mayor shall file in the office of the city clerk a record of the proceedings, together with the charges made against the commissioner and the findings thereon.
History (3)
- Acts 1935 (Ex. Sess.), ch. 20, § 8
- C. Supp. 1950, § 3647.7 (Williams, § 3647.8)
- T.C.A. (orig. ed.), § 13-911.
§ 13-20-412. Reports and recommendations. - The authority shall at least once a year, file with the mayor of the city a report of its activities for the preceding year, and shall make any recommendations with reference to any additional legislation or other action that may be necessary in order to carry out the purposes of this chapter.
History (3)
- Acts 1935 (Ex. Sess.), ch. 20, § 27
- C. Supp. 1950, § 3647.23 (Williams, § 3647.27)
- T.C.A. (orig. ed.), § 13-912.
§ 13-20-413. Housing projects — Operation not for profit. - It is declared to be the policy of this state that each housing authority shall manage and operate its housing projects in an efficient manner so as to enable it to fix the rentals for dwelling accommodations at the lowest possible rates consistent with its providing decent, safe and sanitary dwelling accommodations, and that no housing authority shall construct or operate any such project for profit, or as a source of revenue to the city. To this end, an authority shall fix the rentals for dwellings in its projects at no higher rates than it shall find to be necessary in order to produce revenues which, together with all other available moneys, revenues, income and receipts of the authority from whatever sources derived, will be sufficient to:
- (1) Pay, as the same become due, the principal of and interest on the bonds of the authority;
- (2) Meet the cost of, and to provide for, maintaining and operating the projects, including the cost of any insurance on its property or bonds, and the administrative expenses of the authority; and
- (3) Create, during not less than the six (6) years immediately succeeding its issuance of any bonds, a reserve sufficient to meet the largest principal and interest payments which will be due on such bonds in any one (1) year thereafter and to maintain such reserve.
History (3)
- Acts 1935 (Ex. Sess.), ch. 20, § 31, as added by Acts 1937, ch. 234, § 5
- C. Supp. 1950, § 3647.24 (Williams, § 3647.29a)
- T.C.A. (orig. ed.), § 13-913.
§ 13-20-414. Action of city or municipality by resolution. - Except as otherwise provided in this chapter, all action authorized to be taken under such law by the council or other governing body of any city or of any municipality may be by resolution adopted by a majority of all the members of its council or other governing body, which resolution may be adopted at the meeting of the council or other governing body at which such resolution is introduced and shall take effect immediately upon such adoption, and no such resolution need be published or posted.
History (3)
- Acts 1935 (Ex. Sess.), ch. 45, § 4
- C. Supp. 1950, § 3647.29W (Williams, § 3647.33)
- T.C.A. (orig. ed.), § 13-914.
§ 13-20-415. Operations of authority in other municipalities or counties. - (a) In addition to its other powers, a housing authority created for a city may exercise any or all of its powers within the territorial boundaries of any other municipality not included in the area of operation of such housing authority, for the purpose of planning, undertaking, financing, constructing and operating a housing project or projects within such municipality; provided, that a resolution has been adopted:
- (1) By the governing body of such municipality in which the authority is to exercise its powers; and
- (2) By any housing authority theretofore established by such municipality and authorized to exercise its powers therein declaring that there is a need for the housing authority of the aforementioned city to exercise its powers within such municipality.
- (b) A municipality has the same powers to furnish financial and other assistance to a housing authority exercising its powers within such municipality under this section as though the municipality were within the area of operation of such authority.
- (c)
- (1) If a housing authority plans, undertakes, finances, constructs or operates a housing project or projects within the territorial boundaries of any other municipality not included in the area of operation of such housing authority or in an unincorporated area in a county other than the one in which such housing authority is located, then the board of such authority shall be expanded. A commissioner shall be appointed from each such county and/or municipality and such commissioner shall be a resident of the municipality or county, if such project is in an unincorporated area, in which the project or projects are located. The mayor of such municipality or the county legislative body, respectively, shall appoint such commissioner. The term of office, compensation, qualifications and duties of commissioners appointed pursuant to this section shall be the same as other commissioners appointed pursuant to § 13-20-408.
- (2)
- (A) This subsection (c) shall only apply to any municipality having a population of not less than two thousand three hundred (2,300) nor more than two thousand three hundred fifty (2,350) in any county having a population of not less than sixty-seven thousand three hundred (67,300) nor more than sixty-seven thousand four hundred (67,400) and to any municipality in any county having a population of:
-
-
- 11,70011,800
- 14,80014,850
- 16,60016,700
- 19,20019,300
- 24,57524,600
- 34,80034,900
-
- according to the 1980 federal census or any subsequent federal census, and the housing authority of any such municipality shall have all of the rights and responsibilities granted by this chapter.
-
- (B) This subdivision (c)(2) shall apply to projects entered into prior to April 17, 1990, but shall not be construed to affect, modify, abrogate, limit or alter any decision, vote, contract, right or obligation entered into prior to the appointment of new commissioners pursuant to this subdivision (c)(2).
History (5)
- Acts 1935 (Ex. Sess.), ch. 20, § 42, as added by Acts 1943, ch. 22, § 6
- C. Supp. 1950, § 3647.29F (Williams, § 3647.29r)
- T.C.A. (orig. ed.), § 13-915
- Acts 1989, ch. 82, §§ 2, 4
- 1990, ch. 916, §§ 1, 2.
§ 13-20-416. Findings required for authority to operate in municipality. - (a) No governing body of a city or other municipality shall adopt a resolution as provided in § 13-20-415 or § 13-20-503 declaring that there is a need for a housing authority, other than a housing authority established by such municipality, to exercise its powers within such municipality, unless a public hearing has first been held by the governing body and unless the governing body has found in substantially the following terms:
- (1) Unsanitary or unsafe inhabitated dwelling accommodations exist in such municipality or there is a shortage of safe or sanitary dwelling accommodations in such municipality available to persons of low income at rentals they can afford; and
- (2) These conditions can be best remedied through the exercise of the aforementioned housing authority's powers within the territorial boundaries of such municipality;
- provided, that such findings shall not have the effect of thereafter preventing such municipality from establishing a housing authority or joining in the creation of a consolidated housing authority or the increase of the area of operation of a consolidated housing authority. The clerk, or the officer with similar duties, of the city or other municipality shall give notice of the public hearing, and such hearing shall be held in the manner provided in § 13-20-402 for a public hearing by a council to determine the need for a housing authority in the city.
- (b) During the time that, pursuant to these findings, a housing authority has outstanding, or is under contract to issue, any evidence of indebtedness for a project within the city or other municipality, no other housing authority may undertake a project within such municipality without the consent of the housing authority which has such outstanding indebtedness or obligation.
History (3)
- Acts 1935 (Ex. Sess.), ch. 20, § 43, as added by Acts 1943, ch. 22, § 6
- C. Supp. 1950, § 3647.29G (Williams, § 3647.29s)
- T.C.A. (orig. ed.), § 13-916.
§ 13-20-417. Advances to housing authority. - When any housing authority which is created for any city becomes authorized to transact business and exercise its powers therein, the governing body of the city shall immediately make an estimate of the amount of money necessary for the administrative expenses and overhead of such housing authority during the first year thereafter, and shall appropriate such amount to the authority out of any moneys in such city not appropriated to some other purposes. The moneys so appropriated shall be paid to the authority as a donation. Any municipality located in whole or in part within the area of operation of a housing authority shall have the power from time to time to lend or donate money to the authority or to agree to take such action. The housing authority, when it has money available therefor, shall make reimbursement for all such loans made to it.
History (3)
- Acts 1935 (Ex. Sess.), ch. 45, § 8, as added by Acts 1937, ch. 225, § 1
- C. Supp. 1950, § 3647.29X (Williams, § 3647.36a)
- T.C.A. (orig. ed.), § 13-917.
§ 13-20-418. Consolidated housing authority. - (a)
- (1) If the governing body of each of two (2) or more municipalities by resolution declares that there is a need for one (1) housing authority for all of such municipalities to exercise in such municipalities the powers and other functions prescribed for a housing authority, a public body corporate and politic to be known as a consolidated housing authority, with such corporate name as it selects, shall thereupon exist for all such municipalities, and exercise its powers and other functions within its area of operation, as herein defined, including the power to undertake projects therein, and thereupon any housing authority created for any of such municipalities shall cease to exist except for the purpose of winding up its affairs and executing a deed of its real property to the consolidated housing authority; provided, that the creation of a consolidated housing authority and the finding of need therefor shall be subject to the same provisions and limitations of this chapter as are applicable to the creation of a regional housing authority, and that all of the provisions of such law applicable to regional housing authorities and the commissioners thereof shall be applicable to consolidated housing authorities and the commissioners thereof. The area of operation or boundaries of a consolidated housing authority shall include all of the territory within the boundaries of each municipality joining in the creation of such authority, together with the territory within ten (10) miles of the boundaries of each such municipality, except that such area of operation may be changed to include or exclude any municipality or municipalities (with its aforementioned surrounding territory) in the same manner and under the same provisions as provided in such law for changing the area of operation of a regional housing authority by including or excluding a contiguous county or counties.
- (2) For all such purposes, unless a different meaning clearly appears from the context:
- (A) “County” means “municipality”;
- (B) “County housing authority” and “regional housing authority” mean “housing authority of the city” and “consolidated housing authority,” respectively; and
- (C) “County legislative body” means governing body, except in § 13-20-507, where it shall be construed as meaning “mayor” or other executive head of the municipality.
- (b) The governing body of a municipality for which a housing authority has not been created may adopt the above resolution if it first determines that there is a need for a housing authority to function in the municipality, which determination shall be made in the same manner and subject to the same conditions as the determination required in § 13-20-402 for the creation of a housing authority for a city; provided, that the governing body of the municipality may, without a petition therefor, hold a hearing to determine the need for a housing authority to function therein.
- (c) Except as otherwise provided herein, a consolidated housing authority and the commissioners thereof shall, within the area of operation of such consolidated housing authority, have the same functions, rights, powers, duties, privileges, immunities and limitations as those provided for housing authorities created for cities, counties, or groups of counties, and the commissioners of such housing authorities, in the same manner as though all law applicable to housing authorities created for cities, counties, or groups of counties were applicable to consolidated housing authorities.
History (4)
- Acts 1935 (Ex. Sess.), ch. 20, § 41, as added by Acts 1943, ch. 22, § 6
- C. Supp. 1950, § 3647.29E (Williams, § 3647.29q)
- impl. am. Acts 1978, ch. 934, §§ 7, 36
- T.C.A. (orig. ed.), § 13-918.
§ 13-20-419. Security force. - (a) In cities with a population of over one hundred thousand (100,000), according to the 1970 federal census or any subsequent federal census, each housing authority, managing and operating housing projects for persons of low income under this chapter may, if funds can be provided for this purpose, provide a security force for such project to assure the safety of the tenants and their property and the safety and the protection of the premises.
- (b) While acting in such capacity, an officer of such force has the same authority as a law enforcement officer as defined in § 39-11-106(a), and may receive a written directive to carry a handgun under § 39-17-1315 if such officer meets the qualifications in § 38-8-106 and the training requirements of § 38-8-107(a). While acting in such capacity, such officer has the authority to make arrests for offenses committed on the property of such public housing project.
History (3)
- Acts 1973, ch. 240, §§ 1, 2
- T.C.A., § 13-919
- Acts 1997, ch. 126, § 1.
Part 5 County and Regional Housing Authorities § 13-20-501. Creation and powers of authority for a county. - (a) Except as otherwise provided herein, a housing authority may be created for any county, and the commissioners of such authority may be appointed, in the same manner as provided in this chapter, for the creation of a housing authority for a city and the appointment of the commissioners of such authority. Each housing authority created for a county and the commissioners thereof shall have the same functions, rights, powers, duties, privileges, immunities and limitations provided for housing authorities created for cities and the commissioners of such housing authorities, and all law applicable to housing authorities created for cities and the commissioners of such authorities shall be applicable to housing authorities created for counties and the commissioners of such authorities.
- (b) For all such purposes, unless a different meaning clearly appears from the context:
- (1) “City” or “city and the area within ten (10) miles from the territorial boundaries thereof” means county;
- (2) “City clerk” means county clerk; and
- (3) “Mayor” or “council” as used in this chapter and any amendment thereto are construed as meaning county legislative body.
- (c) A housing authority created for a county shall not be subject to the limitations provided in § 13-20-113(a)(4) with respect to housing projects for farmers of low income.
History (4)
- Acts 1935 (Ex. Sess.), ch. 20, § 33, as added by Acts 1943, ch. 22, § 6
- C. Supp. 1950, § 3647.26 (Williams, § 3647.29i)
- impl. am. Acts 1978, ch. 934, §§ 7, 22, 36
- T.C.A. (orig. ed.), § 13-1001.
§ 13-20-502. Creation of regional housing authority. - (a) If the legislative body of each of two (2) or more contiguous counties by resolution declares that there is a need for one (1) housing authority to be created for all such counties to exercise in such counties powers and other functions prescribed for a regional housing authority, a public body corporate and politic to be known as a regional housing authority shall, after the commissioners thereof file an application with the secretary of state as hereinafter provided, exist for all of such counties and exercise its powers and other functions in such counties; and thereupon, any county housing authority created for any of such counties shall cease to exist except for the purpose of winding up its affairs and executing a deed to the regional housing authority as hereinafter provided; provided, that the legislative body of a county shall not adopt a resolution as aforementioned if there is a county housing authority created for such county which has any bonds or notes outstanding, unless:
- (1) First, all holders of such bonds and notes consent in writing to the substitution of such regional housing authority in lieu of such county housing authority on all such bonds and notes; and
- (2) Second, the commissioners of such county housing authority adopt a resolution consenting to the transfer of all the rights, contracts, obligations, and property, real and personal, of such county housing authority, to such regional housing authority as hereinafter provided;
- and provided further, that when there is compliance with the above two (2) conditions and such regional housing authority is created and authorized to exercise its powers and other functions, all rights, contracts, agreements, obligations and property, real and personal, of such county housing authority, shall be in the name of and vest in such regional housing authority, and all obligations of such county housing authority shall be the obligations of such regional housing authority, and all rights and remedies of any person against such county housing authority may be asserted, enforced, and prosecuted against such regional housing authority to the same extent as they might have been asserted, enforced, and prosecuted against such county housing authority.
- (b) When any real property of a county housing authority vests in a regional housing authority as provided above, the county housing authority shall execute a deed of such property to the regional housing authority which thereupon shall file such deed in the office provided for the filing of deeds; provided, that nothing contained in this sentence shall affect the vesting of property in the regional housing authority as provided above.
- (c) The legislative body of each of two (2) or more contiguous counties shall by resolution declare that there is a need for one (1) regional housing authority to be created for all of such counties to exercise in such counties powers and other functions prescribed for a regional housing authority, only if such county legislative body finds that:
- (1) Unsanitary or unsafe inhabited dwelling accommodations exist in such county or there is a shortage of safe or sanitary dwelling accommodations in such county available to persons of low income at rentals they can afford; and
- (2) A regional housing authority would be a more efficient or economical administrative unit than a housing authority of such county.
History (4)
- Acts 1935 (Ex. Sess.), ch. 20, § 34, as added by Acts 1943, ch. 22, § 6
- C. Supp. 1950, § 3647.27 (Williams, § 3647.29j)
- impl. am. Acts 1978, ch. 934, §§ 7, 36
- T.C.A. (orig. ed.), § 13-1002.
§ 13-20-503. Area of operation of county and regional housing authorities. - The area of operation or boundaries of a housing authority created for a county shall include all of the county for which it is created, and the area of operation or boundaries of a regional housing authority shall include, except as otherwise provided elsewhere in this chapter, all of the counties for which such regional housing authority is created and established; provided, that a county or regional housing authority shall not undertake any housing project or projects within the boundaries of any city or other municipality of more than two thousand (2,000) inhabitants, unless a resolution has been adopted by the governing body of such city or other municipality, and also by any housing authority which has been theretofore established and authorized to exercise its powers in such city or other municipality, declaring that there is a need for the county or regional housing authority to exercise its powers within such city or other municipality.
History (3)
- Acts 1935 (Ex. Sess.), ch. 20, § 35, as added by Acts 1943, ch. 22, § 6
- C. Supp. 1950, § 3647.28 (Williams, § 3647.29k)
- T.C.A. (orig. ed.), § 13-1003.
§ 13-20-504. Increasing area of operation of regional housing authority. - (a)
- (1) The area of operation or boundaries of a regional housing authority may be increased from time to time to include one (1) or more additional contiguous counties not already within a regional housing authority, if the legislative body of each of the counties then included in the area of operation of such regional housing authority, the commissioners of the regional housing authority and the legislative body of each such additional county or counties adopt a resolution declaring that there is a need for the inclusion of such additional county or counties in the area of operation of such regional housing authority. Upon the adoption of such resolution, any county housing authority created for any such additional county shall cease to exist except for the purpose of winding up its affairs and executing a deed to the regional housing authority as hereinafter provided; provided, that such resolutions shall not be adopted if there is a county housing authority created for any such additional county which has any bonds or notes outstanding unless:
- (A) First, all holders of such bonds and notes consent in writing to the substitution of such regional housing authority in lieu of such county housing authority as the obligor thereon; and
- (B) Second, the commissioners of such county housing authority adopt a resolution consenting to the transfers of all rights, contracts, bonds and property, real and personal, of such county housing authority to such regional housing authority as hereinafter provided.
- (2) When there is compliance with the above two (2) conditions and the area of operation of such regional housing authority is increased to include such additional county, as hereinabove provided, all rights, contracts, bonds, and property, real and personal, of such county housing authority shall be in the name of and vest in such regional housing authority, all contracts and bonds of such county housing authority shall be the contracts and bonds of such regional housing authority and all rights and remedies of any person against such county housing authority may be asserted, enforced, and prosecuted against such regional housing authority to the same extent as they might have been asserted, enforced, and prosecuted against such county housing authority.
- (b) When any real property of a county housing authority vests in a regional housing authority as provided above, the county housing authority shall execute a deed of such property to the regional housing authority, which thereupon shall file such deed in the office provided for the filing of deeds; provided, that nothing contained in this subsection (b) shall affect the vesting of property in the regional housing authority as provided above.
- (c) The legislative body of each of the counties in the regional housing authority, the commissioners of the regional housing authority and the legislative body of each such additional county or counties shall by resolution declare that there is a need for the inclusion of such county or counties in the area of operation of the regional housing authority, only if:
- (1) The legislative body of each such additional county or counties finds that unsanitary or unsafe inhabited dwelling accommodations exist in such county or there is a shortage of safe or sanitary dwelling accommodations in such county available to persons of low income at rentals they can afford; and
- (2) The legislative body of each of the counties then included in the area of operation of the regional housing authority, the commissioners of the regional housing authority and the legislative body of each such additional county or counties find that the regional housing authority would be a more efficient or economical administrative unit if the area of operation of the regional housing authority is increased to include such additional county or counties.
History (4)
- Acts 1935 (Ex. Sess.), ch. 20, § 36, as added by Acts 1943, ch. 22, § 6
- C. Supp. 1950, § 3647.29 (Williams, § 3647.29l)
- impl. am. Acts 1978, ch. 934, §§ 7, 36
- T.C.A. (orig. ed.), § 13-1004.
§ 13-20-505. Decreasing area of operation of regional housing authority. - (a) The area of operation or boundaries of a regional housing authority may be decreased from time to time to exclude one (1) or more counties from such area if the legislative body of each of the counties in such area and the commissioners of the regional housing authority each adopt a resolution declaring that there is a need for excluding such county or counties from such area; provided, that no action may be taken pursuant to this section if the regional housing authority has outstanding any bonds or notes, unless, first, all holders of such bonds and notes consent in writing to such action. If such action decreases the area of operation of the regional housing authority to only one (1) county, such authority shall thereupon constitute and become a housing authority for such county, in the same manner as though such authority were created and constituted a public and corporate body for such county pursuant to other provisions of this chapter, and the commissioners of such authority shall be thereupon appointed as provided for the appointment of commissioners of a housing authority created for a county.
- (b)
- (1) The legislative body of each of the counties in the area of operation of the regional housing authority and the commissioners of the regional housing authority shall adopt a resolution declaring that there is a need for excluding a county or counties from such area if:
- (A) Each such legislative body of the counties to remain in the area of operation of the regional housing authority and the commissioners of the regional housing authority find that, because of facts arising or determined subsequent to the time when such area first included the county or counties to be excluded, the regional housing authority would be a more efficient or economical administrative unit if such county or counties were excluded from such area; and
- (B) The legislative body of each such county or counties to be excluded and the commissioners of the regional housing authority each also find that, because of the aforementioned changed facts, another housing authority for such county or counties would be a more efficient or economical administrative unit to function in such county or counties.
- (2) Nothing contained in this subsection (b) shall be construed as preventing a county or counties excluded from the area of operation of a regional housing authority, as provided above, from thereafter being included within the area of operation of any housing authority in accordance with this chapter.
- (c) Any property held by a regional housing authority within a county or counties excluded from the area of operation of such authority, as herein provided, shall, as soon as practicable after the exclusion of the county or counties respectively, be disposed of by such authority in the public interest.
History (4)
- Acts 1935 (Ex. Sess.), ch. 20, § 37, as added by Acts 1943, ch. 22, § 6
- C. Supp. 1950, § 3647.29A (Williams, § 3647.29m)
- impl. am. Acts 1978, ch. 934, §§ 7, 36
- T.C.A. (orig. ed.), § 13-1005.
§ 13-20-506. Requirements of public hearings — Application to secretary of state for creation of authorities. - (a) The legislative body of a county shall not adopt any resolution authorized by § 13-20-502, § 13-20-504 or § 13-20-505 unless a public hearing has first been held which shall conform, except as otherwise provided in this chapter, to the requirements of § 13-20-402 for hearings to determine the need for a housing authority of a city; provided, that such hearings may be held by the legislative body without a petition therefor. No housing authority shall constitute a body corporate and politic until the commissioners of such authority have filed and recorded an application with the secretary of state, which shall conform, insofar as possible, to §§ 13-20-403 and 13-20-404 for the making, filing and recording of an application to the secretary of state by the commissioners of a housing authority created for a city; provided, that any such application filed and recorded hereunder shall set forth that the public hearing or hearings, as required by this chapter, have been held.
- (b) In connection with the issuance of bonds or the incurring of other obligations, a regional housing authority may covenant as to limitations on its right to adopt resolutions relating to the increase or decrease of its area of operation.
History (4)
- Acts 1935 (Ex. Sess.), ch. 20, § 38, as added by Acts 1943, ch. 22, § 6
- C. Supp. 1950, § 3647.29B (Williams, § 3647.29n)
- impl. am. Acts 1978, ch. 934, §§ 7, 36
- T.C.A. (orig. ed.), § 13-1006.
§ 13-20-507. Commissioners of regional housing authority — Appointment — Term — Vacancies — Powers — Organization. - (a) The legislative body of each county included in a regional housing authority shall appoint one (1) person as a commissioner of such authority, and each such commissioner to be first appointed by the legislative body of a county may be appointed at or after the time of the adoption of the resolution declaring the need for such regional housing authority, or of declaring the need for the inclusion of such county in the area of operation of such regional housing authority. When the area of operation of a regional housing authority is increased to include an additional county or counties as provided above, the legislative body of each such county shall thereupon appoint one (1) additional person as a commissioner of the regional housing authority. The legislative body of each county shall appoint the successor of the commissioner appointed by it. If any county is excluded from the area of operation of a regional housing authority, the office of the commissioner of such regional housing authority appointed by the legislative body of such county shall be thereupon abolished.
- (b) If the area of operation of a regional housing authority consists at any time of an even number of counties, the commissioners of the regional housing authority appointed by the legislative bodies of such counties shall appoint one (1) additional commissioner, as well as such person's successor, whose term of office shall be as herein provided for a commissioner of a regional housing authority, except that such term shall end at any earlier time when the area of operation of the regional housing authority shall be changed to consist of an odd number of counties. A certificate of the appointment of any commissioner of a regional housing authority shall be signed by the appointing officer or officers and filed with the other records of the regional housing authority, and shall be conclusive evidence of the due and proper appointment of such commissioner.
- (c) The commissioners shall be appointed for terms of five (5) years, except that all vacancies shall be filled for the unexpired term. Each commissioner shall hold office until such commissioner's successor has been appointed and has qualified, except as otherwise provided herein. For inefficiency or neglect of duty or misconduct in office, a commissioner may be removed by the officer or officers, or their successors, appointing such commissioner, but such commissioner shall be removed only after such commissioner has been given a copy of the charges at least ten (10) days prior to the hearing thereon and has had an opportunity to be heard in person or by counsel. In the event of the removal of such commissioner, a record of the proceedings, together with the charges and findings thereon, shall be filed with the other records of the regional housing authority.
- (d) The commissioners shall constitute the regional housing authority, and the powers of such authority shall be vested in such commissioners in office from time to time.
- (e) The commissioners shall elect a chair from among the commissioners and shall have power to select or employ such other officers and employees as the regional housing authority may require. A majority of the commissioners shall constitute a quorum of such authority for the purpose of conducting its business and exercising its powers and for all other purposes.
History (4)
- Acts 1935 (Ex. Sess.), ch. 20, § 39, as added by Acts 1943, ch. 22, § 6
- mod. C. Supp. 1950, § 3647.29C (Williams, § 3647.29o)
- impl. am. Acts 1978, ch. 934, §§ 7, 36
- T.C.A. (orig. ed.), § 13-1007.
§ 13-20-508. Powers of regional housing authority. - (a)
- (1) Except as otherwise provided herein, a regional housing authority and the commissioners thereof shall, within the area of operation of such regional housing authority, have the same functions, rights, powers, duties, privileges, immunities and limitations provided for housing authorities created for cities or counties and the commissioners of such housing authorities, and all law applicable to housing authorities created for cities or counties and the commissioners of such authorities shall be applicable to regional housing authorities and the commissioners thereof.
- (2) For such purposes, unless a different meaning clearly appears from the context:
- (A) “City” means county;
- (B) “City clerk” means county clerk; and
- (C) “Mayor” or “council” as used in this chapter, and any amendments thereto, means county legislative body.
- (b) A regional housing authority shall not be subject to the limitations provided in § 13-20-113(a)(4) with respect to housing projects for farmers of low income.
History (4)
- Acts 1935 (Ex. Sess.), ch. 20, § 40, as added by Acts 1943, ch. 22, § 6
- C. Supp. 1950, § 3647.29D (Williams, § 3647.29p)
- impl. am. Acts 1978, ch. 934, §§ 7, 22, 36
- T.C.A. (orig. ed.), § 13-1008.
§ 13-20-509. Rural housing projects. - Housing authorities created for counties and regional housing authorities are specifically empowered and authorized to borrow money, accept grants and exercise their other powers to provide housing for farmers of low income. In connection with such projects, such housing authorities may enter into such leases or purchase agreements, accept such conveyances and rent or sell dwellings forming part of such projects to or for farmers of low income, as such housing authority deems necessary in order to assure the achievement of the objectives of this chapter. Such leases, agreements or conveyances may include such covenants as the housing authority deems appropriate regarding such dwellings and the tracts of land described in any such instrument, which covenants shall be deemed to run with the land where the housing authority deems it necessary and the parties to such instrument so stipulate. Nothing contained in this section shall be construed as limiting any other powers of any housing authority.
History (3)
- Acts 1935 (Ex. Sess.), ch. 20, § 46, as added by Acts 1943, ch. 22, § 6
- C. Supp. 1950, § 3647.29J (Williams, § 3647.29v)
- T.C.A. (orig. ed.), § 13-1009.
§ 13-20-510. Housing applications by farmers. - The owner of any farm operated, or worked upon, by farmers of low income in need of safe and sanitary housing may file an application with a housing authority of a county or regional housing authority requesting that it provide for a safe and sanitary dwelling or dwellings for occupancy of such farmers of low income. Such applications shall be received and examined by housing authorities in connection with the formulation of projects or programs to provide housing for farmers of low income.
History (3)
- Acts 1935 (Ex. Sess.), ch. 20, § 47, as added by Acts 1943, ch. 22, § 6
- C. Supp. 1950, § 3647.29K (Williams, § 3647.29w)
- T.C.A. (orig. ed.), § 13-1010.
§ 13-20-511. Housing in rural areas — Tax exemption. - (a) A regional or county housing authority has the power to sell or rent dwellings outside of cities and to make or accept such conveyances or leases as it deems necessary to carry out the rural housing purposes of this chapter. With respect to such housing, a county and regional housing authority shall not be subject to the tenant selection limitations provided in § 13-20-113(a)(4).
- (b) No dwelling shall be provided on a farm by a county or regional authority unless it has determined that, by reason of the character of the farm with respect to which the dwelling is to be constructed and the manner of its operation, the owner is likely successfully to carry out the undertakings required of such owner under the owner's purchase agreement or lease.
- (c) Until a purchaser makes full payment for a dwelling which is constructed by a county or regional authority on such purchaser's farm, such dwelling shall continue to be the property of such authority regardless of the title to the land on which it is constructed, and such dwelling shall be exempt from taxation in the same manner as other property of such authority. Any document making land available for use by such authority shall be admitted to record, and accordingly constitute notice, in the same manner as a deed or other instrument relating to real estate.
- (d) When a county or regional authority provides a dwelling on a farm hereunder, the owner of the farm living in the dwelling under a lease or purchase agreement shall be entitled to receive the same homestead exemption as if such owner had title to the dwelling.
History (3)
- Acts 1935 (Ex. Sess.), ch. 20, § 48, as added by Acts 1945, ch. 102, § 1
- C. Supp. 1950, § 3647.29L (Williams, § 3647.29x)
- T.C.A. (orig. ed.), § 13-1011.
Part 6 Bonds and Finances of Housing Authorities § 13-20-601. Types of bonds. - (a)
- (1) The housing authority has the power to issue bonds from time to time in its discretion, for any of its corporate purposes. It also has the power to issue refunding bonds for the purpose of paying or retiring bonds previously issued by it. The authority may issue such types of bonds as it may determine, including, without limiting the generality of the foregoing, bonds on which the principal of and interest on are payable from income and revenues of the authority and from grants or contributions from the federal government or other source. Such income and revenues securing the bonds may be:
- (A) Exclusively the income and revenues of the housing project financed in whole or in part with the proceeds of such bonds;
- (B) Exclusively the income and revenues of certain designated housing projects, whether or not they are financed in whole or in part with the proceeds of such bonds; or
- (C) The income and revenues of the authority generally.
- (2) Any such bonds may be additionally secured by a pledge of any income or revenues of the authority or, in certain instances as hereinafter provided, may be additionally secured by a mortgage of any housing project, projects or other property of the authority.
- (b) Neither the commissioners of the authority nor any person executing the bonds shall be liable personally on the bonds by reason of the issuance of such bonds.
- (c) The bonds and other obligations of the authority, and such bonds and obligations shall so state on their face, shall not be a debt of any city or municipality located within its boundaries or of the state, and neither the state nor any such city or municipality shall be liable thereon, nor in any event shall they be payable out of any funds or properties other than those of the authority. The bonds shall not constitute an indebtedness within the meaning of any constitutional, statutory or charter debt limitation or restriction. Bonds may be issued under this chapter, notwithstanding any debt or other limitation prescribed by any statute.
History (4)
- Acts 1935 (Ex. Sess.), ch. 20, § 14
- 1939, ch. 74, § 1
- C. Supp. 1950, § 3647.13 (Williams, § 3647.14)
- T.C.A. (orig. ed.), § 13-1101.
§ 13-20-602. Form and sale of bonds. - (a) The bonds of the authority shall be authorized by its resolution and shall be issued in one (1) or more series and shall bear such date or dates, mature at such time or times, not exceeding sixty (60) years from their respective dates, bear interest at such rate or rates, payable semiannually, be in such denominations, which may be made interchangeable, be in such form, either coupon or registered, carry such registration privileges, be executed in such manner, be payable in such medium of payment, at such place or places, and be subject to such terms or redemption, with or without premium, as such resolution or its trust indenture or mortgage may provide.
- (b) The bonds, in the discretion of the authority, may be sold at public or private sale. If the bonds are sold at public sale, notice shall be published once at least ten (10) days prior to such sale in a newspaper having a general circulation in the city and in a financial newspaper published in the city of New York, New York, or the city of Chicago, Illinois. The bonds may be sold at such price or prices as the authority shall determine.
- (c) Whenever the authority contracts with a financial consultant, fiscal agent, municipal finance consultant or municipal securities underwriter-dealer to assist it in the issuance and marketing of such bonds or to market such bonds, such consultant, agent, or underwriter-dealer shall be licensed and maintain a permanent office or full-time branch office in this state prior to entering such contract.
- (d) Pending the authorization, preparation, execution or delivery of definitive bonds, the authority may issue interim certificates, or other temporary obligations to the purchaser of such bonds. Such interim certificates, or other temporary obligations, shall be in such form, contain such terms, conditions, and provisions, bear such date or dates, and evidence such agreements relating to their discharge or payment or delivery of definitive bonds as the authority may by resolution, trust indenture or mortgage determine.
- (e) In case any of the officers whose signatures appear on any bonds or coupons shall cease to be such officers before the delivery of such bonds, such signatures shall, nevertheless, be valid and sufficient for all purposes, the same as if they had remained in office until such delivery.
- (f) The authority has the power, out of any funds available therefor, to purchase any bonds issued by it at a price of not more than the principal amount thereof and the accrued interest; provided, that bonds payable exclusively from the revenues of a designated project or projects shall be purchased only out of any such revenues available therefor. All bonds so purchased shall be cancelled. This subsection (f) shall not apply to the redemption of bonds.
- (g) Any provisions of any law to the contrary notwithstanding, any bonds, interim certificates, or other obligations issued pursuant to this chapter shall be fully negotiable.
History (6)
- Acts 1935 (Ex. Sess.), ch. 20, § 15
- C. Supp. 1950, § 3647.14 (Williams, § 3647.15)
- Acts 1970, ch. 564, § 1
- 1976, ch. 729, § 2
- T.C.A. (orig. ed.), § 13-1102
- Acts 1980, ch. 601, § 9.
§ 13-20-603. Trust indentures and mortgages — Power of authority to issue or incur obligation. - In connection with the issuance of bonds and/or the incurring of any obligation under a lease and in order to secure the payment of such bonds and/or obligations, the authority has the power to:
- (1) Pledge by resolution, trust indenture, mortgage, subject to the limitation hereinafter imposed, or other contract all or any part of its rents, fees or revenues;
- (2) Covenant against mortgaging all or any part of its property, real or personal, then owned or thereafter acquired, or against permitting or suffering any lien thereon;
- (3) Covenant with respect to limitations on its right to sell, lease or otherwise dispose of any housing project or any part thereof, or with respect to limitations on its right to undertake additional housing projects;
- (4) Covenant against pledging all or any part of its rents, fees and revenues to which its right then exists or the right to which may thereafter come into existence or against permitting or suffering any lien thereon;
- (5) Provide for the release of property, rents, fees and revenues from any pledge or mortgage, and reserve rights and powers in, or the right to dispose of, property which is subject to a pledge or mortgage;
- (6) As to the bonds to be issued pursuant to any resolution, trust indenture, mortgage or other instrument and as to the issuance of such bonds in escrow or otherwise, covenant regarding the use and disposition of the proceeds thereof;
- (7) Covenant as to what other or additional debt may be incurred by it;
- (8) Provide for the terms, form, registration, exchange, execution and authentication of bonds;
- (9) Provide for the replacement of lost, destroyed or mutilated bonds;
- (10) Covenant that the authority warrants the title to the premises;
- (11) Covenant as to the rents and fees to be charged, the amount (calculated as may be determined) to be raised each year or other period of time by rents, fees, and other revenues and as to the use and disposition to be made thereof;
- (12) Covenant as to the use of any or all of its property, real or personal;
- (13) Create or authorize the creation of special funds in which there shall be segregated:
- (A) The proceeds of any loan and/or grant;
- (B) All of the rents, fees and revenues of any housing project or projects or parts thereof;
- (C) Any moneys held for the payment of the costs of operation and maintenance of any such housing projects or as a reserve for the meeting of contingencies in the operation and maintenance thereof;
- (D) Any moneys held for the payment of the principal of and interest on its bonds or the sums due under its leases and/or as a reserve for such payments; and
- (E) Any moneys held for any other reserves or contingencies;
- and to covenant as to the use and disposal of the moneys held in such funds;
- (14) Redeem the bonds, and covenant for their redemption and provide the terms and conditions thereof;
- (15) Covenant against extending the time for the payment of its bonds or interest thereon, directly or indirectly, by any means or in any manner;
- (16) Prescribe the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds the holders of which must consent thereto and the manner in which such consent may be given;
- (17) Covenant as to the maintenance of its property, the replacement thereof, the insurance to be carried thereon and the use and disposition of insurance moneys;
- (18) Vest in an obligee of the authority the right, in the event of the failure of the authority to observe or perform any covenant on its part to be kept or performed, cure any such default and advance any moneys necessary for such purposes, and the moneys so advanced may be made an additional obligation of the authority with such interest, security and priority as may be provided in any trust indenture, mortgage, lease or contract of the authority with reference thereto;
- (19) Covenant and prescribe as to the events of default and terms and conditions upon which any or all of its bonds shall become or may be declared due before maturity and as to the terms and conditions upon which such declaration and its consequences may be waived;
- (20) Covenant as to the rights, liabilities, powers, and duties arising upon the breach by it of any covenant, condition, or obligation;
- (21) Covenant to surrender possession of all or any part of any housing project or projects upon the happening of an event of default, as defined in the contract, and vest in an obligee the right without judicial proceedings to take possession of and use, operate, manage and control such housing projects or any part thereof, and collect and receive all rents, fees and revenues arising therefrom in the same manner as the authority itself might do, and to dispose of the moneys collected in accordance with the agreement of the authority with such obligee;
- (22) Vest in a trustee or trustees the rights to enforce any covenant made to secure, pay, or in relation to the bonds, provide for the powers and duties of such trustee or trustees, limit liabilities thereof and provide the terms and conditions upon which the trustee or trustees or the holders of bonds or any proportion of them may enforce any such covenant;
- (23) Make covenants other than, and in addition to, the covenants herein expressly authorized, of like or different character;
- (24) Execute all instruments necessary or convenient in the exercise of the powers herein granted or in the performance of its covenants or duties, which may contain such covenants and provisions in addition to those above specified as the government or any purchaser of the bonds of the authority may reasonably require; and
- (25) Make all covenants and do any and all acts and things which may be necessary or convenient or desirable in order to secure its bonds, or which tend to make the bonds more marketable, notwithstanding that such covenants, acts or things may not be enumerated herein, it being the intention hereof to give the authority power to do all things in the issuance of bonds, in the provisions for their security that are not inconsistent with the constitution of the state, and no consent or approval of any judge or court shall be required therefor; provided, that the authority shall have no power to mortgage all or any part of its property, real or personal, except as provided in § 13-20-604.
History (3)
- Acts 1935 (Ex. Sess.), ch. 20, § 16
- mod. C. Supp. 1950, § 3647.15 (Williams, § 3647.16)
- T.C.A. (orig. ed.), § 13-1103.
§ 13-20-604. Power to mortgage when project financed with aid of government. - In connection with any project financed in whole or in part or otherwise aided by a government, whether through a donation of money or property, a loan, the insurance or guarantee of a loan, or otherwise, the authority also has the power to mortgage all or any part of its property, real or personal, then owned or thereafter acquired and thereby to:
- (1) Vest in a government the right, upon the happening of an event of default, as defined in such mortgage, foreclose such mortgage through judicial proceedings or through the exercise of a power of sale without judicial proceedings, so long as a government shall be the holder of any of the bonds secured by such mortgage;
- (2) Vest in a trustee or trustees the right, upon the happening of an event of default, as defined in such mortgage, foreclose such mortgage through judicial proceedings or through the exercise of a power of sale without judicial proceedings;
- (3) Vest in other obligees the right to foreclose such mortgage by judicial proceedings; and
- (4) Vest in any obligee, including a government, the right, in foreclosing any mortgage as aforementioned, foreclose such mortgage as to all or such part or parts of the property covered thereby as such obligee, in its absolute discretion, shall elect; the institution, prosecution and conclusion of any such foreclosure proceedings and/or sale of any such parts of the mortgaged property shall not affect in any manner or to any extent the lien of the mortgage on the parts of the mortgaged property not included in such proceedings or not sold as aforementioned.
History (3)
- Acts 1935 (Ex. Sess.), ch. 20, § 17
- C. Supp. 1950, § 3647.16 (Williams, § 3647.17)
- T.C.A. (orig. ed.), § 13-1104.
§ 13-20-605. Remedies of an obligee of authority. - An obligee of the authority has the right, in addition to all other rights which may be conferred on such obligee, subject only to any contractual restrictions binding upon such obligee:
- (1) By mandamus, suit, action or proceeding in law or equity, all of which may be joined in one (1) action, to compel the authority, and the commissioners, officers, agents or employees thereof, to perform each and every term, provision and covenant contained in any contract of the authority, and to require the carrying out of any or all covenants and agreements of the authority and the fulfillment of all duties imposed upon the authority by this chapter;
- (2) By suit, action or proceeding in equity to enjoin any acts or things which may be unlawful, or the violation of any of the rights of such obligee of the authority; and
- (3) By suit, action or proceeding in any court of competent jurisdiction to acquire possession of any housing project or any part thereof to be surrendered to any obligee having the right to such possession pursuant to any contract of the authority.
History (3)
- Acts 1935 (Ex. Sess.), ch. 20, § 18
- C. Supp. 1950, § 3647.17 (Williams, § 3647.18)
- T.C.A. (orig. ed.), § 13-1105.
§ 13-20-606. Remedies conferrable upon authority by mortgage or trust indenture. - An authority has the power by its trust indenture, mortgage, lease or other contract to confer upon any obligee holding or representing a specified amount in bonds, leases or other obligations, the right upon the happening of an “event of default” as defined in such instrument, by suit, action or proceeding in any court of competent jurisdiction, to:
- (1) Obtain the appointment of a receiver of any housing project of the authority or any part or parts thereof. If a receiver is appointed, the receiver may enter and take possession of such housing project or any part or parts thereof and operate and maintain same, and collect and receive all fees, rents, revenues, or other charges thereafter arising therefrom in the same manner as the authority itself might do, and shall keep such moneys in a separate account or accounts and apply the same in accordance with the obligations of the authority as the court shall direct; and
- (2) Require the authority and the commissioners thereof to account as if it and they were the trustees of an express trust.
History (3)
- Acts 1935 (Ex. Sess.), ch. 20, § 19
- C. Supp. 1950, § 3647.18 (Williams, § 3647.19)
- T.C.A. (orig. ed.), § 13-1106.
§ 13-20-607. Remedies and rights cumulative. - All the rights and remedies hereinabove conferred shall be cumulative and in addition to all other rights and remedies that may be conferred upon such obligee of the authority by law or by any contract with the authority.
History (3)
- Acts 1935 (Ex. Sess.), ch. 20, § 20
- C. Supp. 1950, § 3647.19 (Williams, § 3647.20)
- T.C.A. (orig. ed.), § 13-1107.
§ 13-20-608. Limitations on remedies of obligee. - (a) No interest of the authority in any property, real or personal, shall be subject to sale by the foreclosure of a mortgage thereon, either through judicial proceedings or the exercise of a power of sale contained in such mortgage, except in the case of the mortgages provided for in § 13-20-604.
- (b) All property of the authority shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against same.
- (c) No judgment against the authority shall be a charge or lien upon its property, real or personal.
- (d) This section shall not apply to or limit the right of an obligee to foreclose any mortgage of the authority provided for in § 13-20-604, and, in case of a foreclosure sale thereunder, to obtain a judgment or decree for any deficiency due on the indebtedness secured thereby and issued on the credit of the authority. Such deficiency judgment or decree shall be a lien and charge upon the property of the authority which may be levied on and sold by virtue of an execution or other judicial process for the purpose of satisfying such deficiency judgment or decree.
History (3)
- Acts 1935 (Ex. Sess.), ch. 20, § 21
- C. Supp. 1950, § 3647.20 (Williams, § 3647.21)
- T.C.A. (orig. ed.), § 13-1108.
§ 13-20-609. Subordination of mortgage to agreement with government. - The authority may agree in any mortgage made by it that such mortgage shall be subordinate to a contract for the supervision by a government of the operation of improvements thereon; in such event, any purchaser or purchasers at a sale of the property of an authority pursuant to a foreclosure of such mortgage or any other remedy in connection therewith shall obtain title subject to such contract.
History (3)
- Acts 1935 (Ex. Sess.), ch. 20, § 22
- C. Supp. 1950, § 3647.21 (Williams, § 3647.22)
- T.C.A. (orig. ed.), § 13-1109.
§ 13-20-610. Contracts with federal government. - In addition to the powers conferred upon the authority by other provisions of this chapter, the authority is empowered to borrow money or accept grants from the federal government for or in aid of any housing project which such authority is authorized to undertake, to take over any land acquired by the federal government for the construction or operation of a housing project, to take over or lease or manage any housing project constructed or owned by the federal government, and to these ends to enter into such contracts, mortgages, trust indentures, leases or other agreements as the federal government may require, including agreements that the federal government shall have the right to supervise and approve the construction, maintenance and operation of such housing project. It is the purpose and intent of such law to authorize every authority to do any and all things necessary to secure the financial aid and the cooperation of the federal government in the undertaking, construction, maintenance and operation of any housing project which the authority is empowered to undertake.
History (3)
- Acts 1935 (Ex. Sess.), ch. 20, § 23
- C. Supp. 1950, § 3647.22 (Williams, § 3647.23)
- T.C.A. (orig. ed.), § 13-1110.
§ 13-20-611. Agreement to sell as security for obligations to federal government. - In any contract or amendatory or superseding contract for a loan and annual contributions heretofore or hereafter entered into between a housing authority and the federal government with respect to any housing project undertaken by the housing authority, any such housing authority is authorized to make such covenants, including covenants with holders of bonds issued by such authority for purposes of the project involved, and to confer upon the federal government such rights and remedies, as the housing authority deems necessary to assure the fulfillment of the purposes for which the project was undertaken. In any such contract, the housing authority may, notwithstanding any other provision of law, agree to sell and convey the project, including all lands appertaining thereto, to which such contract relates, to the federal government upon the occurrence of such conditions, or upon such defaults on bonds for which any of the annual contributions provided in the contract are pledged, as may be prescribed in such contract, and at a price, which may include the assumption by the federal government of the payment, when due, of the principal of and interest on outstanding bonds of the housing authority issued for purposes of the project involved, determined as prescribed therein and upon such other terms and conditions as are therein provided. Any such other housing authority is authorized to enter into such supplementary contracts, and to execute such conveyances, as may be necessary to carry out the provisions hereof. Notwithstanding any other provisions of law, any contracts or supplementary contracts or conveyances made or executed pursuant to this section shall not be or constitute a mortgage within the meaning or for the purposes of any of the laws of this state.
History (3)
- Acts 1935 (Ex. Sess.), ch. 20, § 45, as added by Acts 1943, ch. 22, § 6
- C. Supp. 1950, § 3647.29I (Williams, § 3647.29u)
- T.C.A. (orig. ed.), § 13-1111.
§ 13-20-612. Housing authority obligations guaranteed by federal government eligible collateral as security for deposit of funds. - Wherever, by statute of this state, collateral is required as security for the deposit of public or other funds, or deposits are required to be made with any public official or department, or an investment of capital or surplus, or a reserve or other fund, is required to be maintained consisting of designated securities, notes and bonds insured by the federal housing administrator and debentures issued by the federal housing administrator and obligations of national mortgage associations shall be eligible for such purposes; provided, that such obligations shall be guaranteed as to payment by the federal government or a branch thereof.
History (3)
- Acts 1937, ch. 83, § 1
- C. Supp. 1950, § 3647.17A (Williams, § 3647.41)
- T.C.A. (orig. ed.), § 13-1112.
§ 13-20-613. Investment by municipality in bonds of authority. - Any municipality may purchase or legally invest in any of the bonds of a housing authority and exercise all of the rights of any holder of such bonds.
History (3)
- Acts 1935 (Ex. Sess.), ch. 45, § 9, as added by Acts 1937, ch. 225, § 1
- C. Supp. 1950, § 3647.29Y (Williams, § 3647.36b)
- T.C.A. (orig. ed.), § 13-1113.
§ 13-20-614. Taxes pledged for repayment of indebtedness for redevelopment projects. - (a) An authority is hereby authorized and empowered to irrevocably pledge to the payment of principal of and interest on any bonds, loans or other indebtedness incurred by the authority to finance or refinance, in whole or in part, the project facilities authorized under subsection (c), that portion of taxes which pursuant to § 13-20-205(a)(2) is to be paid into the special fund of the authority. Such portion of taxes shall be considered “revenues” within the meaning of § 13-20-601.
- (b) The authority shall create a special fund or funds for the sole purpose of paying the principal of and interest on such bonds, loans or other indebtedness and into which taxes allocated to the authority pursuant to § 13-20-205(a)(2) will be, from time to time, deposited. The authority shall be obligated and bound to set aside from such taxes an amount sufficient to pay such indebtedness as the same shall become due, and, as provided in the proceedings authorizing the incurrence of any indebtedness of the authority, to maintain adequate reserves for the payment of such indebtedness.
- (c) The special fund shall be used solely for the payment of principal of and interest, and redemption premiums, on bonds, loans and other indebtedness incurred by the authority in connection with the redevelopment project financed from the proceeds of such bonds, loans or other indebtedness.
- (d) Notwithstanding any other provision of this chapter to the contrary, in order to secure any bonds, notes or other indebtedness incurred by the authority, the authority shall have the power to mortgage all or any part of its property, real or personal, then owned or thereafter acquired, and thereby to vest in a trustee or trustees the right, upon the happening of an event of default, as defined in such mortgage, to foreclose such mortgage through judicial proceedings or through the exercise of a power of sale without judicial proceedings.
History (2)
- Acts 1978, ch. 854, § 4
- T.C.A., § 13-1114.
Part 7 Transit-oriented Redevelopment Plans § 13-20-701. Findings and declarations. - The general assembly finds and declares that:
- (1) There are areas in counties and municipalities of this state that have a transit deficiency where the absence of facilities for high capacity transit options constitutes a serious and growing menace that is injurious to the public health, safety, morals, and welfare of residents;
- (2) The existence of such transit-deficient areas constitutes an economic and social liability imposing onerous burdens that substantially impair or arrest sound growth, aggravate traffic problems, and substantially hamper the elimination of traffic hazards, the implementation of solutions to traffic congestion, and the improvement of traffic facilities;
- (3) The prevention and elimination of such transit-deficient areas is a matter of state policy and state concern in order that the state and its counties and municipalities shall not continue to be endangered by such areas;
- (4) Certain transit-deficient areas, or portions thereof, may require acquisition, clearance, and disposition, subject to use restrictions, as provided in this part, since the prevailing conditions make impracticable the reclamation of the area by conservation or rehabilitation;
- (5) Other areas, or portions thereof, may, through the means provided in this part, be susceptible to conservation or rehabilitation in such a manner that the conditions and evils enumerated may be eliminated, remedied, or prevented;
- (6) Such areas can be conserved and rehabilitated through appropriate public action to decrease vehicular congestion for residents, provide suitable density for development, and prevent sprawl into rural areas of the state, and through the cooperation and voluntary action of the owners and tenants of property in such areas; and
- (7) The powers conferred under this part are for public uses and purposes for which public money may be expended and police power exercised, and the necessity in the public interest is declared as a matter of legislative determination.
§ 13-20-702. Part definitions. - As used in this part, unless the context otherwise requires:
- (1) “High capacity transit”:
- (A) Means a form of mass transit that carries more people or provides more frequent service than a local bus service with the goal of providing faster, more convenient, and more reliable service for a larger number of passengers; and
- (B) Includes subway, monorail, heavy rail, commuter rail, light rail, streetcar, and bus rapid transit;
- (2) “High capacity transit area” means a geographic area located within one thousand three hundred twenty feet (1,320′) of a street:
- (A) Designated in a county's major street plan;
- (B) Proposed to carry high capacity transit as designated on the county's transit plan; and
- (C) Located in an area designated by the community's land use plan for mixed use or high density residential development;
- (3) “High capacity transit facility” means a right of way for high capacity transit, boarding stations, transit centers, rail track, bridges, traffic signalization for high capacity transit, high capacity transit lane markings, park-and-ride lots, and any other improvements necessary for carrying out high capacity transit; and
- (4) “Transit-deficient area”:
- (A) Means a high capacity transit area where facilities for high capacity transit are necessary to promote the elimination of traffic hazards, the implementation of regional solutions to traffic congestion, and the improvement of traffic facilities in order to protect the safety, health, morals, and welfare of the community; and
- (B) Does not include land used predominantly in agriculture, as defined in § 1-3-105.
§ 13-20-703. Transit-oriented redevelopment project. - (a) Any housing authority established under this chapter may carry out any transit-oriented redevelopment project and to that end may:
- (1) Acquire transit-deficient areas;
- (2) Acquire other real property for the purpose of removing, preventing, or reducing:
- (A) Blight resulting from transit deficiency;
- (B) Blighting factors resulting from transit deficiency; or
- (C) The causes of blight resulting from transit deficiency;
- (3) Acquire real property where the condition of the title, the diverse ownership of the aggregate real property to be acquired, the street or lot layouts, or other conditions prevent a proper development of the property, and where the acquisition of the area by the authority is necessary to carry out a transit-oriented redevelopment plan;
- (4) Acting on its own or through third parties engaged to act on the housing authority's behalf:
- (A) Clear any areas acquired, including:
- (i) Relocation of utility facilities;
- (ii) Demolition, in whole or in part, of buildings and improvements located on the acquired property; and
- (iii) Removal or remediation of any environmental contamination;
- (B) Install, construct, or reconstruct streets, utilities, and site improvements essential to the preparation and development of sites for uses in accordance with a transit-oriented redevelopment plan;
- (C) Install, construct, or reconstruct parks, public open spaces, public playgrounds, pedestrian ways, and all parking structures, regardless of use, in accordance with a transit-oriented redevelopment plan;
- (D) Install, construct, or reconstruct privately-owned affordable housing or workforce housing as those terms are defined in § 5-9-113;
- (E) Pay expenses for relocation, administrative costs, planning and engineering costs, energy efficiency costs, and legal expenses associated with exercising the powers granted in this section or with carrying out a transit-oriented redevelopment plan;
- (F) Pay the design costs, commissioning costs and fees, and costs of required documentation associated with meeting the requirements of Leadership in Energy and Environmental Design (LEED), Green Globes, or other similar programs, as well as greening costs and energy modeling costs for certification by such programs of new construction, existing buildings, and other projects;
- (G) Install, construct, add to, improve, or reconstruct public infrastructure, including high capacity transit facilities, water, solid waste, transportation, telecommunication, energy use capture and transmittal, power systems, and alternative power systems or alternate power projects that incorporate principles of urban sustainability, eco-efficiency, and global sustainable development; and
- (H) Take all other necessary actions designed to further the goals and local objectives articulated in the transit-oriented redevelopment plan;
- (5) Sell or lease acquired land for uses in accordance with the transit-oriented redevelopment plan;
- (6) Use any combination of powers specified in this section to carry out a transit-oriented redevelopment plan;
- (7) Have and enjoy all the rights, powers, privileges, and immunities granted to housing authorities under this chapter or any other provisions of law relating to slum clearance and housing projects for persons of low income; and
- (8) Borrow money upon its bonds, notes, or other evidences of indebtedness to finance any action authorized pursuant to this section and to carry out a transit-oriented redevelopment plan and, to the extent permitted by § 9-23-103, secure the same by pledges of its income and revenues generally or its income and revenues from a particular redevelopment project or projects, including moneys received by any authority and placed in a special fund or funds pursuant to tax increment financing provisions contained in a transit-oriented redevelopment plan, or from grants or contributions from any government, or in any other manner.
- (b) Nothing contained in § 13-20-113 or § 13-20-413 shall be construed as limiting the power of an authority, in the event of default by a purchaser or lessee of land in a transit-oriented redevelopment plan, to acquire property and operate it free from restrictions contained in §§ 13-20-113 and 13-20-413 relating to tenant selection or operation without profit.
- (c) Notwithstanding subsection (a), the authority shall not use eminent domain to eliminate transit-deficient areas; provided, that the authority may use eminent domain to acquire land, or interests in land, for public facilities and public infrastructure, including high capacity transit facilities.
§ 13-20-704. Transit-oriented redevelopment plan. - (a)
- (1) An authority shall not initiate any transit-oriented redevelopment project under this part until the governing body, or the agency designated by the governing body or empowered by law so to act, of the municipality in which any of the area to be covered by the transit-oriented redevelopment project is situated, has approved a transit-oriented redevelopment plan, which provides an outline for the development or redevelopment of the area and is sufficiently complete to:
- (A) Indicate its relationship to definite local objectives as to appropriate land uses and improved traffic, public transportation, public utilities, recreational and community facilities, and other public improvements;
- (B) Indicate proposed land uses and building requirements in the area; and
- (C) Indicate the method of the temporary relocation of persons living in such areas, and also the method of providing, unless already available, decent, safe, and sanitary dwellings substantially equal in number to the number of substandard dwellings to be cleared from the area, at rents within the financial reach of the income groups displaced from such substandard dwellings. Such municipalities are authorized to approve redevelopment plans through their governing body or the agency designated by the governing body for that purpose. Any state public body referred to in § 13-20-110 may cooperate with and assist housing authorities with respect to transit-oriented redevelopment projects in the same manner as though the section were applicable to transit-oriented redevelopment projects.
- (2) Any disapproval of any transit-oriented redevelopment project by the governing body of a county as authorized by this section shall, however, be automatically dissolved wherever written agreement duly approved by the governing body of the municipality involved is furnished to the county governing body; provided, that the agreement shall exempt the county property tax levy and all proceeds from it generated within the transit-oriented redevelopment project from the tax increment financing provisions specified in § 13-20-706(a).
- (3) A governing body shall not approve a plan until after a public hearing has been held by the governing body, or agency designated by it or empowered by law so to act, to determine the necessity for the adoption of the plan, including the matters set forth in subdivision (a)(1). Notice of such public hearing shall be given in the following manner:
- (A) By publishing once a week for three (3) consecutive weeks immediately preceding the public hearing in each newspaper of general circulation published in the municipality notice of the time, place, and purpose of the public hearing. The notice must include a facsimile of a map of the area to be included in the plan, with the streets or other lines marking the boundaries of the area clearly indicated, and which map shall be not less than four (4) columns in width; and
- (B) By written notice to at least one (1) of the owners or at least one (1) of the occupants of each parcel of property within the area to be included within the plan of the time, place, and purpose of the public hearing. The notice must be sent not more than thirty (30) days and not less than ten (10) days before the hearing by mail, postage prepaid, or delivered, to such owners or occupants.
- (4) The failure to give notice required in subdivision (a)(3) may be raised as a defense on the trial of the issue of the right of the housing authority to acquire the property by eminent domain under § 13-20-703(c); provided, that the defense may be raised only by an owner or occupant having an interest in the property. Such failure to provide notice shall constitute a defense unless in the judgment of the court there has been compliance with subdivision (a)(3)(A) and substantial compliance with subdivision (a)(3)(B) by mailing or delivering the notice to at least one (1) owner or one (1) occupant of two-thirds (⅔) of the lots or parcels of property within the affected area.
- (b)
- (1) An authority shall vote to approve or disapprove an amendment to a transit-oriented redevelopment plan initiated by the governing body of the municipality within sixty (60) days of the amendment being submitted by the governing body.
- (2) A governing body of a municipality shall vote to approve or disapprove an amendment to a transit-oriented redevelopment plan initiated by an authority within sixty (60) days of the amendment being submitted by the authority.
History (2)
- Acts 2017, ch. 254, § 1
- 2019, ch. 317, § 2.
§ 13-20-705. Land available for use. - (a) The authority may make land in a transit-oriented redevelopment project available for use by private enterprise or public agencies in accordance with the transit-oriented redevelopment plan. The land may be made available at its use value, which represents the value, whether expressed in terms of rental or capital price, at which the authority determines the land should be made available in order that it may be developed or redeveloped for the purposes specified in the plan.
- (b)
- (1) To assure that land acquired in a transit-oriented redevelopment project is used in accordance with the redevelopment plan, an authority, upon the sale or lease of the land, shall obligate purchasers or lessees to:
- (A) Use the land for the purpose designated in the transit-oriented redevelopment plan;
- (B) Begin the building of their improvements within a period of time which the authority fixes as reasonable; or
- (C) Comply with any other conditions as are necessary to carry out the purposes of this part.
- (2) Any such obligations by the purchaser shall be covenants and conditions running with the land where the authority so stipulates.
§ 13-20-706. Tax increment financing provision. - (a) An authority is authorized to adopt a transit-oriented redevelopment plan that contains a tax increment financing provision stipulating that any taxes levied upon property within the boundaries of the transit-oriented redevelopment plan each year by a taxing agency after the effective date of the resolution of the governing body approving the transit-oriented redevelopment plan or amendment, shall be divided as provided in § 9-23-103.
- (b)
- (1) If an authority adopts a transit-oriented redevelopment plan or an amendment to an existing plan that includes tax increment financing provisions, the new plan or the existing plan, as amended, must describe, in addition to the matters required by § 13-20-704(a)(1), the following:
- (A) An estimate of the cost of the transit-oriented redevelopment project;
- (B) The sources of revenue to finance the costs of the project, including the estimated tax increment;
- (C) An estimate of the amount and the final maturity of bonded or other indebtedness to be incurred; and
- (D) An estimate of the impact of the tax increment financing provision upon all taxing agencies in which the transit-oriented redevelopment project is to be located.
- (2) The information set forth in subdivision (b)(1) shall be made available to the public not less than five (5) days prior to the date set for the public hearing required by § 13-20-704(a)(3).
- (c)
- (1) After the approval by the governing body of a transit-oriented redevelopment plan containing a tax increment financing provision or an amendment to an existing plan adding a tax increment financing provision, the authority shall transmit to the appropriate assessors of property and to each taxing agency to be affected:
- (A) A copy of the description of all land within the transit-oriented redevelopment area;
- (B) The date or dates of the approval of the transit-oriented redevelopment plan or amendment to the plan;
- (C) A copy of the resolution approving the redevelopment plan or approving an amendment to the plan; and
- (D) A map or plat indicating the boundaries of the property.
- (2) Taxes shall, when collected, be allocated and paid in the manner provided in the transit-oriented redevelopment plan or amendment to the plan.
- (d) The following types of property shall have the same tax status as if such leased property were owned by private individuals or corporations:
- (1) Any property which the authority financed with tax increments, and leases to private individuals or corporations for development under a transit-oriented redevelopment plan; and
- (2) Any property which the authority has financed with tax increments, and has developed under a transit-oriented redevelopment plan and leases to private individuals or corporations.
- (e) In the event of any conflict between this section or this part and the Uniformity in Tax Increment Financing Act of 2012, the Uniformity in Tax Increment Financing Act of 2012 shall control.
§ 13-20-707. Financial aid. - An authority may borrow money or accept contributions from the federal government to assist in its undertaking transit-oriented redevelopment projects. An authority may do anything necessary or desirable to secure such financial aid, including obligating itself in any contract with the federal government for annual contributions to convey to the federal government the project to which the contract relates upon the occurrence of a substantial default under the contract, in the same manner as the authority may do to secure such aid in connection with slum clearance and housing projects under this chapter.
§ 13-20-708. Bonds or other obligations issued by housing authority. - Bonds or other obligations issued by a housing authority in connection with a transit-oriented redevelopment project pursuant to this part shall be security for public deposits and legal investments to the same extent and for the same persons, institutions, associations, corporations, and other bodies and officers as bonds or other obligations issued pursuant to this chapter, in connection with the development of slum clearance or housing projects.
§ 13-20-709. Appeal of decision regarding transit-oriented redevelopment project to legislative appeal board. -
- (a) A property owner within the area covered by a transit-oriented redevelopment plan may appeal a decision of an authority, or any committee of an authority, regarding a transit-oriented redevelopment project to a legislative appeal board, created under subsection (b).
- (b)
- (1) In any area that is covered by a transit-oriented redevelopment plan, there is created a legislative appeal board that is composed of:
- (A) The members of the general assembly, as nonvoting, ex officio members, who represent the districts, in whole or in part, within the area where the transit-oriented redevelopment project is located;
- (B) The members of the local legislative bodies, as voting, ex officio members, who represent the districts, in whole or in part, within the area where the transit-oriented redevelopment project is located; and
- (C) Two (2) members appointed by the members of the general assembly who are ex officio members of the board.
- (2) The terms of the appointed members are coterminous with the terms of the appointing authority's term. The appointed members serve at the pleasure of the appointing authority.
- (3) The members of the legislative appeal board do not receive compensation for their service on the board.
- (4) A majority of the members serving on the board constitutes a quorum.
- (c) To initiate an appeal under subsection (a), a property owner shall notify the authority and each member of the legislative appeal board of the property owner's intent to appeal by certified mail, return receipt requested. The notification must contain information identifying the transit-oriented redevelopment project and the specific decision of the authority or committee the property owner is appealing.
- (d) Upon notification under subsection (c), the authority shall send copies of any documentation regarding the transit-oriented redevelopment project that is germane to the appeal, including a statement of the reasoning behind the decision under appeal, to each member of the legislative appeal board.
- (e) The legislative appeal board shall meet at least once each quarter at a location that is convenient to the members, unless there are no appeals filed in that quarter, in which case the legislative appeal board does not have to meet.
- (f) Upon convening under subsection (e), the legislative appeal board may overrule any decision of an authority or committee that is the subject of the appeal, and such decision is binding on the authority or committee.
Chapter 21 Slum Clearance and Redevelopment Part 1 Structures Unfit for Occupation or Use § 13-21-101. Part definitions. - As used in this part, unless the context otherwise requires:
- (1) “Dwelling” means any building or structure, or part thereof, used and occupied for human occupation or use or intended to be so used, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith;
- (2) “Governing body” means the council, commission, or board, or other legislative body, charged with governing a municipality;
- (3) “Municipality” means any city or town;
- (4) “Owner” means the holder of the title in fee simple and every mortgagee of record;
- (5) “Parties in interest” means all individuals, associations, corporations and others who have interests of record in a structure and any who are in possession thereof;
- (6) “Place of public accommodation” means any building or structure in which goods are supplied or services performed, or in which the trade of the general public is solicited;
- (7) “Public authority” means any housing authority or any officer who is in charge of any department or branch of the government of the municipality or state relating to health, fire, building regulations, or other activities concerning structures in the municipality;
- (8) “Public officer” means any officer or officers of a municipality or the executive director or other chief executive officer of any commission or authority established by such municipality or jointly with any other municipality who is authorized by ordinance adopted hereunder to exercise the power prescribed by such ordinances and by this part; and
- (9) “Structure” means any dwelling or place of public accommodation or vacant building or structure suitable as a dwelling or place of public accommodation.
History (6)
- Acts 1939, ch. 152, § 2
- C. Supp. 1950, § 3647.30 (Williams, § 3647.43)
- T.C.A. (orig. ed.), § 13-1201
- Acts 1985, ch. 286, §§ 1, 5
- 1986, ch. 706, § 1
- 1995, ch. 391, § 1.
§ 13-21-102. Structures unfit for human occupation or use — Power of municipalities to demolish — Program to remedy the unsafe conditions caused by the unfinished structure and the suspended construction. - (a) Whenever any municipality of this state finds that there exists in such municipality structures which are unfit for human occupation or use due to dilapidation, defects increasing the hazards of fire, accident or other calamities, lack of ventilation, light or sanitary facilities, or due to other conditions rendering such structures unsafe or unsanitary, or dangerous or detrimental to the health, safety or morals, or otherwise inimical to the welfare of the residents of such municipality, power is hereby conferred upon such municipality to exercise its police powers to repair, close or demolish the aforementioned structure in the manner herein provided.
- (b)
- (1) As used in this subsection (b):
- (A) “Abandoned construction” means that construction of an unfinished structure has ceased and that no good faith effort has been made to complete the construction for a period of one hundred eighty (180) days; and
- (B) “Suspended construction” means that construction of an unfinished structure has ceased and that no good faith effort has been made to complete the construction for a period of sixty (60) days.
- (2) This subsection (b) applies to any municipality located in any county having a population of not less than one hundred twenty-six thousand six hundred (126,600) nor more than one hundred twenty-six thousand seven hundred (126,700) or located in any county having a population of not less than one hundred thirty thousand four hundred (130,400) nor more than one hundred thirty thousand five hundred (130,500), according to the 2000 federal census or any subsequent federal census:
- (A) When any municipality to which this subsection (b) applies finds that there are structures in the municipality unfit for human occupation or use because of suspended construction, the municipality may use the procedures in this part to remedy the unsafe conditions caused by the unfinished structure and the suspended construction. All the applicable procedures set out in § 13-21-103 apply, but upon the public officer's finding that construction has been suspended and that the unfinished structure and the suspended construction create conditions that are dangerous or injurious to the health or safety of neighboring residents or the general public or the safety of neighboring structures, the public officer is limited to ordering that construction resume or that the owner make the unfinished structure safe by boarding up the structure, removing construction debris and other safety hazards from the construction area, and otherwise removing or neutralizing health or safety hazards. If the owner fails to take the actions within ten (10) days after being ordered to do so, the municipality may cause the unfinished structure to be boarded up and the debris and other health and safety hazards removed or neutralized. The costs of doing so shall be assessed against the owner and may be collected as provided in § 13-21-103(6).
- (B) When the municipality finds that there are structures in the municipality unfit for human occupation or use because of abandoned construction, the municipality may use all the procedures, remedies and rights in this part to deal with the unfinished structure and the abandoned construction. When an unfinished structure meets both the definition of suspended construction and abandoned construction, it may be dealt with as abandoned construction.
- (C) An ordinance adopted by a municipality pursuant to this subsection (b) shall provide that the public officer may determine that a structure is unfit for human occupation or use if the public officer finds that conditions exist in the structure that are dangerous or injurious to the health, safety or morals of the occupants of the structure, the occupants of neighboring structures or other residents of the municipality or to the safety of neighboring structures. These conditions may include, but are not limited to:
- (i) Defects increasing the hazards of fire, accident or other calamities;
- (ii) Lack of ventilation, light or sanitary facilities;
- (iii) Dilapidation;
- (iv) Disrepair;
- (v) Structural defects;
- (vi) Uncleanliness; or
- (vii) Suspended construction or abandoned construction.
History (6)
- Acts 1939, ch. 152, § 1
- C. Supp. 1950, § 3647.31 (Williams, § 3647.42)
- T.C.A. (orig. ed.), § 13-1202
- Acts 1985, ch. 286, § 5
- 2009, ch. 114, § 1
- 2012, ch. 663, § 1.
§ 13-21-103. Adoption of ordinances — Required provisions. - Upon the adoption of an ordinance finding that conditions of the character described in § 13-21-102 exist within a municipality, the governing body of the municipality is hereby authorized to adopt ordinances relating to the structures within the municipality which are unfit for human occupation or use. Such ordinances shall include the following provisions, that:
- (1) A public officer be designated or appointed to exercise the powers prescribed by the ordinances;
- (2) Whenever a petition is filed with the public officer by a public authority or by at least five (5) residents of the municipality charging that any structure is unfit for human occupation or use, or whenever it appears to the public officer, on the public officer's own motion, that any structure is unfit for occupation or use, the public officer shall, if the public officer's preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and parties in interest of such structure, a complaint stating the charges in that respect and containing a notice that a hearing will be held before the public officer, or the public officer's designated agent, at a place therein fixed, not less than ten (10) days nor more than thirty (30) days after the serving of the complaint, that:
- (A) The owner and parties in interest shall be given the right to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint; and
- (B) The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the public officer;
- (3) If, after such notice and hearing, the public officer determines that the structure under consideration is unfit for human occupation or use, the public officer shall state in writing the public officer's findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof an order:
- (A) If the repair, alteration or improvement of the structure can be made at a reasonable cost in relation to the value of the structure (the ordinance of the municipality may fix a certain percentage of such cost as being reasonable for such purpose), requiring the owner, within the time specified in the order, to repair, alter or improve such structure to render it fit for human occupation or use or to vacate and close the structure as a place of human occupation or use; or
- (B) If the repair, alteration or improvement of the structure cannot be made at a reasonable cost in relation to the value of the structure (the ordinance of the municipality may fix a certain percentage of such cost as being reasonable for such purpose), requiring the owner, within the time specified in the order, to remove or demolish such structure;
- (4) If the owner fails to comply with an order to repair, alter or improve or to vacate and close the structure, the public officer may cause such structure to be repaired, altered or improved, or to be vacated and closed; that the public officer may cause to be posted on the main entrance of any structure so closed, a placard with the following words: “This building is unfit for human occupation or use. The use or occupation of this building for human occupation or use is prohibited and unlawful”;
- (5) If the owner fails to comply with an order to remove or demolish the structure, the public officer may cause such structure to be removed or demolished; and
- (6) The amount of the cost of such repairs, alterations or improvements, or vacating and closing, or removal or demolition by the public officer, as well as reasonable fees for registration, inspections and professional evaluations of the property, shall be assessed against the owner of the property, and shall, upon the certification of the sum owed being presented to the municipal tax collector, be a lien on the property in favor of the municipality, second only to liens of the state, county and municipality for taxes, any lien of the municipality for special assessments, and any valid lien, right or interest in such property duly recorded or duly perfected by filing, prior to the filing of such notice. These costs shall be collected by the municipal tax collector or county trustee at the same time and in the same manner as property taxes are collected. If the owner fails to pay the costs, they may be collected at the same time and in the same manner as delinquent property taxes are collected and shall be subject to the same penalty and interest as delinquent property taxes as set forth in §§ 67-5-2010 and 67-5-2410. In addition, the municipality may collect the costs assessed against the owner through an action for debt filed in any court of competent jurisdiction. The municipality may bring one (1) action for debt against more than one (1) or all of the owners of properties against whom the costs have been assessed, and the fact that multiple owners have been joined in one (1) action shall not be considered by the court as a misjoinder of parties. If the structure is removed or demolished by the public officer, the public officer shall sell the materials of such structure and shall credit the proceeds of such sale against the cost of the removal or demolition, and any balance remaining shall be deposited in the chancery court by the public officer, shall be secured in such manner as may be directed by such court, and shall be disbursed by such court to the person found to be entitled thereto by final order or decree of such court. Nothing in this section shall be construed to impair or limit in any way the power of the municipality to define and declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise.
History (8)
- Acts 1939, ch. 152, § 3
- C. Supp. 1950, § 3647.32 (Williams, § 3647.44)
- T.C.A. (orig. ed.), § 13-1203
- Acts 1985, ch. 286, §§ 2, 3, 5
- 1989, ch. 298, § 1
- 1991, ch. 515, § 2
- 1993, ch. 210, § 2
- 2005, ch. 3, § 1.
§ 13-21-104. Conditions rendering structure unfit for human occupation or use. - An ordinance adopted by a municipality under this part shall provide that the public officer may determine that a structure is unfit for human occupation or use if the public officer finds that conditions exist in such structure which are dangerous or injurious to the health, safety or morals of the occupants of such structure, the occupants of neighboring structures or other residents of such municipality. Such conditions may include the following, without limiting the generality of the foregoing: defects therein increasing the hazards of fire, accident, or other calamities; lack of adequate ventilation, light, or sanitary facilities; dilapidation; disrepair; structural defects; or uncleanliness. Such ordinance may provide additional standards to guide the public officer, or the public officer's agents, in determining the fitness of a dwelling for human occupation or use.
History (4)
- Acts 1939, ch. 152, § 4
- C. Supp. 1950, § 3647.33 (Williams, § 3647.45)
- T.C.A. (orig. ed.), § 13-1204
- Acts 1985, ch. 286, § 5.
§ 13-21-105. Service of complaints or orders. - Complaints or orders issued by a public officer pursuant to an ordinance adopted under this part shall be served upon persons either personally or by registered mail, but if the whereabouts of such persons are unknown and the same cannot be ascertained by the public officer in the exercise of reasonable diligence, and the public officer shall make an affidavit to that effect, then the serving of such complaint or order upon such persons may be made by publishing the same once each week for two (2) consecutive weeks in a newspaper printed and published in the municipality, or in the absence of such newspaper, in one printed and published in the county and circulating in the municipality in which the structures are located. A copy of such complaint or order shall be posted in a conspicuous place on premises affected by the complaint or order. A copy of such complaint or order shall also be filed for record in the register's office of the county in which the structure is located, and such filing of the complaint or order shall have the same force and effect as other lis pendens notices provided by law.
History (4)
- Acts 1939, ch. 152, § 5
- C. Supp. 1950, § 3647.34 (Williams, § 3647.46)
- T.C.A. (orig. ed.), § 13-1205
- Acts 1985, ch. 286, § 5.
§ 13-21-106. Enjoining enforcement of order. - (a) Any person affected by an order issued by the public officer may file a bill in the chancery court for an injunction restraining the public officer from carrying out the order, and the court may, upon the filing of such bill, issue a temporary injunction restraining the public officer pending the final disposition of the cause; provided, that within sixty (60) days after the posting and service of the order of the public officer, such person shall file such bill in the court. Hearings shall be had by the court on such bills within twenty (20) days, or as soon thereafter as possible, and shall be given preference over other matters on the court's calendar.
- (b) The court shall hear and determine the issues raised and shall enter such final order or decree as law and justice may require. In all such proceedings, the findings of the public officer as to facts, if supported by evidence, shall be conclusive. Costs shall be in the discretion of the court. The remedies herein provided shall be exclusive remedies, and no person affected by an order of the public officer shall be entitled to recover any damages for action taken pursuant to any order of the public officer, or because of noncompliance by such person with any order of the public officer.
History (3)
- Acts 1939, ch. 152, § 6
- C. Supp. 1950, § 3647.35 (Williams, § 3647.47)
- T.C.A. (orig. ed.), § 13-1206.
§ 13-21-107. Powers given public officer by ordinance. - An ordinance adopted by the governing body of the municipality may authorize the public officer to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this part, including the following powers in addition to others herein granted, to:
- (1) Investigate conditions in the municipality in order to determine which structures therein are unfit for human occupation or use;
- (2) Administer oaths, affirmations, examine witnesses and receive evidence;
- (3) Enter upon premises for the purpose of making examinations; provided, that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession;
- (4) Appoint and fix the duties of such officers, agents and employees as the public officer deems necessary to carry out the purposes of the ordinances; and
- (5) Delegate any of such public officer's functions and powers under the ordinance to such officers and agents as the public officer may designate.
History (4)
- Acts 1939, ch. 152, § 7
- C. Supp. 1950, § 3647.36 (Williams, § 3647.48)
- T.C.A. (orig. ed.), § 13-1207
- Acts 1985, ch. 286, §§ 4, 5.
§ 13-21-108. Estimate of annual expenses and costs. - The governing body of any municipality adopting an ordinance under this part shall, as soon as possible thereafter, prepare an estimate of the annual expenses or costs to provide the equipment, personnel and supplies necessary for periodic examinations and investigations of the structures in such municipality, for the purpose of determining the fitness of such structures for human occupation or use, and for the enforcement and administration of its ordinances adopted under this part, and any such municipality is authorized to make such appropriation from its revenues as it may deem necessary for this purpose, and may accept and apply grants or donations to assist it in carrying out such ordinances.
History (4)
- Acts 1939, ch. 152, § 8
- C. Supp. 1950, § 3647.37 (Williams, § 3647.49)
- T.C.A. (orig. ed.), § 13-1208
- Acts 1985, ch. 286, § 5.
§ 13-21-109. Part confers supplementary powers. - Nothing in this part shall be construed to abrogate or impair the powers of the courts or of any department of any municipality to enforce any provisions of its charter or its ordinances or regulations, nor to prevent or punish violations thereof, and the powers conferred by this part shall be in addition and supplemental to the powers conferred by any other law.
History (3)
- Acts 1939, ch. 152, § 9
- C. Supp. 1950, § 3647.38 (Williams, § 3647.50)
- T.C.A. (orig. ed.), § 13-1209.
Part 2 Acquisition of Vacant Properties § 13-21-201. Findings, purpose and policy. - (a) It is hereby found that:
- (1) There exist in many municipalities and counties blighted and deteriorated properties in neighborhoods which cause the deterioration of those and contiguous neighborhoods and constitute a serious and growing menace which is injurious to the public health, safety, morals and general welfare of the residents of Tennessee, and are beyond remedy and control solely by regulatory process in the exercise of the police power;
- (2) The existence of blighted and deteriorated properties, both residential and commercial, within neighborhoods, and the growth and spread of blight and deterioration or the threatened deterioration of other neighborhoods and properties:
- (A) Contribute substantially and increasingly to the spread of disease and crime, and to losses by fire and accident;
- (B) Necessitate expensive and disproportionate expenditures of public funds for the preservation of the public health and safety, for crime prevention, correction, prosecution, and punishment, for the treatment of juvenile delinquency, for the maintenance of adequate police, fire and accident protection, and for other public services and facilities;
- (C) Constitute an economic and social liability;
- (D) Substantially impair or arrest the sound growth of the community;
- (E) Retard the provision of decent, safe and sanitary housing and public accommodations;
- (F) Depreciate assessable values;
- (G) Cause an abnormal exodus of families and businesses from these neighborhoods; and
- (H) Are detrimental to the health, the well-being and the dignity of many residents of these neighborhoods;
- (3) This menace cannot be effectively dealt with by private enterprise without the aids provided herein; and
- (4) The benefits which would result from eliminating the blighted properties that cause the blight and deterioration of neighborhoods will accrue to the inhabitants of the neighborhoods in which these conditions exist and to the inhabitants of this state generally.
- (b) It is hereby declared that:
- (1) It is the policy of this state to protect and promote the health, safety, and welfare of the people of the state by eliminating the blight and deterioration of neighborhoods through the elimination of blighted and deteriorated properties within these neighborhoods;
- (2) The elimination of such blight and deterioration and the preparation of the properties for sale or lease, for development or redevelopment, constitute a public use and purpose for which public money may be expended and private property acquired, and are governmental functions in the interest of the health, safety, and welfare of the people of Tennessee; and
- (3) The necessity in the public interest for the provisions enacted herein is hereby declared to be a legislative determination.
History (2)
- Acts 1990, ch. 1034, § 1
- 1995, ch. 391, § 2.
§ 13-21-202. Part definitions. - As used in this part, unless the context otherwise requires:
- (1)
- (A) “Blighted” or “deteriorated” property means any vacant structure or vacant or unimproved lot or parcel, whether residential, commercial or industrial, in a predominantly built-up neighborhood:
- (i) Which because of physical condition or use is regarded as a public nuisance at common law or has been declared a public nuisance in accordance with local housing, building, plumbing, fire or related codes;
- (ii) Which because of physical condition, use or occupancy is considered an attractive nuisance to children, including, but not limited to, abandoned wells, shafts, basements, excavations, and unsafe fences or structures;
- (iii) Which, because it is dilapidated, unsanitary, unsafe, vermin-infested or lacking in the facilities and equipment required by the housing code of the municipality, has been designated by the appropriate agency or department responsible for enforcement of the code as unfit for human habitation;
- (iv) Which is a fire hazard, or is otherwise dangerous to the safety of persons or property;
- (v) From which the utilities, plumbing, heating, sewerage or other facilities have been disconnected, destroyed, removed, or rendered ineffective so that the property is unfit for its intended use;
- (vi) Which by reason of neglect or lack of maintenance has become a place for accumulation of trash and debris, or a haven for rodents or other vermin;
- (vii) Which has been tax delinquent for a period of at least three (3) years; or
- (viii) Which has not been rehabilitated within the time constraints placed upon the owner by the appropriate code enforcement agency;
- (B) “Blighted” or “deteriorated” does not apply to any property used for agricultural purposes;
- (2) “Municipality” means any county, including any county having a metropolitan form of government, or incorporated city or town in this state;
- (3) “Redevelopment” means the planning or replanning, design or redesign, acquisition, clearance, development and disposal, or any combination of these, of a property in the preparation of such property for residential, commercial, industrial, and related uses, as may be appropriate or necessary;
- (4) “Residential, commercial, industrial, and related use” means residential or commercial or industrial property for sale, lease or rental and related uses; such related uses include, but are not limited to, park and recreation areas, neighborhood community service, parking lots or structures, and any use which is consistent with and/or complementary to the existing properties in the area; and
- (5) “Vacant property review commission” means a commission established by ordinance to review vacant properties to make a written determination of blight and deterioration.
History (3)
- Acts 1990, ch. 1034, § 2
- 1995, ch. 391, § 3
- 1998, ch. 948, §§ 1-3.
§ 13-21-203. Adoption of provisions by ordinance — Vacant property review commission. - (a) If the legislative body of a municipality finds and declares that there exists in the municipality blighted or deteriorated properties and that there is need in the municipality for the exercise of powers, functions and duties conferred by this part, the legislative body may adopt this part by ordinance.
- (b)
- (1) The ordinance adopting this part shall also establish a vacant property review commission which shall certify properties as blighted or deteriorated to the legislative body.
- (2) The ordinance shall specify the duties of, the number of members that will serve on, the requirements of membership, and the makeup of, the commission.
- (3) Members shall be appointed by the chief executive officer and approved by the legislative body.
- (4) No officer or employee of the municipality whose duties include enforcement of local housing, building, plumbing, fire or related codes shall be appointed to the commission.
- (5) One (1) or more municipalities may act jointly in establishing a vacant property review commission and in such case, members of such commission shall be appointed jointly by the municipalities or in part by one (1) municipality and in part by the other. The ordinances creating such joint vacant property review commission may provide that the power of eminent domain may be exercised upon certification by the commission to one (1) or more of such municipalities acting singularly or jointly.
History (2)
- Acts 1990, ch. 1034, § 3
- 1995, ch. 391, § 4.
§ 13-21-204. Acquisition by eminent domain authorized — Litter removal. - (a) For purposes of this section:
- (1) “Community organization” means a community-oriented organization or group including, but not limited to, a school group, church youth group, neighborhood preservation nonprofit corporation, or community support group;
- (2) “Litter” means overgrown plant life including, but not limited to, trees, vines, grasses, and underbrush or the accumulation of debris, trash, garbage, or any combination of the preceding elements; and
- (3) “Vacant property” means property on which no building exists or on which a building exists but any such building is no longer utilized for any business, commercial or residential purposes.
- (b) A municipality may acquire by eminent domain pursuant to title 29, chapters 16 and 17, any property determined to be blighted or deteriorated pursuant to this part, and shall have the power to hold, clear, manage or dispose of property so acquired for residential, commercial, industrial and related use, pursuant to this part.
- (c)
- (1) Upon the adoption of a resolution by a two-thirds (⅔) vote of the municipal legislative body of any municipality located in any county having a population in excess of eight hundred thousand (800,000), according to the 2000 federal census or any subsequent federal census, to implement this subsection (c), within any such municipality, a community organization shall be entitled to petition a municipality acquiring vacant property pursuant to subsection (b) in order to enter upon such vacant property to remove litter from such property.
- (2)
- (A) Upon the filing of such a petition, the municipality is authorized to contract with such community organization for such purposes. The contract shall provide for the manner in which the community organization shall be compensated for remedying the conditions pursuant to such contract.
- (B) Any municipality that contracts with a community organization for such purposes shall be absolutely immune from any liability to any and all persons and for damage to the vacant property for conditions remedied by the community organization. No monetary liability and no cause of action of any nature shall arise against the municipality for acts of omission or commission of such community organization for conditions remedied pursuant to such contract.
- (C) The community organization may coordinate with the department of correction to utilize inmates for removing litter from vacant property as part of a volunteer inmate work program as described in § 4-6-201 or a similar department of correction program. If the community organization utilizes inmates pursuant to this subdivision (c)(2)(C), then the community organization shall not be held liable for any damage to the vacant property or for any injury incurred by inmates arising from the removal of litter.
History (5)
- Acts 1990, ch. 1034, § 4
- 1995, ch. 391, § 5
- 1998, ch. 948, § 4
- 2010, ch. 923, § 4
- 2014, ch. 963, § 4.
§ 13-21-205. Certification of property as blighted or deteriorated — Notification of owner. - (a) The legislative body shall not institute eminent domain proceedings pursuant to this part unless the commission has certified that the property is blighted or deteriorated. A property which has been referred to the commission by an agency of the municipality as blighted or deteriorated may only be certified to the legislative body as blighted or deteriorated after the commission has determined that:
- (1) The owner of the property or designated agent has been sent an order by the appropriate agency of the municipality to eliminate the conditions which are in violation of local codes or law;
- (2) The property is vacant;
- (3) The property is blighted and deteriorated;
- (4) The commission has notified the property owner or designated agent that the property has been determined to be blighted or deteriorated and the time period for correction of such condition has expired and the property owner or agent has failed to comply with the notice; and
- (5) The planning commission of the municipality has determined that the reuse of the property for residential, commercial, industrial and related use is in keeping with the comprehensive plan.
- (b) The findings required by subsection (a) shall be in writing and included in the report to the legislative body.
- (c) The commission shall notify the owner of the property or a designated agent that a determination of blight or deterioration has been made and that failure to eliminate the conditions causing the blight shall render the property subject to condemnation by the municipality under this part. Notice shall be mailed to the owner or designated agent by certified mail, return receipt requested. However, if the address of the owner or designated agent is unknown and cannot be ascertained by the commission in the exercise of reasonable diligence, copies of the notice shall be posted in a conspicuous place on the property affected. The written notice sent to the owner or the owner's agent shall describe the conditions that render the property blighted and deteriorated, and shall demand abatement of the conditions within ninety (90) days of the receipt of such notice.
- (d) An extension of the ninety-day time period may be granted by the commission if the owner or designated agent demonstrates that such period is insufficient to correct the conditions cited in the notice.
History (3)
- Acts 1990, ch. 1034, § 5
- 1995, ch. 391, § 6
- 1998, ch. 948, § 5.
§ 13-21-206. Eminent domain proceedings — Findings required. - The legislative body of the municipality may institute eminent domain proceedings pursuant to title 29, chapters 16 and 17, against any property which has been certified as blighted or deteriorated by the commission if it finds that:
- (1) Such property has deteriorated to such an extent as to constitute a serious and growing menace to the public health, safety and welfare;
- (2) Such property is likely to continue to deteriorate unless corrected;
- (3) The continued deterioration of such property may contribute to the blighting or deterioration of the area immediately surrounding the property; and
- (4) The owner of such property has failed to correct the deterioration of the property.
History (1)
- Acts 1990, ch. 1034, § 6.
§ 13-21-207. Conflicts of interest. - (a) No officer or employee of the municipality, or of the vacant property review commission, who in the course of such officer's or employee's duties is required to participate in the determination of property blight or deterioration or the issuance of notices on code violations which may lead to a determination of blight or deterioration, shall acquire any interest in any property declared to be blighted or deteriorated.
- (b) If any such officer or employee owns or has a financial interest, direct or indirect, in any property certified to be blighted or deteriorated, the officer or employee shall immediately disclose, in writing, such interest to the commission and to the legislative body, and such disclosure shall be entered in the minutes of the commission and of the legislative body.
- (c) Failure to so disclose such interest shall constitute misconduct in office.
- (d) No payment shall be made to any officer or employee for any property or interest therein acquired by the municipality from such officer or employee unless the amount of such payment is fixed by court order in eminent domain proceedings, or unless payment is unanimously approved by the legislative body.
History (1)
- Acts 1990, ch. 1034, § 7.
§ 13-21-208. Applicability. - (a) This part shall only apply in counties having a population, according to the 1980 federal census or any subsequent federal census, of:
-
- 28,500 28,560
- 28,600 28,660
- 48,400 48,500
- 58,07558,125
- 67,500 67,600
- 74,500 74,600
- 287,700287,800
- 319,625319,725
- 777,113777,500
- (b) This part shall also apply in any county having a metropolitan government having a population of more than one hundred thousand (100,000), according to the 1990 federal census or any subsequent federal census.
History (6)
- Acts 1990, ch. 1034, § 10
- 1992, ch. 709, § 1
- 1993, ch. 48, § 1
- 1995, ch. 391, §§ 7, 8
- 1997, ch. 247, § 1
- 2004, ch. 820, § 1.
Part 3 Residential Rental Inspections § 13-21-301. Part definitions. - For the purposes of this part, unless the context otherwise requires:
- (1) “Deteriorated” means any structure or vacant or unimproved lot or parcel in a predominantly built-up neighborhood:
- (A) That, because of physical condition or use, is regarded as a public nuisance at common law or has been declared a public nuisance in accordance with local housing, building, plumbing, electrical, fire, health or related codes;
- (B) That, because of physical condition, use or occupancy is considered an attractive nuisance;
- (C) That, because it is dilapidated, unsanitary, unsafe, vermin-infested or other condition, has been designated by the appropriate agency or department of the municipality as unfit for human habitation or use;
- (D) That is a fire hazard, or is otherwise dangerous to the safety of persons or property;
- (E) From which the utilities, plumbing, heating, sewerage or other facilities have been disconnected, destroyed, removed, or rendered ineffective so that the property is unfit for human habitation or use;
- (F) That, by reason of neglect or lack of maintenance, has become a place for accumulation of trash and debris, or a haven for rodents or other vermin;
- (G) That has been tax delinquent for a period of at least three (3) years; or
- (H) That has not been rehabilitated within the time constraints placed upon the owner or party in interest by the municipality;
- (2) “Dwelling” means any building or structure, or part thereof, used and occupied for human occupation or use or intended to be so used, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith;
- (3) “Dwelling unit” means a building or structure or part thereof that is used for a home or residence by one (1) or more persons who maintain a household;
- (4) “Governing body” means the council, commission, or board, or other legislative body, charged with governing a municipality;
- (5) “Municipality” means any county, including any county having a metropolitan form of government, or incorporated city or town in this state;
- (6) “Owner” means the holder of the title to real property and every mortgagee of record;
- (7) “Parties in interest” means all individuals, associations, corporations and others who have interests of record in a structure and any who are in possession thereof;
- (8) “Public authority” means any department, agency or branch of the government of the municipality or state relating to health, fire, building regulations, or other activities concerning structures in the municipality;
- (9) “Public officer” means any officer or officers of a municipality or the executive director or other chief executive officer of any commission or authority established by the municipality or jointly with any other municipality who are authorized by ordinance adopted hereunder to exercise the power prescribed by the ordinances and by this part;
- (10) “Residential rental dwelling unit” means a dwelling unit that is leased or rented to one (1) or more tenants. However, a dwelling unit occupied in part by the owner thereof shall not be construed to be a residential rental dwelling unit, unless otherwise provided by the zoning ordinance of the municipality; and
- (11) “Structure” means any dwelling or place of public accommodation or vacant building or structure suitable as a dwelling or place of public accommodation.
§ 13-21-302. Authority to adopt ordinance to inspect deteriorating residential rental dwelling units. - (a) The governing body of a municipality may adopt an ordinance to inspect residential rental dwelling units that are either deteriorated or in the process of deteriorating for compliance with applicable local housing, building, plumbing, electrical, fire, health or related codes and to promote the health, safety and welfare of its citizens in accordance with the following:
- (1) The dwelling units shall be located in a residential rental inspection district established by the local governing body in accordance with this section; and
- (2) The residential rental inspection district shall be based upon a finding by the local governing body that:
- (A) There is a need to protect the public health, safety and welfare of the occupants of dwelling units inside the designated residential rental inspection district;
- (B) The residential rental dwelling units within the designated residential rental inspection district are either deteriorated or in the process of deteriorating; or the residential rental dwelling units are in the need of inspection by the municipality to prevent deterioration, taking into account the number, age and condition of residential dwelling rental units inside the proposed residential rental inspection district; and
- (C) The inspection of residential rental dwelling units inside the proposed residential rental inspection district is necessary to maintain the health, safety and welfare of tenants and other residents living in the proposed residential rental inspection district. Nothing in this section shall be construed to authorize a municipality-wide residential rental inspection district and a local governing body shall limit the boundaries of the proposed residential rental inspection district to the areas of the municipality that meet the criteria set forth in this section.
- (b) For purposes of this part, the local governing body of the municipality may designate any local government department or agency to serve as the public authority to perform all or part of the duties authorized by this part.
§ 13-21-303. Notification of owners and parties in interest of adoption of the residential rental inspection ordinance. - Upon adoption by the municipality of a residential rental inspection ordinance relating to residential rental dwelling units that are either deteriorated or in the process of deteriorating, the public authority shall make reasonable efforts to notify owners and parties in interest of residential rental dwelling units in the designated residential rental inspection district regarding the adoption of the residential rental inspection ordinance. The public authority shall provide a summary of the residential rental inspection ordinance to owners and parties in interest of residential rental dwelling units in the designated residential rental inspection district.
§ 13-21-304. Notification by owners and parties in interest that dwelling is used for residential rental purposes — Form — Fees. - The residential rental inspection ordinance may include a provision that requires the owners and parties in interest of dwelling units in a residential rental inspection district to notify the public authority in writing if the dwelling unit is used for residential rental purposes. The public authority may develop a form for such purposes. The residential rental inspection ordinance shall not include a registration fee or a fee of any kind associated with the written notification pursuant to this section. A residential rental inspection ordinance shall not require that the written notification from the owner or party in interest of a dwelling unit subject to the residential rental inspection ordinance be provided to the public authority in less than sixty (60) days after the adoption of a residential rental inspection ordinance. However, there shall be no penalty for the failure of an owner or party in interest of a residential rental dwelling unit to comply with this section, unless and until the public authority provides actual or written notice to the property owner or party in interest, as provided in this part. For purposes of this part, notice sent by regular first class mail to the last known address of the owner or party in interest shall be deemed in compliance with this section.
§ 13-21-305. Initial inspections. - Upon establishment of a residential rental inspection district in accordance with this part, the public authority may, in conjunction with the written notifications as provided for in this part, proceed to inspect dwelling units that are either deteriorated or in the process of deteriorating located in the designated residential rental inspection district, to determine if the dwelling units are being used as a residential rental property and to determine if the dwelling units are in compliance with applicable housing, building, plumbing, electrical, fire, health or related codes.
§ 13-21-306. Periodic inspections. - Except as provided in § 13-21-307, following the initial inspection of a residential rental dwelling unit found to be deteriorated or in the process of deteriorating, the public authority may inspect periodically any residential rental dwelling unit that is deteriorated or in the process of deteriorating that is not otherwise exempted by this part.
§ 13-21-307. Follow-up inspections for compliance with applicable codes. - Following the initial or periodic inspection of a residential rental dwelling unit found to be deteriorated or in the process of deteriorating and that is subject to a residential rental inspection ordinance, the public authority has the authority to require the owner or party in interest of the dwelling unit to submit to such follow-up inspections of the dwelling unit as the public authority deems necessary, until such time as the dwelling unit is brought into compliance with all applicable housing, building, plumbing, electrical, fire, health or related codes.
§ 13-21-308. Exemption for compliance — Revocation of exemption. - Following the initial or periodic inspection of a residential rental dwelling unit found to be deteriorated or in the process of deteriorating and that is subject to a residential rental inspection ordinance, and provided that there are no violations of applicable codes and ordinances, or violations are remedied in a timely manner, the public authority shall provide to the owner or party in interest of the residential rental dwelling unit an exemption from the residential rental inspection ordinance for a minimum of four (4) years. For the purposes of this section, timely manner shall be construed to mean less than ninety (90) days after the owner has been given notice of violation. If a residential rental dwelling unit has been issued a certificate of occupancy within the last four (4) years, an exemption shall be granted for a minimum period of four (4) years from the date of the issuance of the certificate of occupancy by the public authority. If the residential rental dwelling unit becomes in violation of local housing, building, plumbing, electrical, fire, health or related codes during the exemption period, the public authority may revoke the exemption granted by this section.
§ 13-21-309. Powers of public officer. - The residential rental inspection ordinance adopted by the governing body of the municipality may authorize the public officer to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this part, including the power to:
- (1) Investigate conditions in the municipality, in order to determine which residential rental dwelling units in the municipality are deteriorated or in the process of deteriorating;
- (2) Administer oaths, affirmations, examine witnesses, issue subpoenas and receive evidence;
- (3) Enter upon the premises for the purpose of making examinations and inspections; provided, that the public officer may enter inside the dwelling unit only with the consent of a person in possession, with a validly issued search warrant, or in the event of an emergency presenting an immediate threat to the health, safety, and welfare of a person in possession. Entry shall comply in all respects with the fourth amendment to the Constitution of the United States as well as article I, § 7, of the Constitution of Tennessee. Entry shall be made in such manner as to cause the least possible inconvenience to a person in possession;
- (4) Appoint and fix the duties of any officers, agents and employees that the public officer deems necessary to carry out the purposes of the residential rental inspection ordinance; and
- (5) Delegate any of the public officer's functions and powers under the residential rental inspection ordinance to any officers and agents as the public officer may designate.
§ 13-21-310. Fee schedule for administration of inspection ordinance — Exemptions. - A local governing body may not establish a fee schedule to administer the residential rental inspection ordinance, which includes a per dwelling unit fee for the initial inspections, follow-up inspections, and periodic inspections of dwelling units that are deteriorated or in the process of deteriorating as authorized by this part. In addition, no fee shall be charged to an owner or party in interest for an inspection of a dwelling unit subject to the residential rental inspection ordinance who has submitted a written notification to the public authority as to the identity of such unit owner or party in interest as provided in § 13-21-304, nor shall a fee be charged for a subsequent inspection of a residential dwelling unit that has received an exemption from the residential inspection ordinance for a minimum of four (4) years pursuant to § 13-21-308.
§ 13-21-312. Construction of part. - Nothing in this part shall be construed to abrogate or impair the powers of the courts or of any department of any municipality to enforce any provisions of its charter or its ordinances or regulations, nor to prevent or punish violations thereof, and the powers conferred by this part shall be in addition and supplemental to the powers conferred by any other law.
§ 13-21-314. Application of part. - This part shall apply to any county having a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 2000 federal census or any subsequent federal census. In addition, this part shall apply in any city having a population of not less than twenty seven thousand three hundred eighty (27,380) nor more than twenty seven thousand three hundred ninety (27,390), according to the 2000 federal census or any subsequent federal census. This part shall also apply in any city having a population of not less than twenty thousand nine hundred seventy (20,970) nor more than twenty thousand nine hundred eighty (20,980), according to the 2010 federal census or any subsequent federal census. In addition, this part applies in any city having a population of not less than fifteen thousand nine hundred (15,900) nor more than sixteen thousand (16,000), according to the 2010 federal census or any subsequent federal census, lying partly within a county with a metropolitan form of government and partly within an adjacent county.
History (3)
- Acts 2006, ch. 949, § 1
- 2017, ch. 168, § 1
- 2018, ch. 627, § 1.
Chapter 22 Housing Rehabilitation § 13-22-101. Chapter definitions. - As used in this chapter, unless the context otherwise requires:
- (1) “Agency” means the housing development agency, created pursuant to § 13-23-104;
- (2) “Cost of rehabilitation” means the sum total of the costs incurred by an owner and approved by the agency as reasonable and necessary for carrying out the rehabilitation of housing accommodation or accommodations. These costs may include property acquisition, interim financing, refinancing, plans and specifications, architectural, legal and engineering services, labor, materials, supplies and all other services;
- (3) “Financial institution” or “mortgage lender” means any commercial bank, trust company, national banking association, savings and loan association, federal savings and loan association, credit union, federal credit union, insurance company, pension fund or retirement system, or any other individual, partnership, trust association or agency which is authorized to transact business in this state and which is approved by the agency as eligible for insurance hereunder; “financial institution” or “mortgage lender” includes the housing development agency;
- (4) “Housing accommodation” means any building or structure, or portion thereof, and facilities incidental thereto, which is occupied or used, or is intended to be occupied or used, as the residence or home of one (1) or more persons or families;
- (5) “Mortgage” or “insurable mortgage” means a mortgage loan and deed of trust, or other instrument, which constitutes a first lien on improvements and real property in this state held in fee simple or on a leasehold under a lease having a remaining term, at the time a mortgage is insured under this chapter, of at least twenty percent (20%) greater duration than the remaining term of the loan obligation secured by such mortgage deed of trust;
- (6) “Mortgage insurance fund” means the mortgage insurance fund established pursuant to § 13-22-105;
- (7) “Mortgage insurance fund requirement” means as of any particular date of computation, an amount of money equal to the aggregate of:
- (A) The insured amounts of mortgages in default as determined by the agency pursuant to its contracts to insure the mortgages;
- (B) An amount equal to five percent (5%) of the sum of the insured amounts under the agency's remaining insurance contracts in force; and
- (C) An amount equal to five percent (5%) of the sum of amounts to be insured under the agency's commitments to insure;
- (8) “Mortgagee” means the original mortgage lender under an insurable mortgage, and its successors and assigns, as approved by the agency;
- (9) “Mortgagor” means the original borrower under an insurable mortgage, and such original borrower's successors and assigns, as approved by the agency;
- (10) “Owner” means any person, firm, partnership or agency, either public or private, having the legal or beneficial ownership of a housing accommodation or of a building, structure, or property containing one (1) or more housing accommodations;
- (11) “Rehabilitation” means the alteration, improvement or repair of one (1) or more housing accommodations and facilities incidental thereto, intended to raise the housing accommodations to the design and condition required for use;
- (12) “Rehabilitation loan” means a loan made by a financial institution for the purpose of undertaking rehabilitation of a housing accommodation and which otherwise complies with the conditions established pursuant to this chapter; and
- (13) “State” means the state of Tennessee.
History (6)
- Acts 1973, ch. 313, § 1
- 1974, ch. 579, § 1
- 1975, ch. 339, § 1
- 1977, ch. 360, § 1
- T.C.A., § 13-2201
- Acts 1988, ch. 901, §§ 3, 4.
§ 13-22-102. Qualification of housing for mortgage insurance. - (a) The agency may approve a housing accommodation for mortgage insurance, with such terms and conditions as the agency may prescribe; provided, that, as of the date of issuance of the insurance, the housing accommodation securing the mortgage:
- (1) Is occupied or used, or is intended to be occupied or used, by the mortgagor as the mortgagor's residence;
- (2) Contains, or upon completion of any rehabilitation will contain, no substantial violation of any applicable building or housing code, fire ordinance, or health regulation, and is not, or will not be, considered substandard or in a deteriorating or dilapidated condition; and
- (3) Has a remaining useful life, or will have upon completion of any rehabilitation, of no less than one hundred twenty percent (120%) of the terms of the mortgage loan.
- (b) The agency may approve any housing accommodation for a commitment for mortgage insurance, upon such terms and conditions as the agency may prescribe; provided, that, prior to the issuance of the commitment, there has been submitted to the agency a plan, satisfactory to the agency, to render the housing accommodation in conformance with the requirements of subsection (a). A commitment to insure a mortgage loan for a housing accommodation may include provisions, as established by the agency in accordance with its rules and regulations, for the insuring of work progress payments or draws, paid out for the cost of rehabilitation as the work progresses, protecting the interests of the mortgagor and mortgagee.
- (c) The agency may approve a housing accommodation for mortgage insurance which does not presently require improvement, repair, or rehabilitation; provided, that it is located in a code enforcement area, older urban neighborhood, an area of historic or community importance, a rural community, or an area specifically designated by the agency as a reinvestment area.
History (5)
- Acts 1973, ch. 313, § 2
- 1975, ch. 339, § 2
- 1977, ch. 360, § 2
- T.C.A., § 13-2202
- Acts 1988, ch. 901, § 4.
§ 13-22-103. Continuation of agency — Termination — Payment of claims. - (a) The agency shall continue until terminated by law; provided, that no such law shall take effect so long as the agency has commitments to insure mortgages, contracts of mortgage insurance, or other obligations outstanding, unless adequate provision has been made for the administration thereof, including the payment of claims.
- (b) Should the agency be unable to pay, for a period of one hundred twenty (120) days, a claim arising under a contract of mortgage insurance, the state shall make adequate provision for the payment of such claims.
- (c) Upon termination of the existence of the agency, all rights and properties shall pass to and be vested in the state.
History (10)
- Acts 1973, ch. 313, §§ 3-5
- modified
- 1974, ch. 579, § 2
- 1975, ch. 339, § 3
- 1976, ch. 797, § 2
- 1976, ch. 806, § 1(56)
- 1977, ch. 360, § 3
- T.C.A., §§ 13-2203, 13-2204, 13-2205
- Acts 1988, ch. 901, §§ 4, 5
- 1988, ch. 1013, § 10.
§ 13-22-104. Powers. - In addition to specific powers provided elsewhere by law, the agency may:
- (1) Sue and be sued;
- (2) Have a seal and alter it at will;
- (3) Make contracts and other instruments;
- (4) Make bylaws, rules and regulations governing its operations and the use of its property and facilities;
- (5) Acquire, hold, mortgage, pledge and dispose of real or personal property;
- (6) Appoint officers, agents and employees, prescribe their powers and duties and fix their compensation;
- (7) Promote and encourage the investment in, and rehabilitation of, housing accommodations, primarily for persons of low and moderate income, and encourage and assist private sponsors and governmental agencies in such activities;
- (8) Enter into commitments to insure mortgages and contracts of mortgage insurance and fulfill its obligations and enforce its rights under any insurance so furnished, including termination of such contracts or commitments as provided herein and as provided by rules and regulations adopted by the agency;
- (9) Enter into agreements to pay annual sums in lieu of taxes to any political subdivision of the state with respect to any real property owned by the agency;
- (10) Accept any gifts, grants or loans of funds or property or financial or other aid of any form from the state or federal government or any agency thereof or from any other sources and to comply with the terms and conditions thereof, not inconsistent with this chapter; provided, that any of the gifts, grants or loans of funds or property or financial or other aid of any form received pursuant to this chapter for subsequent use at the local level may be permitted by the agency to be administered by local housing authorities that have in existence or that create rehabilitation divisions, and the agency may, if it deems appropriate, contract with the local housing authorities to administer such programs that are financed as stated herein;
- (11) Engage the services of any state department on a contract basis for rendering staff or professional assistance, and engage the services of any private person, firm or agency on a contract basis for rendering staff or professional assistance. Section 4-4-109 shall govern the transfer of costs associated with such interdepartmental services;
- (12) Conduct its affairs, manage its business, and do any and all things necessary in aid of its purposes, powers and duties as defined by law;
- (13) Subject to § 13-22-105, fix premium charges, and application and commitment fees, for the insurance of mortgages and commitments to insure mortgages and levy such fees and charges as the agency may determine, the payment of which shall be a condition to the issuance of the insurance or commitment to insure;
- (14) Pay, pursue to final collection, compromise, waive or release any right, title, claim, lien or demand, however acquired, including any equity or right of redemption;
- (15) Foreclose or require the foreclosure of any mortgage in default or commence any action to protect or enforce any right conferred upon it by any law, mortgage, contract or other agreement, and bid for and purchase such property at any foreclosure or at any other sale, or otherwise acquire or take possession of any such property;
- (16) Deal with, including hold, administer, manage, rent, repair, insure, or sell, lease or otherwise dispose of any property, at public or private sale, conveyed to or acquired by the agency and enter into agreements with the state, or with any person, firm, partnership or agency, either public or private, for the purpose of causing any such property to be dealt with in such manner;
- (17) Procure insurance against any loss in connection with its property and other assets and procure reinsurance in connection with its obligations, all in such amounts and from such insurers as it deems desirable;
- (18) Consent to the modification, with respect to rate of interest, time of payment of any installment of principal or interest, security, or any other term, of any mortgage, mortgage loan, mortgage loan commitment, contract or agreement of any kind which the agency has insured or to which the agency is a party;
- (19) Sell, at public or private sale, any mortgage, mortgage participation or other obligation held by the agency;
- (20) Invest any funds held in reserve, or any funds not required for immediate use or disbursement, at the discretion of the agency, in obligations of the state or federal government, obligations, the principal and interest of which are guaranteed by the state or federal government, or obligations of agencies of the federal government which may from time to time be legally purchased by the state treasurer as investments of funds belonging to the state, or in insured accounts as provided in § 13-22-108(d);
- (21) Engage the services of consultants on a contract basis for rendering professional and technical assistance and advice; but no consultant costs shall be passed on to the borrower as a direct loan cost or charge; and
- (22) Provide technical or professional assistance to further the purpose of the agency.
History (5)
- Acts 1973, ch. 313, § 6
- 1974, ch. 579, § 3
- 1975, ch. 339, § 4
- T.C.A., §§ 13-2204, 13-2206
- Acts 1988, ch. 901, § 4.
§ 13-22-105. Mortgage insurance fund — Premium reserve fund — Home repair loan insurance account. - (a)
- (1) The agency shall create and establish a mortgage insurance fund which shall be used as a revolving fund for carrying out this chapter with respect to mortgages insured hereunder and shall pay into such fund:
- (A) Any moneys appropriated, paid or otherwise, made available by the state for the purpose of such fund; and
- (B) Any other moneys which may be made available to the agency for the purpose of such fund from any other source.
- (2) All moneys held in the mortgage insurance fund, except as hereinafter provided, shall be used, as required, solely for the payment of the agency's liabilities arising from mortgages insured pursuant to this chapter; provided, that moneys in such fund shall not be withdrawn therefrom at any time in such amount as would reduce the amount of such fund to less than the mortgage insurance fund requirement, except for the purpose of paying such liabilities, as the same become due and for the payment of which other moneys of the agency are not available. Any income or interest earned by, or increment to, the mortgage insurance fund due to the investment thereof, or any amount in excess of the mortgage insurance fund requirement, may be transferred by the agency to other funds or accounts of the agency to the extent that it does not reduce the amount of the mortgage insurance fund below the mortgage insurance fund requirement.
- (3) At the close of each fiscal year and as a part of its annual report, the agency shall include a certified statement as to the condition of the mortgage insurance fund. If, as of the last day of the fiscal year, the mortgage insurance fund does not meet the mortgage insurance fund requirement as defined in § 13-22-101, the commissioner of finance and administration shall cause to be deposited in the mortgage insurance fund, from funds available to the agency, an amount of moneys sufficient to restore the fund to a level equal to the mortgage insurance fund requirement. A deficiency in the mortgage insurance fund as computed in accordance with § 13-22-101(7) during any fiscal year shall not invalidate any contracts for mortgage insurance or commitments to provide mortgage insurance outstanding at the time such deficiency occurs.
- (b)
- (1) The agency shall establish and keep a fund to be known as the “premium reserve fund” for the purpose of providing revenues to the agency for payment of all administrative and other costs arising from its operations, including liabilities arising from contracts of mortgage insurance entered into by the agency.
- (2) The agency shall pay into this fund:
- (A) All moneys appropriated or otherwise made available by the state for the purpose of the fund;
- (B) All moneys received by the agency as a result of its operations, including, but not limited to, income from fees, premiums and other charges; income resulting from the investment of these and other funds; and income from the lease, rental or other disposition of real property and other assets; and
- (C) Other moneys which may be made available to the agency for the purpose of such fund from any other source.
- (3) The agency shall regulate all fees and charges which are to be paid by or charged to the mortgagor.
- (4) The agency may, from time to time, transfer for deposit in the mortgage insurance fund as established by subsection (a), moneys received by the agency and held in the premium reserve fund which are in excess of the amounts required to pay the agency's operating and administrative expenses, including liabilities arising from contracts of mortgage insurance entered into by the agency.
- (5) The agency may invest moneys held in the fund created by this section in investments and accounts in accordance with this chapter; provided, that such investments shall be payable within such times as the funds may be needed to meet liabilities incurred by the agency. The agency may establish separate accounts under the premium reserve fund for such purposes as the agency may deem proper.
- (c)
- (1) The agency shall establish a special account, to be known as the home repair loan insurance account, and may pay into this account moneys appropriated and made available by the state, and other moneys which may be available from any other source. All moneys held in the home repair loan insurance account shall be used by the agency to meet its liabilities on contracts made by it pursuant to this section and upon such terms and conditions as established by the agency.
- (2) The agency is authorized to enter into contracts of home repair loan insurance with approved financial institutions on home repair loans, provided:
- (A) The term of the loan does not exceed ten (10) years and the principal will be fully amortized over the term of the loan in substantially equal monthly payments;
- (B) The principal amount of the loan does not exceed ten thousand dollars ($10,000) per dwelling unit;
- (C) The loan bears interest, exclusive of premium charges permitted by the agency, at a rate not in excess of the legal rate for such loans in this state;
- (D) The proceeds of the loan have been or will be used solely in connection with the alteration, improvement, or repair of the housing accommodation which is the subject of the loan and, upon completion of the alteration, improvement, or repair work, the owner shall certify that the loan proceeds have been used for such work;
- (E) All alteration, improvement, or repair work has been or will be completed in substantial compliance with all applicable building or housing codes, fire ordinances, or health regulations;
- (F) The housing accommodation which is the subject of an insured home repair loan is located in a code enforcement area, older urban neighborhood, an area of historic or community importance, a rural community, or an area specifically designated by the agency as a reinvestment area; and
- (G) The agency shall not at any time insure or cause the state to be obligated upon unsecured promissory notes or third mortgage loans.
- (3) The agency may enter into contracts of home repair loan insurance; provided, that the home repair loan insurance account contains an amount of money equal to five percent (5%) of the sum of accounts insured under this section. Moneys in this account may not be withdrawn at any time in such amount as would reduce the account to less than the amount required, except for the purpose of paying claims arising under contracts of home repair loan insurance as the same become due and for the payment of which other moneys of the agency are not available. Any income or interest earned by the account due to the investment thereof, or any amount in excess of the amount required by this section, may be transferred by the agency to other funds or accounts of the agency.
History (5)
- Acts 1974, ch. 579, § 4
- 1975, ch. 339, § 5
- 1977, ch. 360, § 4
- T.C.A., § 13-2205
- Acts 1988, ch. 901, § 4.
§ 13-22-106. Assistance by state. - (a) The state is authorized to make or contract to make payments or loans of money to the agency for the purpose of enabling it to carry out its corporate purposes, and for the exercise of its powers. Any such payment or loan, upon receipt by the agency, shall constitute revenue of the agency, and, in the case of moneys transferred for deposit in the agency's mortgage insurance fund, shall be so deposited forthwith.
- (b) The state is authorized to make or contract to make capital or periodic subsidies to the agency. Any contract for periodic subsidies may provide for payments to be made thereunder to the date of the latest final maturity of any mortgage to be insured by the agency during a stated period, which may not exceed fifty (50) years from the date of the contract. Any such contract shall contain such other terms and conditions as the state, acting by the commissioner of finance and administration, and the agency may agree upon in furtherance of the public purposes set forth in this chapter. Any such capital or periodic subsidies shall, upon receipt by the agency, constitute revenue of the agency, and in the case of moneys transferred for deposit in the agency's mortgage insurance fund, shall be so deposited forthwith.
History (3)
- Acts 1974, ch. 579, § 4
- T.C.A., § 13-2206
- Acts 1988, ch. 901, § 4.
§ 13-22-107. Tax exemption. - The property of the agency and its income and operations shall be exempt from taxation.
History (3)
- Acts 1973, ch. 313, § 7
- T.C.A., § 13-2207
- Acts 1988, ch. 901, § 4.
§ 13-22-108. Reports — Examinations. - (a) Each state officer and department shall render assistance and services as may be requested by the agency in aid of its functions.
- (b) The agency shall file with the commissioner of finance and administration, the governor, and the general assembly within one hundred twenty (120) days after the end of its fiscal year, a report of its operations, receipts and expenditures during the year, its assets and liabilities, including a schedule of outstanding insurance, as of the end of such year, and such additional information as the commissioner shall request. This report shall be open to public inspection.
- (c) The comptroller of the treasury may from time to time, and shall at least once every two (2) years, examine the books and accounts of the agency. Subject to agreements with policyholders or mortgage holders, such funds as are available to the agency for the payment of administrative expenses shall be deposited in the state treasury to ensure that the administrative operation of the agency is conducted in a manner consistent with state agencies. Nothing in this chapter shall be construed as requiring the agency to act contrary to requirements for mortgage insurers established by the Federal National Mortgage Association or by the Federal Home Loan Mortgage Corporation, or as affecting the reserve funds of the agency.
- (d) All moneys of the agency, except as otherwise authorized or provided in this chapter, shall be deposited as soon as practicable in a separate account or accounts in banks, trust companies or savings and loan associations organized under the laws of the state or the United States and doing business in the state. The moneys in such accounts shall be paid out on checks signed by such officer or employee of the agency as the agency shall authorize. All accounts shall be insured by an agency of the United States government and moneys of the agency shall be deposited in such accounts only to the extent of deposit insurance for public funds.
- (e) The state treasurer, who shall serve as treasurer of the agency, shall invest any funds not required for immediate use or disbursement, including any funds held in reserve, according to the procedures and requirements set forth in law.
- (f) Subject to agreements with policyholders or mortgage holders, the annual budget of the agency shall be prepared in accordance with title 9, chapter 4.
History (6)
- Acts 1973, ch. 313, § 8
- 1974, ch. 579, § 5
- 1975, ch. 339, § 6
- 1976, ch. 797, § 1
- T.C.A., § 13-2208
- Acts 1988, ch. 901, § 4.
§ 13-22-109. Requirements for commitment — Amount — Liability of personnel. - (a) The agency is authorized, subject to this chapter, to make commitments to insure mortgage loans and to contract to insure mortgage loans eligible for insurance hereunder, upon such terms and conditions as the agency may prescribe, provided:
- (1) Application for mortgage insurance or for a commitment for mortgage insurance has been submitted to the agency by an approved mortgagee holding or proposing to hold, an insurable mortgage on the housing accommodation;
- (2) The mortgage will have a remaining term of not more than forty (40) years from the date of the issuance of the insurance;
- (3) The mortgage bears interest, exclusive of premium charges fixed by the agency, at a rate not in excess of the legal rate for such mortgages in this state and agreed upon by the mortgagor, the mortgagee, and the agency;
- (4) The mortgage contains amortization provisions satisfactory to the agency, requiring periodic payments by the mortgagor not in excess of the mortgagor's reasonable ability to pay as determined by the agency;
- (5) The mortgage is in such form and contains such terms and provisions with respect to maturity, hazard and title insurance, repairs, alterations, maintenance, payment of taxes and assessments, default remedies, anticipation of maturity, additional and secondary liens, waiver of equitable and legal redemption rights and other matters as the agency may prescribe; and
- (6) That such mortgage insurance is necessary to enable the mortgagor to obtain the mortgage loan upon reasonable and affordable terms and conditions.
- (b) Mortgage loans insured under this chapter may be for any amount up to and including one hundred percent (100%) of the cost of rehabilitation of the housing accommodation, subject to such rules and regulations as the agency may establish. If the agency, pursuant to the terms of a contract of mortgage insurance, makes any payment upon a defaulted mortgage loan to the mortgagee thereof, the agency shall be subrogated to the rights of the mortgagee.
- (c) The directors, officers and employees of the agency shall not be subject to any personal liabilities due to any obligation or debt created or incurred by the agency.
- (d) This section shall not apply to graduated payment mortgage loans insured pursuant to § 13-22-115.
History (5)
- Acts 1973, ch. 313, § 9
- 1975, ch. 339, § 7
- T.C.A., § 13-2209
- Acts 1980, ch. 790, § 3
- 1988, ch. 901, § 4.
§ 13-22-110. Maximum aggregate amount. - The agency shall not issue a commitment to insure or a contract of mortgage insurance, at any time, if upon issuance thereof the sum of the insured amounts under the agency's outstanding mortgage insurance contracts and the amounts to be insured under the agency's outstanding commitments to insure mortgages will exceed twenty (20) times the moneys held in or credited to the mortgage insurance fund pursuant to § 13-22-105(a).
History (4)
- Acts 1973, ch. 313, § 10
- 1975, ch. 339, § 8
- T.C.A., § 13-2210
- Acts 1988, ch. 901, § 4.
§ 13-22-111. Guaranty account. - The agency shall establish a special account, to be known as the guaranty account, and shall pay into this account all moneys appropriated and made available by the state for the purposes of the account, and other moneys which may be made available for the purposes of the account from any other source. All moneys held in the guaranty account shall be used by the agency to meet its liabilities on contracts made by it pursuant to § 13-22-112 and upon such terms and conditions as the agency may prescribe.
History (4)
- Acts 1973, ch. 313, § 11
- 1975, ch. 339, § 9
- T.C.A., § 13-2211
- Acts 1988, ch. 901, § 4.
§ 13-22-112. Mortgage insurance — Interest assistance. - (a) The agency may provide interest assistance to any financial institution with respect to any loan insured by the agency pursuant to this chapter, except mortgages insured pursuant to § 13-22-115. This assistance, subject to the limitation of funds available pursuant to § 13-22-111, may be in amounts determined by the agency to be necessary to enable the owner to afford the interest cost of the mortgage loan.
- (b) A contract for interest assistance shall constitute an undertaking by the state to grant to the mortgagee of an insured mortgage loan, for a term not to exceed the term of the mortgage loan, periodic supplements to the interest payable by the owner. Such periodic supplements when added to the interest payments made by the owner shall not exceed the interest rate established pursuant to § 13-22-109(a)(3).
- (c) Prior to entering into a mortgage interest assistance contract, the agency shall determine that such assistance is required to avoid default and foreclosure, that no other remedy exists on affordable and reasonable terms, and that the owner meets other such qualifications as the agency may require.
- (d) Any contract for interest assistance may also contain other conditions not inconsistent with this chapter, as may be prescribed by the agency by regulation or as may be agreed on by the financial institution, the agency and the owner.
- (e) Payments of interest assistance shall be made directly to the mortgagee of the insured mortgage loan, shall not be subject to the control of the owner, and shall not constitute income to the owner for taxation or other purposes.
- (f) The agency shall, with the owner and the mortgagee, review from time to time the terms of such contract and the need for assistance thereunder and make any appropriate revisions or termination.
History (5)
- Acts 1973, ch. 313, § 12
- 1975, ch. 339, § 10
- T.C.A., § 13-2212
- Acts 1980, ch. 790, § 4
- 1988, ch. 901, § 4.
§ 13-22-113. Temporary vacation of premises. - (a) The chief executive officer, with respect to any housing accommodation which is the subject of an application for mortgage insurance under this chapter, may order any tenants temporarily to vacate the premises during the course of the rehabilitation, if the chief executive officer finds it necessary to have the premises vacated to proceed with the rehabilitation.
- (b) Any tenants who have been temporarily ordered to vacate the premises shall have the right of reinstatement therein, after the rehabilitation has been completed.
History (3)
- Acts 1973, ch. 313, § 13
- 1976, ch. 797, § 3
- T.C.A., § 13-2213.
§ 13-22-114. Inconsistency with other laws — Liberal construction. - Insofar as this chapter is inconsistent with any other law, general, special or local, this chapter shall be controlling. It is the intent of the general assembly that this chapter be construed liberally so as to effectuate the public and governmental purpose thereof.
History (2)
- Acts 1974, ch. 579, § 6
- T.C.A., § 13-2214.
§ 13-22-115. Graduated payment mortgages — Insurance authorized. - (a) The agency may insure mortgages containing provisions for varying rates of amortization corresponding to anticipated variations in family income to the extent such mortgages:
- (1) Have promise for expanding housing opportunities or meeting special needs; and
- (2) Can be developed to include any safeguards for mortgagors or purchasers that may be necessary to offset special risks of such mortgages.
- (b) Graduated payment mortgages insured by the agency pursuant to this section shall comply with the rules and regulations promulgated by the secretary of housing and urban development pursuant to 12 U.S.C. § 1715b and 12 U.S.C. § 1715z-10 [repealed]; provided, that this section shall only be applicable to first mortgages.
History (2)
- Acts 1980, ch. 790, § 1
- 1988, ch. 901, § 4.
§ 13-22-116. Graduated payment mortgages — Requirements for commitment to insure. - (a) For the purposes of this chapter, the agency is authorized to make commitments to insure mortgage loans and to contract to insure mortgage loans eligible hereunder upon such terms and conditions as the agency may prescribe, provided:
- (1) Application for mortgage insurance or for a commitment for mortgage insurance has been submitted to the agency by an approved mortgagee holding, or proposing to hold, an insurable mortgage on the housing accommodation;
- (2) The mortgage will have a remaining term of not more than forty (40) years from the date of the issuance of the insurance;
- (3) The mortgage bears interest, exclusive of premium charges fixed by the agency, at a rate not in excess of the legal rate for such mortgages in this state and agreed upon by the mortgagor, the mortgagee, and the agency;
- (4) The mortgage contains a provision satisfactory to the agency varying the rate of amortization to correspond to an anticipated variation in the mortgagor's income;
- (5) The mortgage is in such form and contains such terms and provisions with respect to maturity, hazard and title insurance, repairs, alterations, maintenance, payment of taxes and assessments, default remedies, anticipation of maturity, additional and secondary liens, waiver of equitable and legal redemption rights and other matters as the agency may prescribe; and
- (6) Such mortgage insurance is necessary to enable the mortgagor to obtain the mortgage loan upon reasonable and affordable terms and conditions.
- (b) If the agency, pursuant to the terms of a contract of mortgage insurance, makes any payment upon a defaulted mortgage loan to the mortgagee thereof, the agency shall be subrogated to the rights of the mortgagee.
- (c) The directors, officers and employees of the agency shall not be subject to any personal liabilities due to any obligation or debt created or incurred by the agency.
History (2)
- Acts 1980, ch. 790, § 2
- 1988, ch. 901, § 4.
Chapter 23 Housing Development Agency Part 1 Tennessee Housing Development Agency Act § 13-23-101. Short title. - This part shall be known and may be cited as the “Tennessee Housing Development Agency Act.”
History (2)
- Acts 1973, ch. 241, § 1
- T.C.A., § 13-2301.
§ 13-23-102. Fund raising — Powers — Purposes. - In order to promote the production of more affordable new housing units for very low, low and moderate income individuals and families in the state, to promote the preservation and rehabilitation of existing housing units for such persons, and to bring greater stability to the residential construction industry and related industries so as to assure a steady flow of production of new housing units, the Tennessee housing development agency is given the power to raise funds from private investors through issuance of its bonds and notes and to use such funds, together with investment income, and moneys from other public and private sources to:
- (1) Make funds available to sponsors, developers and builders for financing land development and residential housing construction for lower and moderate income persons and families;
- (2) Make funds available to sponsors, developers, builders and purchasers for permanent mortgage financing of housing for lower and moderate income persons and families;
- (3) Purchase existing insured mortgages from lenders within the state and direct an amount equal to the proceeds from the liquidated mortgage investments into new mortgages on residential real property;
- (4) Enter into advance commitments with lenders to purchase insured mortgage loans made to persons and families of lower and moderate income; and further, provide technical, consultative and project assistance services to sponsors of land development or residential housing; and assist in coordinating federal, state, regional and local public and private efforts and resources to otherwise increase the supply of such residential housing;
- (5) Make funds available for housing loans for veterans who qualify as persons and families of low and moderate income by including in each issue of bonds sold under this chapter a veterans' administration guaranteed loan program; and
- (6) Make grants to eligible political subdivisions, as defined by § 13-23-103, and to such private nonprofit corporations that provide housing and related services in the state; however, such grants must be for purposes which are consistent with the purposes and mission of the agency, and must be allocated and administered in a fashion and manner as is directed by the agency through appropriate rules, regulations and proceedings.
History (4)
- Acts 1973, ch. 241, § 2
- T.C.A., § 13-2302
- Acts 1984, ch. 799, § 4
- 1988, ch. 900, § 1.
§ 13-23-103. Part definitions. - As used in this part, unless the context otherwise requires:
- (1) “Agency” means the Tennessee housing development agency created by this part;
- (2) “Average Tennessee household” means the Tennessee household of average size and median gross annual household income based on the most recent federal census or the American community survey five-year estimates released in the year following the most recent federal census;
- (3) “Bonds” or “notes” means the bonds and notes respectively authorized to be issued by the agency under this chapter;
- (4) “Eligible political subdivision” means a county, metropolitan government, municipality receiving community development block grant funds directly from the United States department of housing and urban development, a municipality in a county not otherwise applying, or a consortium of such eligible political subdivisions;
- (5) “Energy-saving improvement” means an improvement to a residential housing unit through the installation of insulation, heating or cooling systems conservative of energy, or other fixtures to the structure capable of reducing its total energy needs;
- (6) “Governmental agency” means any department, division, public agency, political subdivision or other public instrumentality of the state, the federal government, and other state or public agency, or any two (2) or more thereof;
- (7) “Housing cost index” means an index of specific housing cost factors to the average Tennessee household calculated monthly or at such times as the agency may require, based on the following formula:
- The median gross monthly household income divided into the sum of:
- (A) The monthly mortgage payment for the average Tennessee household based on a thirty-year mortgage, at the prevailing mortgage interest rate on a mortgage amount sufficient to purchase a standard housing structure that will meet minimum property standards as established by the federal housing administration, including an amount representative of the average yield in discount points and servicing fees to the lender on such mortgage, based on the average discount paid at the latest Federal National Mortgage Association mortgage auction sale;
- (B) A monthly cost factor for mortgage insurance based on the mortgage insurance premium that would be required on the mortgage at the prevailing interest rate; and
- (C) An average monthly cost factor for taxes and fire insurance incurred by the average Tennessee household on a standard housing structure as required by federal housing administration minimum property standards based on data compiled by the federal housing administration;
- (8) “Insured construction loan” means a construction loan for land development or residential housing which is secured by a federally insured mortgage or which is insured or guaranteed by the United States or an instrumentality thereof, or for which there is a commitment by the United States or instrumentality thereof to insure or guarantee such a loan, or a construction loan which is secured by a policy of insurance or guarantee issued by any private mortgage insurer qualified to issue such insurance or guarantee in Tennessee and approved by the agency, or for which there is a commitment to insure or guarantee such loans made by any private mortgage insurer qualified to do business in Tennessee and approved by the agency, or a construction loan insured or guaranteed by an agency or instrumentality of the state authorized by law to issue such insurance or guarantee, or for which there is a commitment to insure or guarantee such loan made by such agency or instrumentality of the state;
- (9)
- (A) “Insured mortgage” or “insured mortgage loan” means a mortgage loan for residential housing insured or guaranteed by the United States or any instrumentality thereof, or for which there is a commitment by the United States or instrumentality thereof to insure or guarantee such a mortgage, or a mortgage loan which is secured by a policy of insurance or guarantee issued by any private mortgage insurer qualified to issue such insurance or guarantee in Tennessee and approved by the agency, or for which there is a commitment to insure or guarantee such loan made by any private mortgage insurer qualified to do business in Tennessee and approved by the agency, or a mortgage loan insured or guaranteed by any agency or instrumentality of the state authorized by law to issue such insurance, or for which there is a commitment to insure or guarantee such loan made by such agency or instrumentality of the state;
- (B) “Insured mortgage” or “insured mortgage loan” also means a loan made on a qualified residential property in which the borrower owns, or is prepared to own by use of a cash down payment, at least twenty-five percent (25%) of the equity in the property based on its appraisal value or the sale price, whichever is the lesser amount;
- (10) “Land development” means the process of acquiring land primarily for residential housing construction for persons and families of lower and moderate income and making, installing or constructing nonresidential housing improvements, including water, sewer and other utilities, roads, streets, curbs, gutters, sidewalks, storm drainage facilities and other installations or works, whether on or off the site, which the agency deems necessary or desirable to prepare such land primarily for residential housing construction within this state;
- (11) “Lender” or “qualified lender” means any bank or trust company, federally approved mortgagee, insurance company, mortgage banking institution, federally insured savings and loan association or insured state building and loan association, which is located and authorized to do business in the state, and which is approved by the agency, or the federal national mortgage association;
- (12) “Low income household” means an individual or family unit whose income does not exceed eighty percent (80%) of the area or state median income, whichever is greater, adjusted for family size;
- (13) “Mortgage” includes deeds of trust, mortgages, building and loan contracts or other instruments conveying real or personal property as security for bonds and conferring a right to foreclose and cause a sale thereof;
- (14) “Obligations” means any bonds or notes authorized to be issued by the agency under this part;
- (15) “Persons and families of lower and moderate income” means persons and families irrespective of race, creed, national origin, age or sex deemed by the agency to require such assistance as is made available by this chapter on account of insufficient personal or family income based upon the income limits established by the board of directors. In establishing these income limits, the board of directors shall be required to take into consideration, without limitation, such factors that will ensure for the citizens of the state the equal opportunity to live in equal quality housing relative to their needs, including the following:
- (A) The amount of the total income of such persons and families available for housing needs;
- (B) The size of the family;
- (C) The cost and condition of housing facilities available, including consideration of the following:
- (i) Cost of a typical dwelling lot;
- (ii) Cost of materials;
- (iii) Cost of labor;
- (iv) Cost of real estate taxes; and
- (v) Cost of home owners' or renters' insurance;
- (D) The eligibility of such persons and families for federal housing assistance of any type predicated upon a lower income basis; and
- (E) The ability of such persons and families to compete successfully in the normal housing market and to pay the amounts at which private enterprise is providing decent, safe and sanitary housing, and deemed by the agency to be eligible to occupy residential housing constructed and financed, wholly or in part, with insured construction loans or insured mortgages, or with other public or private assistance;
- (16) “Qualified sponsors, developers, builders or purchasers” means any person, corporation, profit or nonprofit, public or private, licensed general contractor or any other person or entity deemed by the board of directors to be qualified in providing housing for low and moderate income families; however, the Tennessee housing development agency shall not be deemed to be included in the definition herein;
- (17) “Qualifying not-for-profit corporation” means a not-for-profit organization that qualifies as such under the Internal Revenue Code § 501 (c)(3) (26 U.S.C. § 501(c)(3)), and chartered by the state or a nonprofit affiliate of such organization. Such qualifying organization must have substantial experience in providing low and moderate income households with housing. Specific experience and other qualifying criteria shall be set by the agency through rule and regulation;
- (18) “Residential housing” means a specific work or improvement within this state undertaken primarily to provide dwelling accommodations for persons and families of lower and moderate income, including the acquisition, construction or rehabilitation of land, buildings and improvements thereto and such other nonhousing facilities as may be incidental or appurtenant thereto;
- (19) “Servicing fees” means that sum paid for the reasonable value of services rendered to the agency for the servicing of mortgages it acquires;
- (20) “Servicing of mortgages” means the collection and payment of all principal and interest and all reasonable fees and charges by the lender for mortgages acquired by the agency;
- (21) “Solar hot water heater” means an appliance or system capable of producing most or all of the hot water needs of an average Tennessee household through the use of natural sunlight;
- (22) “State” means the state of Tennessee; and
- (23) “Very low income household” means an individual or family unit whose income does not exceed fifty percent (50%) of the area or state median income, whichever is greater, adjusted for family size.
History (7)
- Acts 1973, ch. 241, § 3
- 1974, ch. 702, § 1
- 1978, ch. 884, § 1
- T.C.A., § 13-2303
- Acts 1988, ch. 900, § 12
- 1991, ch. 466, § 2
- 2010, ch. 961, § 2.
§ 13-23-104. Creation. - There is hereby created a body, politic and corporate, to be known as the “Tennessee housing development agency.” The agency, a political subdivision and instrumentality of the state, shall be deemed to be acting in all respects for the benefit of the people of the state in the performance of essential public functions and shall be deemed to be serving a public purpose and improving and otherwise promoting the health, welfare, and prosperity of the people of the state, and that the Tennessee housing development agency shall be empowered to act on behalf of the state and its people in serving this public purpose for the benefit of the general public.
History (3)
- Acts 1973, ch. 241, § 4
- 1974, ch. 702, § 2
- T.C.A., § 13-2304.
§ 13-23-105. Board of directors. - The agency shall have a board of directors which shall be responsible for carrying out the powers given to the agency by this part.
History (3)
- Acts 1973, ch. 241, § 4
- 1979, ch. 442, § 8
- T.C.A., § 13-2305.
§ 13-23-106. State officer members — Delegation of duties. - (a) The state treasurer, the comptroller of the treasury, the commissioner of finance and administration, the secretary of state, and a staff assistant to the governor to be designated in writing by the governor, and their successors in the office, from time to time shall, by virtue of their incumbency in such offices and without further appointment or qualification, be directors of the agency.
- (b) Such directors may designate a member of their respective staffs to attend meetings of the board of directors or its committees and to exercise their right to vote in their absence. Such designations must be made in writing to the chair of the board of directors and filed with the secretary of state.
History (5)
- Acts 1973, ch. 241, § 4
- 1975, ch. 320, § 1
- 1977, ch. 483, § 1
- 1979, ch. 442, § 1
- T.C.A., § 13-2306.
§ 13-23-107. Appointed members — Qualifications. - (a)
- (1)
- (A) The governor shall appoint the following members to the board of directors for the agency, who shall be citizens of the state and shall not hold public office: a total of six (6) persons representing the following groups, with no more than one (1) person representing each group: retail building material supply; manufactured housing; home building; mortgage banking; licensed real estate brokers; local public housing authority; local government; and a qualifying not-for-profit corporation.
- (B) After June 30, 2013, the governor shall appoint two (2) persons from the public at large who are knowledgeable about the problems about inadequate housing conditions in the state.
- (C) Upon the first term expiration for one (1) of the public at large members, that public at large position shall expire, without reappointment, at the end of the member's term. After this term expiration and thereafter, the governor shall appoint one (1) person from the public at large who is knowledgeable about the problems about inadequate housing conditions in the state.
- (D)
- (i) When making appointments, the governor shall give due consideration to geographic distribution of the members of the agency to ensure that all parts of the state are adequately represented.
- (ii) In making appointments to the agency board of directors, the governor shall strive to ensure that at least one (1) person appointed to serve on the board is sixty (60) years of age or older and that at least one (1) person appointed to serve on the board is a member of a racial minority.
- (2) The speaker of the senate and the speaker of the house of representatives shall each appoint one (1) member from the public at large who shall be citizens of the state, shall not hold public office and shall be knowledgeable about the problems of inadequate housing conditions in the state. Any change in the status or profession of an appointed member shall not affect such member's position or term as a member of the agency.
- (b) Each member of the agency duly appointed by the governor pursuant to the former provisions of this section shall continue to serve and fill such member's respective membership position until the expiration of the term of office to which such member was appointed and until such member's successor is duly appointed and qualified. At the expiration of the term of office to which a member was appointed pursuant to the former provisions of this section, such member may be reappointed subject to the limitations imposed by this section and § 13-23-108.
- (c) Other individuals may be directors of the agency as may be required by applicable federal law, regulation or agreement, who shall be eligible to vote on matters before the agency to the extent required by federal law, regulation or agreement.
History (8)
- Acts 1973, ch. 241, § 4
- 1979, ch. 442, § 2
- T.C.A., § 13-2307
- Acts 1982, ch. 641, § 1
- 1988, ch. 900, § 2
- 1988, ch. 1013, § 11
- 1993, ch. 21, § 1
- 2013, ch. 414, §§ 1, 3.
§ 13-23-108. Appointed members — Terms, etc. - (a) The members of the board of directors appointed pursuant to § 13-23-107 shall serve for a term of four (4) years, except that any person appointed to fill a vacancy shall serve only for the unexpired term. Upon the expiration of the member's term, the member shall continue to serve until a successor is duly appointed and qualified. When making appointments, the governor shall consider recommendations from relevant interest groups for each vacancy. Furthermore, when making appointments, the governor and speakers shall give consideration to the ethnic, economic and social composition of the state, with particular emphasis on achieving a balance among urban and rural members from the three (3) grand divisions of the state. No appointed member shall serve more than two (2) consecutive terms, unless one (1) such term is an appointment to fill an unexpired term with less than two (2) years remaining, but such appointed member may continue to serve until such appointed member's successor is duly appointed and qualified.
- (b) Each appointed member may be removed by the governor for misfeasance, malfeasance, or willful neglect of duty as determined by the governor. Any appointed member who is absent from four (4) meetings of the board of directors during any twelve-month period shall cease to be a member of the agency and the position shall become vacant upon certification of such fact to the governor by the secretary of the agency.
- (c) Before entering into the appointed member's duties, each appointed member shall take an oath of office to administer the duties of such appointed member's office faithfully and impartially, and a record of such oath shall be filed in the office of the secretary of state.
History (6)
- Acts 1973, ch. 241, § 4
- 1977, ch. 483, § 2
- 1979, ch. 442, § 3
- T.C.A., § 13-2308
- Acts 1988, ch. 900, § 3
- 1992, ch. 724, § 1.
§ 13-23-109. Compensation of members. - The members of the agency shall receive no compensation for their services, but shall be entitled to receive, from funds of the agency, for attendance at meetings of the agency or any committee thereof and for other services for the agency, reimbursement for such actual expenses as may be incurred for travel and subsistence in the performance of official duties. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
History (4)
- Acts 1973, ch. 241, § 4
- 1976, ch. 806, § 1(57)
- 1979, ch. 442, § 7
- T.C.A., § 13-2309.
§ 13-23-110. Quorum. - A majority of the members of the agency shall constitute a quorum, and the affirmative vote of eight (8) members at a meeting of the members duly called and held shall be necessary for any action taken by the membership of the agency. No vacancy in the membership of the agency shall impair the rights of a quorum to exercise all the rights and to perform all the duties of the agency. For the purposes of determining a quorum and the number of affirmative votes at a meeting, persons who have been delegated the right to vote in accordance with § 13-23-106 shall be considered members of the agency.
History (7)
- Acts 1973, ch. 241, § 4
- 1975, ch. 320, § 5
- 1977, ch. 483, § 3
- T.C.A., § 13-2310
- Acts 1988, ch. 900, § 4
- 1993, ch. 21, § 2
- 2013, ch. 414, § 4.
§ 13-23-111. Chair and vice chair. - The governor shall designate from those appointed members of the agency a member to serve as chair. The term of the chair shall extend to the earlier of either the date of expiration of such member's then current term as a member of the agency or a date six (6) months after the expiration of the then current term of the governor designating such chair. The agency shall annually elect one (1) of its members as vice chair.
History (3)
- Acts 1973, ch. 241, § 4
- T.C.A., § 13-2311
- Acts 1988, ch. 900, § 14.
§ 13-23-112. Officers — Executive director — Secretary — Audit and budget committee. - (a) The agency shall elect or appoint, and prescribe the duties of, such other officers as the agency deems necessary or advisable, including an executive director and a secretary.
- (b) The executive director shall be a person of good moral character and shall be professionally qualified to administer the programs and duties of the agency. Such professional qualifications must as a minimum be evidenced by a minimum of three (3) years' experience immediately preceding such professional's appointment or election in the theory and practice of residential housing construction, law, real estate, home mortgage finance, architecture, building materials supply, public administration or urban planning.
- (c) The executive director shall administer, manage and direct the affairs and business of the agency subject to the policies, control and direction of the board of directors.
- (d) The secretary of the agency shall keep a record of the proceedings of the agency and shall be custodian of all books, documents and papers filed with the agency, the minute book or journal of the agency and its official seal. The secretary shall have authority to cause copies to be made of all minutes and other records and documents of the agency to the effect that such copies are true copies, and all persons dealing with the agency may rely upon such certificates.
- (e) All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
- (f) The state treasurer shall be the treasurer of the agency. The treasurer shall be the custodian of the assets of the agency except for those assets required by contracts with bondholders to be in the custody of the trustee. The board of directors shall set the investment policy for agency assets and the treasurer shall be responsible for making investments in accordance with such policy. The treasurer may delegate all or a portion of these duties and responsibilities to the executive director.
- (g) The secretary of the bond finance committee shall, subject to the policies of the board of directors and bond finance committee, be responsible for the execution of all matters relating to the issuance and servicing of the bonds and notes of the agency. The secretary of the bond finance committee may delegate these duties and responsibilities to the executive director.
- (h)
- (1)
- (A) There is hereby created an audit and budget committee of the agency, which shall be composed of the following:
- (i) The chair of the agency;
- (ii) The vice chair of the agency;
- (iii) The state treasurer;
- (iv) The secretary of state; and
- (v) Two (2) members appointed annually by the chair from among the appointed members of the board.
- (B) The state treasurer shall serve as the chair of the audit and budget committee in even years and the secretary of state shall serve as the chair of the audit and budget committee in odd years beginning in 2013, and alternating thereafter.
- (C) The agency's director of internal audit shall serve as the secretary for the committee. The agency's director of internal audit shall serve at the pleasure of the committee. The committee has the authority to employ, terminate and establish the salary of the director of internal audit.
- (2) Three (3) or more members of the audit and budget committee shall constitute a quorum and the concurring vote of three (3) members shall be required for the approval of matters coming before the committee. Written minutes of all meetings shall be prepared by the secretary and kept on file, open to public inspection. The audit and budget committee shall be charged with the responsibility of monitoring agency financial and programmatic controls, including potential conflicts of interest of agency members and staff. To carry out these responsibilities, the committee shall review reports from the agency internal audit staff and shall review agency financial and programmatic controls at least annually, and shall review and submit the annual agency budget to the bond finance committee and the board.
History (7)
- Acts 1973, ch. 241, § 4
- 1976, ch. 806, § 1(57)
- T.C.A., § 13-2312
- Acts 1988, ch. 900, § 5
- 1992, ch. 724, § 2
- 2011, ch. 16, § 1
- 2013, ch. 414, § 2.
§ 13-23-113. Distribution of benefits restricted. - No part of the revenues or assets of the agency shall inure to the benefit of or be distributable to its members or officers or other private persons.
History (2)
- Acts 1973, ch. 241, § 4
- T.C.A., § 13-2313.
§ 13-23-114. Housing cost index — Program becoming operative. - The agency shall establish a housing cost index as defined in § 13-23-103 to be computed monthly or at such time or times as the agency in its discretion may require. The housing cost index shall serve to determine what percentage of the average Tennessee household's gross monthly income is required to pay for primary fixed housing costs under then existing housing market conditions and to establish a basis for a threshold at which the financial assistance programs of this chapter will become effective. Thus, it is hereby found and declared that when primary housing costs, as defined by the housing cost index, reach or exceed twenty-five percent (25%) of an average Tennessee household's gross monthly income, a majority of Tennessee citizens are excluded from the normal housing market; and, in light of that finding, when the housing cost index reaches or exceeds a factor of twenty-five percent (25%) and upon the approval of the board of directors, the financial assistance programs established in this chapter will become operative to aid in providing adequate housing for lower and moderate income persons and families as defined by § 13-23-103. Notwithstanding any other provision of this section, the agency may at any time approve the operation of the financial assistance programs of this chapter with the affirmative vote of nine (9) members of its board of directors.
History (2)
- Acts 1973, ch. 241, § 4
- T.C.A., § 13-2314.
§ 13-23-115. General powers. - The agency has all of the powers necessary and convenient to carry out and effectuate the purposes and provisions of this chapter, including, but without limiting the generality of the foregoing, to:
- (1) Make or participate in the making of insured construction loans to qualified sponsors, developers, and builders for land development and/or for residential housing for lower and moderate income persons and families, all subject to § 13-23-116;
- (2) Make or participate in the making of insured mortgage loans to qualified sponsors, developers, builders and purchasers of residential housing for lower and moderate income persons and families, all subject to § 13-23-117;
- (3) Acquire, and contract to acquire, insured mortgages owned by lenders, and enter into advance commitments to lenders for the purchase of the mortgages, all subject to § 13-23-118;
- (4) Purchase, make, or participate in the making of insured loans to low and moderate income persons and families for the purpose of improving or rehabilitating existing residential housing and, in connection therewith, refinance existing loans involving the same property. Such loans shall be secured by a mortgage lien on the improved or rehabilitated property. The agency is also empowered to make loans to low and moderate income persons and families for the purpose of purchasing and rehabilitating residential housing;
- (5) Establish, and revise from time to time and charge and collect fees and charges in connection with making, purchasing and servicing any of its loans, notes, commitments and other evidences of indebtedness;
- (6) Pay reasonable fees and charges in connection with making or purchasing its loans, notes, bonds and other evidences of indebtedness;
- (7) Acquire real property, or any interest therein, in its own name, by purchase, transfer, foreclosure or otherwise; but only as may be necessary to carry out and effectuate the purposes of this part. This subdivision (7) shall be limited to meeting the requirements of the agency relative to a delinquency or default on the payment of any loan owned by the agency;
- (8) Subject to any agreement with bondholders or noteholders, sell any mortgages or other personal property acquired by the agency at public or private sale and at such price or prices as it shall determine;
- (9) Subject to any agreement with bondholders or noteholders, collect, enforce the collection of, and foreclose on any mortgage or other collateral securing an insured construction loan or an insured mortgage loan, and acquire or take possession of such mortgage or other collateral and sell the same at public or private sale, with or without bidding, and otherwise deal with such mortgage or collateral as may be necessary to protect the interests of the agency therein;
- (10) Procure insurance against any loss in connection with its operations in such amounts, and from such insurers, as it may deem necessary or desirable;
- (11) Subject to any agreement with bondholders or noteholders, consent, whenever it deems it necessary or desirable in the fulfillment of its corporate purposes, to the modification of the rate of interest, time of payment of any installment of principal or interest, or any other terms of a mortgage loan, mortgage loan commitment, construction loan, contract or agreement of any kind to which the agency is a party;
- (12) Subject to any agreement with bondholders or noteholders, invest moneys of the agency not required for immediate use, including proceeds from the sale of any bonds and notes in collateralized guaranteed investment contracts of longer than one (1) year and otherwise in the same manner as permitted by law for the investment of state funds;
- (13) Make, enter into and enforce all contracts or agreements necessary, convenient or desirable for the purposes of the agency or to the performance of its duties and execution or carrying out of its powers under this part, including contracts or agreements with any person, firm, agency, governmental agency or other entity, and all Tennessee governmental agencies are hereby authorized to enter into contracts and agreements, and otherwise cooperate with the agency to facilitate the purposes of this part;
- (14) Contract for and accept any gifts or grants or loans or appropriations of funds or property, or financial or other aid in any form from the United States or any agency or instrumentality thereof, or from the state or any agency, instrumentality or political subdivision thereof, or from any other source, and comply, subject to provisions of this part and to any agreements with bondholders or noteholders, with the terms and conditions thereof. Any grant funds becoming available to the agency for subsidies of housing for low-income families, other than those becoming available to the agency in its capacity as a mortgage lender or construction loan lender, shall be paid first to the various housing authorities in the state, to meet the subsidy needs of low-rent public housing as determined necessary by the agency, before any such funds are made available for any housing financed through this part;
- (15) Borrow money and issue negotiable bonds and notes for the purposes provided in this part and provide for and secure the payment thereof and provide for the rights of the holders thereof;
- (16) Include in any borrowing such amounts as may be deemed necessary by the agency to pay financing charges, interest on the obligations for a period not exceeding two (2) years from their date, consultant, advisory and legal fees, and such other expenses as are necessary or incident to such borrowing;
- (17) Subject to any agreements with bondholders or noteholders, purchase bonds or notes of the agency out of any funds or money of the agency available therefor, and hold, cancel or resell such bonds or notes;
- (18) Make and publish rules and regulations respecting its financial assistance programs and such other rules and regulations as are necessary to effectuate its corporate purposes;
- (19) Make and execute contracts for the servicing of mortgages acquired by the agency pursuant to this part, and pay the reasonable value of services rendered to the agency pursuant to those contracts;
- (20)
- (A) Renegotiate, refinance or foreclose, or contract for the foreclosure of, any mortgage in default;
- (B) Waive any default or consent to the modification of the terms of any mortgage;
- (C) Commence any action to protect or enforce any right conferred upon it by any law, mortgage, contract or other agreement, and to bid for and purchase such property at any foreclosure or at any other sale, or acquire or take possession of any such property; or
- (D) Operate, manage, lease, dispose of, and otherwise deal with such property, in such manner as may be necessary to protect the interests of the agency and the holders of its bonds and notes;
- (21) Employ fiscal consultants, engineers, attorneys, real estate counselors, appraisers and such other consultants and employees as may be required in the judgment of the agency, and fix and pay their compensation from funds available to the agency therefor. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter. The employees of the agency may participate in the Tennessee consolidated retirement system established under title 8, chapters 34-37, and the state comprehensive group insurance program;
- (22) Provide technical and advisory services to sponsors, builders, and developers of residential housing and to residents thereof, including relocation assistance services to persons and families displaced because of public works projects;
- (23) Promote research and development in proper land use planning for both urban and rural areas, in the use of technical codes in the home building industry, in planning and providing adequate community services and facilities, and in scientific methods of constructing low-cost residential housing of high durability;
- (24) Sue and be sued in its own name, plead and be impleaded;
- (25) Maintain an office in Nashville and at such other place or places as it may determine;
- (26) Adopt an official seal and alter the same at pleasure;
- (27) Adopt bylaws for the regulation of its affairs and the conduct of its business and prescribe rules, regulations and policies in connection with the performance of its functions and duties;
- (28) Do any and all things necessary or convenient to carry out its purposes and exercise the powers given and granted in this part;
- (29) Purchase, make, or participate in the making of insured loans to low and moderate income persons and families for the purpose of making energy-saving improvements to residential housing units. Such loans shall be secured by a mortgage lien on the improved or rehabilitated property. The agency shall also be empowered to make loans to low and moderate income persons and families for the purpose of purchasing solar hot water heaters for residential housing units;
- (30) Designate “areas of chronic economic distress” to be the target areas required by § 103A of the Internal Revenue Code (26 U.S.C. § 103A);
- (31) Make grants to eligible political subdivisions and to such private nonprofit corporations that provide housing and related services in the state consistent with the purposes and mission of the agency;
- (32) Serve as a clearinghouse for properties made available through the federal Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA);
- (33) Provide a reserve for the bond and loan programs and provide for administrative and operational support of the Tennessee industrial finance corporation, created pursuant to title 4, chapter 17, part 4 [repealed]; and
- (34) When entering into any contracts or agreements authorized under this chapter, including contracts or agreements providing for liquidity and credit enhancement and reimbursement agreements relating thereto, interest rate swap or exchange agreements, agreements establishing interest rate floors or ceilings or both, other interest rate hedging agreements, evidencing a transaction bearing a reasonable relationship to this state and also to another state or nation, agree in the written contract or agreement that the rights and remedies of the parties thereto shall be governed by the laws of this state or the laws of such other state or nation; provided, however, jurisdiction over the agency against which an action on such a contract or agreement is brought shall lie solely in a court located in Tennessee which would otherwise have jurisdiction of actions brought in contract against the agency.
History (12)
- Acts 1973, ch. 241, § 5
- 1974, ch. 702, § 3
- 1976, ch. 806, § 1(57)
- 1977, ch. 483, § 9
- 1978, ch. 884, § 2
- T.C.A., § 13-2315
- Acts 1981, ch. 505, § 3
- 1988, ch. 900, § 6
- 1990, ch. 979, § 1
- 1992, ch. 724, § 3
- 1998, ch. 724, § 3
- 2001, ch. 253, § 16.
§ 13-23-116. Insured construction loans for development or rehabilitation — Loans for energy-saving improvements and solar water heaters — Energy use considered in making loans. - (a) The agency shall be empowered to make or participate in the making of insured construction loans to qualified sponsors, developers and builders for land development and/or residential housing, including the rehabilitation thereof, for lower and moderate income persons or families when the financial assistance programs of this part become effective under this part. However, the agency will not make or participate in the making of any insured construction loans until it has notified all qualified lenders that the insured construction loan program is in effect and that the agency is prepared to enter into working agreements with qualified lenders for the making of insured construction loans to qualified sponsors, developers and builders; and it has determined that the insured construction loan is not otherwise available, totally or in part, from qualified lenders upon reasonably equivalent terms and conditions. Except as provided herein, the agency may make such loans directly only after the agency has notified all qualified lenders with whom working agreements have been established of a sponsor's, developer's or builder's loan application with the agency and after a reasonable time from the date of notification, no qualified lender has agreed in writing with the sponsor to make the insured construction loan either as a mortgagee or agent for a mortgagee, upon reasonably equivalent terms and conditions. Such loans made under this section to public housing agencies, public and private nonprofit corporations or other public or private nonprofit entities, or limited distribution entities, may be made by the agency to such borrower directly when the agency has determined that the loan is not otherwise available, totally or in part, from private qualified lenders upon reasonably equivalent terms and conditions.
- (b)
- (1) The agency may make loans to qualified lenders under terms and conditions requiring the proceeds thereof to be used for the making of loans for the construction or rehabilitation of residential housing by qualified sponsors, developers, and builders. Such loans may be made only after the agency has issued to the qualified sponsor, developer, or builder its commitment to make or participate in the making of an insured mortgage loan, or the agency has received evidence of an existing commitment to make the permanent loan, and the qualified lender has entered into an agreement with the agency agreeing to make the construction or rehabilitation loan on terms and conditions consistent with this part and the agency's rules and regulations.
- (2) The agency may require that such loans to qualified lenders be secured as to payment of both principal and interest by a pledge of and lien upon collateral security in such amounts as the agency shall determine to be necessary to assure the payment of such loans and the interest thereon as the same become due. Such collateral security shall consist of:
- (A) Direct general obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by, the United States or the state;
- (B) Bonds, debentures, participation certificates or notes issued by the federal national mortgage association or the federal home loan mortgage corporation or by an agency or corporation which has been or is hereafter created by or pursuant to an act of the congress of the United States as an agency or instrumentality thereof; or
- (C) Mortgages insured or guaranteed by the United States or an instrumentality thereof as to payment of principal and interest.
- (c) In making loans for rehabilitation of residential housing, the agency shall consider proposals for energy-saving improvements and solar hot water heaters, and, if feasible, include the costs of such improvements or heaters in the amount of the loan.
- (d) The agency shall be empowered to make loans for energy-saving improvements and solar hot water heaters to persons and families of lower and moderate incomes for residential housing occupied and owned or rented by such person or family. Such loans shall be under such conditions, with such security, and with such repayment plans as the agency may determine. In determining repayment schedules, however, the agency shall attempt to match repayments with the savings resulting to the person or family in their residential utility bill from the improvement or solar water heater. Consideration shall also be given to providing a revolving loan fund.
- (e) The agency shall be provided with standards for a listing of reliable and efficient solar hot water heaters by the appropriate federal agency.
- (f) The agency shall give consideration, in making any loan authorized by this chapter, to energy-saving improvements and appliances included in the proposed design, improvement or rehabilitation of residential housing and shall, in making loans, give maximum consideration to any proposal which would decrease energy use typical of present construction or designs.
History (6)
- Acts 1973, ch. 241, § 6
- 1974, ch. 702, § 4
- 1975, ch. 320, § 2
- 1977, ch. 483, § 11
- 1978, ch. 884, §§ 3-5
- T.C.A., § 13-2316.
§ 13-23-117. Insured mortgage loans. - (a) The agency shall be empowered to make or participate in the making of insured mortgage loans to qualified sponsors, developers or builders of residential housing for lower and moderate income persons and families, and to lower and moderate income persons who are purchasers of residential housing when the financial assistance programs of this part become effective under § 13-23-114. No insured mortgage loans available under this section shall be made for nonowner-occupied residential housing unless the sponsor, developer, builder or purchaser is a public housing agency, a public or private nonprofit corporation or other public or private nonprofit entity or a limited distribution entity, established or certified to do business under the laws of the state, and such public agency, corporation or entity has on file with the agency the salary schedule of its officers and employees or unless such residential housing shall be fully or partially occupied by residents assisted under a federal housing assistance program. However, the agency will not make or participate in the making of any insured mortgage loans until it has notified all qualified lenders that the insured mortgage loan program is in effect and that the agency is prepared to enter into working agreements with qualified lenders for the making of insured mortgage loans to qualified sponsors, developers, builders and purchasers; and it has determined that the insured mortgage loan is not otherwise available, totally or in part, from private qualified lenders upon reasonably equivalent terms and conditions. Except as provided herein, the agency may make such loans directly only after the agency has notified all qualified lenders with whom the agency has working agreements of a sponsor's, developer's, builder's, or purchaser's pending loan application and after a reasonable time from the date of notification, no qualified lender has agreed in writing with such qualified sponsor, developer, or builder or with such qualified purchaser to make an insured mortgage loan either as mortgagee, or as an agent for a mortgagee upon reasonably equivalent terms and conditions.
- (b) Any loan made at a reduced interest rate under this section to purchasers of owner-occupied residential housing shall not be assumed or in any way transferred to a subsequent purchaser of such owner-occupied residential housing unless such purchaser qualifies as a person or family of lower or moderate income under § 13-23-103. Any loan made at a reduced rate under this section to sponsors, developers, builders and purchasers of nonowner-occupied residential housing shall not be assumed or in any way transferred to a subsequent purchaser of such residential housing unless such purchaser is a public housing agency, a public or private nonprofit corporation or other public or private nonprofit entity or a limited distribution entity, established or certified to do business under the laws of the state as hereinbefore provided in this section. Such loans made under this section to such public housing agencies, public or private nonprofit corporations or other public or private nonprofit entities, or limited distribution entities, may be made by the agency to such borrower directly when the agency has determined that the loan is not otherwise available, totally or in part, from qualified private lenders upon reasonably equivalent terms and conditions.
- (c) For purposes of this chapter, “limited distribution entity” means a corporation, trust, partnership, association, individual or other entity regulated by the agency as to the amount of distribution, retirement of capital investment, or redemption of stock or other ownership interest, in such a manner that any such distribution, retirement, or redemption will not exceed in any one (1) fiscal year ten percent (10%), or such lesser percentage as shall be prescribed by the rules and regulations of the agency, of such limited distribution entity's equity in a nonowner-occupied residential housing development. The limited distribution entity's equity in the development shall consist of the difference between the agency mortgage loan on the development and the total project cost. By regulation, the agency shall prescribe the categories of costs constituting “total project cost,” including organizational expenses, land acquisition, plans and specifications, interest and financing charges paid during construction, construction costs, architects, engineering, legal and accounting fees, and a reasonable builder's profit and job overhead. A limited distribution entity's equity in a nonowner-occupied residential housing development shall be established by the agency resolution approving the mortgage loan. For the purposes of this subsection (c), that equity shall remain constant during the life of the agency mortgage loan on such housing development, except for additional equity investment made by the limited distribution entity after agency approval. Should the limited distribution entity accumulate earned surplus in addition to such maintenance and replacement reserves as the agency may require in excess of ten percent (10%) of the first full year's proposed annual rent roll, the agency may direct that the development's rents be reduced to the extent necessary to lower the earned surplus accumulation to the ten percent (10%) (or such lesser percent as the agency shall have prescribed by its rules and regulations) return on equity factor established at the granting of the agency mortgage loan.
- (d) Owner-occupied dwellings shall include one (1) to four (4) family units occupied in whole or in part by the owners, as well as units constructed or existing under the Horizontal Property Act, compiled in title 66, chapter 27.
- (e) When allocating funds for loans on new homes, the agency shall attempt to give priority to homes which incorporate energy conserving design and construction, and which include solar heating systems and solar hot water heaters.
History (6)
- Acts 1973, ch. 241, § 7
- 1974, ch. 702, § 5
- 1975, ch. 320, § 3
- 1977, ch. 483, § 4
- 1979, ch. 442, § 9
- T.C.A., § 13-2317.
§ 13-23-118. Purchase of mortgages. - (a) The agency shall be empowered to purchase mortgages from lenders or enter into advance commitments to lenders for the purchase of mortgages during periods when the financial assistance programs of this chapter become effective under § 13-23-114.
- (b)
- (1) “Mortgage,” as used in this section, means an insured loan owed to a lender secured by a first lien on a fee simple or leasehold estate in real property located in the state and improved by a residential structure.
- (2) “Real property,” as used in this subsection (b), includes air rights.
- (c) The agency may purchase or enter into advance commitments to purchase insured mortgages from lenders at such prices and upon such terms and conditions as it shall determine; provided, that the total purchase price for all mortgages which the agency commits to purchase from a lender at any one (1) time shall in no event be more than the total of the unpaid principal balances thereof.
- (d) The agency shall require as a condition of purchase of mortgages from lenders other than mortgages purchased by the agency pursuant to advanced commitment agreements that such lenders shall, within such reasonable period of time as may be approved by the agency not in excess of one hundred eighty (180) days of receipt of the purchase price, enter into written commitments to loan and shall, within such period as may be approved by the agency, loan an amount equal to the entire purchase price of such mortgages on new residential mortgages for persons and families of lower and moderate income within the state having such terms as the agency may prescribe. The agency may refuse to approve any commitment to lend on a multiple dwelling mortgage if so required by the terms of any bonding resolution.
- (e) Such new mortgages shall bear interest at a rate which does not exceed the maximum interest rate, if any, set by the agency for such mortgages. The agency may set such a maximum interest rate chargeable on such new loans at the rate that the mortgages purchased by the agency were discounted to yield plus an interest differential, not in excess of one percent (1%) per annum, which the agency from time to time shall determine to be adequate consideration to induce such lenders to sell existing mortgages to the agency and to loan an amount equal to the proceeds on new mortgages in furtherance of the purposes of and subject to the conditions of this chapter.
- (f) The agency shall require the submission to it by each lender from which the agency has purchased mortgages, evidence satisfactory to the agency of the making of new mortgage loans and in connection therewith may, through its employees or agents, inspect the books and records of any such lender.
- (g) Compliance by any lender with the terms of its agreement with or undertaking to the agency with respect to the making of any mortgage loans may be enforced by decree of any circuit or chancery court of this state. The agency may require as a condition of purchase of mortgages from any lender, which is a national banking association, the consent of such lender to the jurisdiction of the circuit or chancery court over any such proceeding. The agency may also require agreement by any lender, as a condition of the agency's purchase of mortgages from such lender, to the payment of penalties to the agency for violation by the lender of its undertakings to the agency, and such penalties shall be recoverable at the suit of the agency.
- (h) The agency shall require as a condition of purchase of any mortgage from a lender that the lender represent and warrant to the agency that:
- (1) The unpaid principal balance of the mortgage and the interest rate thereon have been accurately stated to the agency;
- (2) The amount of the unpaid principal balance is justly due and owing;
- (3) The lender has no notice of the existence of any counterclaim, offset or defense asserted by the mortgagor or the mortgagor's successor in interest;
- (4) The mortgage is evidenced by a bond or promissory note and a mortgage document which has been properly recorded with the appropriate public official;
- (5) The mortgage constitutes a valid first lien on the real property described to the agency subject only to real property taxes not yet due, installments of assessments not yet due, and easements and restrictions of record which do not adversely affect, to a material degree, the use or value of the real property or improvements thereon;
- (6) The mortgage loan when made was lawful under state law and/or federal law, whichever governs the affairs of the lender, and would be lawful on the date of purchase by the agency if made by the lender on that date in the amount of the then unpaid principal balance;
- (7) The mortgagor is not now in default in the payment of any installment of principal or interest, escrow funds, real property taxes or otherwise in the performance of the mortgagor's obligations under the mortgage documents and has not to the knowledge of the lender been in default in the performance of any such obligation for a period of longer than sixty (60) days during the life of the mortgage; and
- (8) The improvements to the mortgaged real property are covered by a valid and subsisting policy of insurance issued by a company authorized to issue such policies in this state and providing fire and extended coverage to an amount not less than ninety percent (90%) of the insurable value of the improvements to the mortgaged real property.
- (i) Each lender shall be liable to the agency for any damages suffered by the agency by reason of the untruth of any representation or the breach of any warranty and, in the event that any representation shall prove to be untrue when made or in the event of any breach of warranty, the lender shall, at the option of the agency, repurchase the mortgage for the original purchase price adjusted for amounts subsequently paid thereon, as the agency may determine.
- (j) The agency need not require the recording of an assignment of any mortgage purchased by it from a lender pursuant to this section and shall not be required to notify the mortgagor of its purchase of the mortgage. The agency shall not be required to inspect or take possession of the mortgage documents if the lender from which the mortgage is purchased by the agency shall enter a contract to service such mortgage and account to the agency therefor.
History (2)
- Acts 1973, ch. 241, § 8
- T.C.A., § 13-2318.
§ 13-23-120. Issuance of bonds and notes — Bond finance committee — Creation. - (a)
- (1) Subject to title 9, chapter 20, and § 13-23-121, the agency has the power and is hereby authorized from time to time to issue its negotiable bonds and notes in conformity with applicable provisions of the Uniform Commercial Code of Tennessee, compiled in title 47, chapters 1-9, in such principal amounts as, in the opinion of the agency, are necessary to provide sufficient funds for achieving the corporate purposes thereof, the payment of interest on bonds and notes of the agency, establishment of reserves to secure such bonds and notes, and all other expenditures of the agency incident to and necessary or convenient to carry out its corporate purposes and powers.
- (2) With respect to all or any portion of any issue of bonds or notes issued or anticipated to be issued hereunder, the agency may authorize and enter into interest rate swap or exchange agreements, agreements establishing interest rate floors or ceilings or both, and other interest rate hedging agreements and options in respect thereto, from time to time, and under such terms and conditions as the agency may determine, including, without limitation, provisions permitting the agency to pay to or receive from any person or entity for any loss of benefits under such agreement upon early termination thereof or default under such agreement.
- (3) The agency may enter into an agreement to sell its bonds or notes under this chapter providing for delivery of such debt not more than five (5) years, or such greater period of time if approved by the comptroller of the treasury, from the date of execution of such agreement or in the case of refunding bonds the earlier of the first date on which the bonds being refunded can be optionally redeemed resulting in cost savings or be optionally redeemed at par.
- (b)
- (1) Except as may otherwise be expressly provided by the agency, all bonds and notes issued by the agency under this chapter shall be general obligations of the agency, secured by the full faith and credit of the agency and payable out of any moneys, assets, or revenues of the agency, subject only to any agreement with bondholders or noteholders pledging any particular moneys, assets or revenues. The agency may issue such types of bonds or notes as it may determine, including bonds or notes as to which the principal and interest are payable:
- (A) Exclusively from the revenues of the agency resulting from the purchase of mortgages from lenders from the proceeds of such bonds or notes;
- (B) Exclusively from the revenues of the agency resulting from the purchase of certain mortgages from lenders whether or not purchased in whole or in part from the proceeds of such bonds or notes;
- (C) Exclusively from the revenues of the agency resulting from the making of insured construction loans;
- (D) Exclusively from the revenues of the agency resulting from the making of insured mortgage loans; or
- (E) From its revenues generally.
- (2) Any such bonds or notes may be additionally secured by a pledge of any grant, subsidy or contribution from the United States, or any agency or instrumentality thereof, or the state or any agency, instrumentality or political subdivision thereof, or any person, firm or corporation, of a pledge or any income or revenues, funds or moneys of the agency from any source whatsoever.
- (c) Bonds and notes shall be authorized by a resolution or resolutions of the agency adopted as provided by this chapter; provided, that any such resolution authorizing the issuance of bonds or notes may delegate to an officer of the agency the power to issue such bonds or notes from time to time and to fix the details of any such issues of bonds or notes by an appropriate certificate of such authorized officer.
- (d) Such bonds or notes shall bear such date or dates, shall mature at such time or times, shall bear interest at such rate or rates, shall be of such denominations as approved by the agency but not less than five thousand dollars ($5,000), shall be in such form, carry registration privileges, be executed in such manner, be payable in lawful money of the United States at such place or places within or without the state so long as one (1) place is within the state, be subject to such terms of redemption prior to maturity as may be provided by such resolution or resolutions or such certificate with respect to such bonds or notes, as the case may be; provided, that the maximum maturity of bonds does not exceed forty (40) years from the date thereof and the maximum maturity of notes or any renewals thereof does not exceed five (5) years from the date of the original issue of such notes.
- (e)
- (1) Prior to the commencement of each fiscal year of the state, the agency shall submit to the state funding board a schedule showing the financings proposed to be undertaken by the agency during such fiscal year. Such schedule shall specify the amount of funds estimated to be required by the agency for the financing of loans for the purchase or rehabilitation of owner-occupied residential housing for occupancy by not more than four (4) families and the amount estimated to be required by the agency for the financing of loans for any other residential housing, indicating particularly the amount estimated to be used to finance facilities for the mentally or physically handicapped. In addition, the schedule shall also specify the agency's estimates of:
- (A) The amounts required to provide for costs of issuance, capitalized interest and the funding of reserves in connection with the financing of such loans;
- (B) The total amount of obligations necessary to be issued to provide for such financings and the amounts expected to be provided therefor from unexpended proceeds of any outstanding obligations of the agency or from any other source;
- (C) The principal amounts and months of sale of each issue of such obligations; and
- (D) The spread, expressed in basis points, determined to be necessary to finance the agency's operations for such fiscal year.
- (2) The agency may submit a revised schedule of proposed financings to the state funding board at any time for its consideration. If, but not unless, a schedule or revised schedule of proposed financings for such fiscal year has been submitted to and approved by the state funding board, the agency may during such fiscal year make advance commitments to make loans in the types and amounts stated in such schedule or revised schedule. However, no such commitment may be made which is not subject to the availability of the funds to be provided through the issuance of obligations of the agency unless such commitment is either:
- (A) For a loan to be made from sources other than the proceeds of bonds as shown in such an approved schedule or revised schedule; or
- (B) For a loan to be made from the proceeds of sale of outstanding obligations of the agency as shown in the resolution of the agency authorizing the application of the proceeds of such obligations.
- (3)
- (A) There is hereby created a bond finance committee of the agency. The bond finance committee shall be composed of the following: the chair of the agency, the commissioner of finance and administration, the state treasurer, the comptroller of the treasury, and the secretary of state. The chair of the agency shall serve as chair of the bond finance committee, and the comptroller of the treasury shall serve as secretary. The chair shall preside at all meetings of the committee; provided, that in the absence of the chair, the secretary shall serve as acting chair. The committee shall appoint an assistant secretary to perform such duties as it directs and as may be delegated by this chapter. In the absence of both the chair and the secretary, the committee shall designate by official action of the committee a member of the committee to serve as acting chair.
- (B) Three (3) or more members of the bond finance committee constitute a quorum, and the concurring vote of three (3) members is required for the approval of any matters coming before the committee for determination. Written minutes covering all meetings and actions of the committee shall be prepared by the secretary and shall be kept on file, open to public inspection during reasonable business hours. The bond finance committee shall select bond counsel and such managing underwriters as the bond finance committee deems necessary for all obligations issued by the agency.
- (C) It is the duty and responsibility of the bond finance committee to periodically review and evaluate the performance of the agency's trustee and report its findings and recommendations to the board of directors.
- (4) Prior to making any other preparation for the authorization, issuance or sale of any issue of obligations, the assistant secretary of the bond finance committee, with the assistance of the executive director, shall prepare and submit a plan of financing for such issue to the bond finance committee which shall specify:
- (A) The maximum aggregate principal amount of the obligations to be issued;
- (B) The amount of the proceeds of sale expected to be applied to:
- (i) The making of loans for owner-occupied residential housing for occupancy by not more than four (4) families;
- (ii) The making of loans for housing facilities for the mentally or physically handicapped;
- (iii) The making of loans for any other residential housing;
- (iv) The payment of costs of issuance and capitalized interest;
- (v) The funding of reserves; and
- (vi) Any other purpose;
- (C) The estimated maturities, interest rates, redemption terms, if any, of such issue of obligations and the spread, expressed in basis points, determined to be necessary to finance the agency's operations as determined to be allocable to the issue; and
- (D) The proposed method and date of sale and, in general, the proposed terms of such sale.
- (5) Upon approval of the plan of financing, the assistant secretary of the bond finance committee, with the assistance of the executive director, may proceed with the preparation of the necessary documents pertaining to the authorization, issuance and sale of such obligations. Upon authorization and adoption by the board of the bond resolution authorizing the terms and conditions of such obligations and providing for the application of the proceeds thereof, the bond finance committee shall be authorized to proceed with the sale of such obligations on behalf of the agency.
- (6) Failure by the agency to comply with this subsection (e) shall not affect the validity of any obligations issued by the agency or the sale thereof if the resolution of the agency authorizing the terms of such obligations has been submitted to the bond finance committee, and such obligations have been sold by the bond finance committee on behalf of the agency.
- (f) The agency is authorized to provide for the issuance of its bonds or notes for the purpose of refunding any bonds or notes of the agency then outstanding, including the payment of any redemption premiums thereon and any interest accrued or to accrue to the redemption date next succeeding the date of delivery of such refunding bonds or notes. The proceeds of any such bonds or notes issued for the purpose of refunding outstanding bonds or notes shall be applied to the purchase, retirement, or redemption of such outstanding bonds or notes as determined by the agency and may, pending such application, be placed in escrow until applied to such purchase, retirement or redemption. Any such escrowed proceeds, pending such use, may be invested and reinvested in the same manner as permitted by law for the investment of state funds.
- (g) Whether or not the bonds and notes are of such form and character as to be negotiable instruments under the terms of the Uniform Commercial Code of Tennessee, the bonds and notes are hereby made negotiable instruments within the meaning of, and for all the purposes of, the Uniform Commercial Code of Tennessee, subject only to the provisions of the bonds and notes for registration.
- (h) Subject only to title 9, chapter 20 and §§ 13-23-121 and 13-23-122, any resolution or resolutions authorizing any bonds or notes of the agency may contain provisions which may be a part of the contract with the holders of such bonds or notes, as to:
- (1) Pledging or creating a lien, to the extent provided by such resolution or resolutions, on all or any part of any moneys or property of the agency or of any moneys held in trust or otherwise by others for the payment of such bonds or notes;
- (2) Otherwise providing for the custody, collection, securing, investment and payment of any moneys of the agency;
- (3) The setting aside of reserves or sinking funds and the regulation or disposition thereof;
- (4) Limitations on the purpose to which the proceeds of sale of any issue of such bonds or notes then or thereafter to be issued may be applied;
- (5) Limitations on the issuance of additional bonds or notes, the terms upon which additional bonds or notes may be issued and secured, and upon the refunding of outstanding or other bonds or notes;
- (6) The procedure, if any, by which the terms of any contract with the holders of bonds or notes may be amended or abrogated, the amount of bonds or notes the holders of which must consent thereto and the manner in which such consent may be given;
- (7) The creation of special funds into which any moneys of the agency may be deposited;
- (8) Vesting in a trustee or trustees such properties, rights, powers and duties in trust as the agency may determine, which may include any or all of the rights, powers and duties of the trustee appointed pursuant to § 13-23-123, and limiting or abrogating the right of the holders of bonds or notes to appoint a trustee under such section or limiting the rights, duties and powers of such trustee;
- (9) Defining the acts or omissions to act which shall constitute a default in the obligations and duties of the agency and providing for the rights and remedies of the holders of bonds or notes in the event of such default; provided, that such rights and remedies shall not be inconsistent with the general laws of this state and other provisions of this chapter; and
- (10) Any other matters of like or different character, which in any way affect the security and protection of the bonds or notes and the rights of the holders thereof.
- (i) Any resolution or resolutions or trust indenture or indentures, under which bonds or notes of the agency are authorized to be issued, may contain provisions for vesting in a trustee or trustees such properties, rights, powers and duties in trust as the agency may determine, which may include any or all of the rights, powers and duties of the trustee appointed by the holders of any issue of notes or bonds pursuant to § 13-23-123, in which event § 13-23-123 authorizing the appointment of a trustee by such holders of bonds or notes shall not apply.
- (j) It is the intention of the general assembly that any pledge of earnings, revenues or other moneys made by the agency shall be valid and binding from the time when the pledge is made; that the earnings, revenues or other moneys so pledged and thereafter received by the agency shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and that the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the agency, irrespective of whether such parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is created need be recorded.
- (k) Neither the members of the agency nor any person executing the bonds or other obligations shall be liable personally for the bonds or other obligations or be subject to any personal liability or accountability by reason of the issuance thereof.
History (10)
- Acts 1973, ch. 241, § 10
- 1974, ch. 702, § 6
- 1975, ch. 320, § 4
- 1977, ch. 483, § 6
- 1979, ch. 442, § 6
- T.C.A., § 13-2320
- Acts 1988, ch. 900, §§ 15, 16
- 1989, ch. 201, §§ 2, 3
- 1990, ch. 643, §§ 1, 2
- 2001, ch. 253, § 17.
§ 13-23-121. Issuance of bonds and notes — Maximum aggregate amount — Mortgage revenue bonds. - (a) The agency shall not issue bonds and notes under this part in an aggregate principal amount at any one (1) time outstanding exceeding four billion dollars ($4,000,000,000), excluding bonds or notes for the payment or redemption of which there has been or will be set aside and held in trust either moneys or direct and general obligations of, or obligations guaranteed by, the United States, or obligations secured by such obligations, or any combination thereof, which are or will be sufficient to pay when due the principal or applicable redemption price and all accrued interest thereon and, if such bonds or notes are to be redeemed, for which notice of redemption has been given or satisfactory provision has been made for the giving of such notice. For purposes of computing the aggregate principal amount of outstanding bonds at any one (1) time, bonds which bear no stated interest rate and for which no semiannual interest payments are to be made shall be considered to be issued and outstanding in a principal amount equal to the price paid to the agency for such bonds as of the date of their sale. For purposes of determining the price paid to the agency for such bonds, the amount per five thousand dollars ($5,000) maturity amount which is shown on the official statement of each issue and which is approved by the agency, and its bond counsel, shall be used.
- (b) The fixing of the statutory maximum in this section shall not be construed as constituting a contract between the agency and the holders of its bonds and notes that additional bonds and notes may not be issued subsequently by the agency in the event that such statutory maximum shall subsequently be increased by law.
- (c) The agency will distribute funds from its programs in a manner which provides substantially proportional access to this limited resource to the three (3) grand divisions as established by title 4, chapter 1, part 2, and which will provide the optimum benefit to the citizens of the state.
History (18)
- Acts 1973, ch. 241, § 11
- 1977, ch. 483, § 7
- 1977, ch. 484, § 1
- 1978, ch. 820, § 1
- 1979, ch. 442, § 4
- T.C.A., § 13-2321
- Acts 1980, ch. 916, § 1
- 1981, ch. 505, §§ 1, 2, 4
- 1982, ch. 780, §§ 1, 2
- 1984, ch. 799, § 1
- 1984, ch. 991, §§ 1, 2
- 1985, ch. 121, § 1
- 1988, ch. 900, § 17
- 1989, ch. 201, § 1
- 1989, ch. 231, § 1
- 1991, ch. 466, § 1
- 2008, ch. 627, § 1
- 2020, ch. 766, § 1.
§ 13-23-122. Reserve funds — Debt service reserve funds — Sinking fund payments — Appropriations. - (a)
- (1) The agency may create and establish one (1) or more reserve funds to be known as debt service reserve funds and pay into any such reserve fund:
- (A) Any moneys appropriated by the state for the purposes of such fund;
- (B) Any proceeds of sale of bonds and notes to the extent provided in the resolution of the agency authorizing the issuance thereof;
- (C) Any moneys directed to be transferred by the agency to such debt service reserve fund; and
- (D) Any other moneys made available to the agency for the purposes of such fund from any other source or sources.
- (2) The moneys held in or credited to any debt service reserve fund established under this subsection (a), except as hereinafter provided, shall be used solely for the payment of the principal of bonds of the agency secured by such debt service reserve fund, as the same mature, required payments to any sinking fund established for the amortization of such bonds, hereinafter referred to as “sinking fund payments”, the purchase or redemption of such bonds of the agency, the payment of interest on such bonds of the agency or the payment of any redemption premium required to be paid when such bonds are redeemed prior to maturity; provided, that moneys in such fund shall not be withdrawn therefrom at any time in such amount as would reduce the amount of such fund to less than the maximum amount of the principal, or sinking fund payments and interest maturing, becoming due and required to be made in any succeeding fiscal year on the bonds of the agency then outstanding and secured by such reserve fund, except for the purpose of paying the principal of and interest on such bonds of the agency secured by such reserve fund maturing and becoming due and sinking fund payments for the payment of which other moneys of the agency are not available. Any income or interest earned by, or increment to, any such debt service reserve fund due to the investment thereof may be transferred to any other fund or account of the agency to the extent it does not reduce the amount of such debt service reserve fund below the maximum amount of principal, or sinking fund payments and interest maturing, becoming due or required to be made in any succeeding fiscal year on all bonds of the agency then outstanding and secured by such reserve fund. Subject to any agreement with bondholders or noteholders, moneys in any debt service reserve fund not required for immediate use or disbursement may be invested as provided in § 45-2-607. In computing the amount of any debt service reserve fund for the purposes of this section, securities in which all or a portion of such reserve fund are invested shall be valued as determined by the resolution of the agency creating such debt service reserve fund, but in no event in excess of the par value thereof. If the agency shall create and establish one (1) or more debt service reserve funds as herein provided, the agency shall not issue bonds at any time if the maximum amount of principal, or sinking fund payments, and interest, maturing or required to be made and becoming due in a succeeding fiscal year on the bonds outstanding and then to be issued and secured by a debt service reserve fund will exceed the amount of such reserve fund at the time of issuance, unless the agency, at the time of issuance of such bonds, shall deposit in such reserve fund from the proceeds of the bonds to be issued, or otherwise an amount which, together with the amount then in such reserve fund, will be not less than the amount of principal, or sinking fund payments, and interest, maturing, required to be made and becoming due in the succeeding fiscal year on the bonds then to be issued and on all other bonds of the agency then outstanding and secured by such reserve fund.
- (b) To assure the continued operation and solvency of the agency for the carrying out of the public purposes of this part, provision is made in subsection (a) for the accumulation in each debt service reserve fund of an amount equal to the maximum amount of principal, or sinking fund payments, and interest, maturing, required to be made and becoming due in any succeeding fiscal year on all bonds of the agency then outstanding and secured by such reserve fund. In order to further assure the continued operation and solvency of the agency for the fulfillment of its corporate purposes, there shall be annually apportioned and paid to the agency for deposit in each debt service reserve fund such sum, if any, as shall be certified by the chair of the agency to the governor and the commissioner of finance and administration, as necessary to restore any such debt service reserve fund to an amount equal to the maximum amount of principal, or sinking fund payments, and interest, maturing, required to be made and becoming due in any succeeding state fiscal year on the bonds of the agency then outstanding and secured by such reserve fund; in which case such sum so apportioned and paid shall be deposited by the agency in such debt service reserve fund.
- (c) The agency may create and establish such other reserve funds as it shall deem advisable and necessary.
- (d) All amounts paid over to the agency by the state pursuant to this section shall constitute and be accounted for as advances by the state to the agency and, subject to the rights of the holders of any bonds or notes of the agency theretofore or thereafter issued, shall be repaid to the state from all available operating revenues of the agency in excess of amounts required for the debt service, reserve funds and operating expenses.
- (e) The chair of the agency shall make and deliver to the governor and the commissioner of finance and administration on or before November 1, 1973, and each year thereafter, a certificate stating the amount estimated to be required for payment of or provision for expenses of the agency under this part for the next ensuing state fiscal year. The amount so stated for any such ensuing state fiscal year shall be the sum of the amounts, if any, estimated for such fiscal year, by which anticipated operating expenses will exceed available operating revenues that the agency anticipates with reasonable certainty it will receive during such fiscal year. To assure the continued operation and solvency of the agency for the fulfillment of the purposes of this part, there shall be apportioned and paid to the agency after audit by the appropriate state official on vouchers certified or approved by the officer or officers authorized by the agency, not more than the amount so stated for expenses of the agency for such fiscal year.
- (f) As used in this section:
- (1) “Available operating revenues” for the fiscal year means all amounts received on account of mortgages acquired or loans made by the agency, fees charged by the agency, if any, and income or interest earned or added to funds of the agency due to the investment thereof, and not required under the terms or provisions of any covenant or agreement with holders of any bonds or notes of the agency to be applied to any purpose other than payment of expenses of the agency; and
- (2) “Operating expenses” for the fiscal year means ordinary expenditures for operation and administration of the agency.
- (g) Subject to agreements with bondholders or noteholders, such operating funds as are available to the agency shall be deposited in the state treasury to ensure that the administrative operation is conducted in the same manner as state agencies.
- (h) Subject to agreements with bondholders or noteholders, the annual budget of the agency shall be prepared in accordance with title 9, chapter 4, part 51.
History (4)
- Acts 1973, ch. 241, § 12
- 1974, ch. 702, § 7
- 1975, ch. 320, § 6
- T.C.A., § 13-2322.
§ 13-23-123. Remedies of bondholders and noteholders — Trustees. - (a) In the event that the agency shall default in the payment of principal of or interest on any bonds or notes issued under this part after the same shall become due, whether at maturity or upon call for redemption, and such default shall continue for a period of thirty (30) days, or in the event that the agency shall fail or refuse to comply with this part, or shall default in any agreement made with the holders of any issue of bonds or notes, the holders of twenty-five percent (25%) in aggregate principal amount of the bonds or notes of such issue then outstanding, by instrument or instruments filed in the office of the secretary of state and proved or acknowledged in the same manner as a deed to be recorded, may appoint a trustee to represent the holders of such bonds or notes for the purposes herein provided.
- (b) Such trustee may, and upon written request of the holders of twenty-five percent (25%) in principal amount of such bonds or notes then outstanding shall, in such trustee's own name:
- (1) Enforce all rights of the bondholders or noteholders, including the right to require the agency to collect interest and amortization payments on the mortgages held by it adequate to carry out any agreement as to, or pledge of, such interest and amortization payments, and to require the agency to carry out any other agreements with the holders of such bonds or notes and to perform its duties under this part;
- (2) Enforce all rights of the bondholders or noteholders, including the right to require the agency to carry out and perform the terms of any contract with the holders of such bonds or notes or its duties under this part;
- (3) Bring suit upon all or any part of such bonds or notes;
- (4) By action or suit, require the agency to account as if it were the trustee of an express trust for the holders of such bonds or notes;
- (5) By action or suit, enjoin any acts or things which may be unlawful or in violation of the rights of the holders of such bonds or notes; and
- (6) Declare all such bonds or notes due and payable and if all defaults shall be made good, then, with the consent of the holders of twenty-five percent (25%) of the principal amount of such bonds or notes then outstanding, to annul such declaration and its consequences.
- (c) Such trustee shall, in addition to the foregoing, have and possess all the powers necessary or appropriate for the exercise of any functions specifically set forth herein or incident to the general representation of bondholders or noteholders in the enforcement and protection of their rights.
- (d) Before declaring the principal of bonds or notes due and payable, the trustee shall first give thirty (30) days' notice in writing to the governor, to the agency and to the attorney general and reporter.
- (e) The circuit or chancery court shall have jurisdiction of any suit, action or proceeding instituted on behalf of the bondholders or noteholders by such trustee or any trustee appointed and acting in conformity with § 13-23-120(i). The venue of any such suit, action or proceeding shall be laid in Davidson County.
History (4)
- Acts 1973, ch. 241, § 13
- 1974, ch. 702, § 8
- 1977, ch. 483, § 8
- T.C.A., § 13-2323.
§ 13-23-124. Credit of state not pledged. - (a)
- (1) Obligations issued under this part shall not be deemed to constitute a debt, liability, or obligation of the state or of any other political subdivision thereof, nor a pledge of the full faith and credit of the state or any other political subdivision, but shall be payable solely from the revenues or assets of the agency.
- (2) Each obligation issued under this chapter shall contain on the face thereof a statement to the effect that the agency shall not be obligated to pay the same, nor the interest thereon, except from the revenues or assets pledged therefor and that neither the full faith and credit, nor the taxing power of the state, or of any political subdivision thereof is pledged to the payment of the principal of or the interest on such obligation.
- (3) All obligations of the agency issued under this part are revenue bonds or notes and are not general obligations of the state of Tennessee.
- (b) Expenses incurred by the agency in carrying out this part may be made payable from funds provided pursuant to this part, and no liability is incurred by the agency hereunder beyond the extent to which moneys have been so provided.
History (3)
- Acts 1973, ch. 241, § 14
- 1974, ch. 702, § 9
- T.C.A., § 13-2324.
§ 13-23-125. Annual reports — Audits. - (a) The agency may, in accordance with the rules, regulations, policies and procedures of the state publications committee, submit an annual report of its activities for the preceding year to the governor, comptroller of the treasury, and the general assembly. Each such report shall set forth a complete operating and financial statement of the agency during such year. The annual report shall set forth an annual statistical report including, but not limited to, the amount of mortgage loans made and the geographic location of the property having such mortgages; the number, size and average income of families benefiting from the agency's activities; the improved size of housing for such families; and comparison of the loan interest rates for such families with and without the agency's activities.
- (b)
- (1) The annual report, including financial statements, all books, accounts and financial records of the agency shall be audited annually by the comptroller of the treasury.
- (2) All audits performed by the internal audit staff of the agency shall be conducted in accordance with the standards established by the comptroller of the treasury pursuant to § 4-3-304(9).
History (7)
- Acts 1973, ch. 241, § 15
- 1974, ch. 702, § 10
- 1977, ch. 483, § 12
- T.C.A., § 13-2325
- Acts 1984, ch. 794, § 9
- 1990, ch. 1024, § 15
- 2004, ch. 656, § 2.
§ 13-23-126. Authority to accept funds. - (a) The agency is authorized to accept such moneys as may be appropriated from time to time by the general assembly for effectuating its corporate purposes including, without limitation, the payment of the initial expenses of administration and operation and the establishment of a reserve or contingency fund to be available for the payment of the principal of and the interest on any bonds or notes of the agency.
- (b) The agency is authorized to accept funds from any other legal and appropriate source for effectuating its corporate purposes.
History (3)
- Acts 1973, ch. 241, § 16
- T.C.A., § 13-2326
- Acts 1988, ch. 900, § 8.
§ 13-23-127. Tax exemption. - (a) The exercise of the powers granted by this part will be in all respects for the benefit of the people of the state, for their well being and prosperity and for the improvement of their social and economic conditions, and the agency is not required to pay any tax or assessment on any property owned by the agency under this part or upon the income therefrom; nor is the agency required to pay any transfer tax of any kind on account of instruments recorded by it or on its behalf.
- (b) Any obligations issued by the agency under this part, their transfer, and the income therefrom, including any profit made on the sale thereof, shall at all times be free from taxation by the state or any local unit or political subdivision or other instrumentality of the state, excepting inheritance and gift taxes.
History (3)
- Acts 1973, ch. 241, § 17
- 1975, ch. 152, § 1
- T.C.A., § 13-2327.
§ 13-23-128. Conflicts of interest. - (a)
- (1) No member or employee of the agency, during such member's or employee's tenure or for six (6) months thereafter, shall be employed by, hold any paid official relation to, or have any financial interest in, any housing sponsor or any housing development financed or assisted by the agency.
- (2) No real property to which such member or employee holds legal title or in which such person has any financial interest shall be sold, during such member's or employee's tenure or for six (6) months thereafter, to a housing sponsor for a housing development to be financed by the agency.
- (b) If any member or employee of the agency has a direct or indirect interest in any other business or contract with the agency other than those described in subsection (a), or has an ownership interest in any firm, corporation, or other entity having an interest in any business or contracts with the agency other than those described in subsection (a), such interest must be disclosed in writing and set forth in the official minutes of the agency, and such member or employee must refrain from participation in any discussion or activity by the agency in connection with such business or contract.
- (c) If any member or employee fails to comply with the foregoing provisions, such member or employee may, after proper notification and opportunity to be heard, be disqualified from membership with or employment by the agency by a majority vote of the board of directors and may not be reappointed to or reemployed by the agency.
- (d) In no event shall any failure to comply with this section affect the validity of the authorization, issuance, or sale of bonds or notes by the agency under this part.
- (e) Subsection (a) does not apply to any interest, relation, or sale disclosed by a member or employee prior to January 1, 1979, and made a part of the minutes of the agency in accordance with the then applicable law.
- (f)
- (1) No state officer or employee shall, during such state officer's or employee's term of service or employment, or within a period of six (6) months after ceasing to be a state officer or employee, have any financial interest, directly or indirectly, in any firm, corporation, association or other organization engaged in any way in any housing program under the terms of this part.
- (2) Notwithstanding any other provision of this chapter to the contrary, any state officer or employee, except officers and employees of the Tennessee housing development agency, whose financial interest, either directly or indirectly, is with or through a lender as defined in § 13-23-103, is not in violation of this section, except as otherwise specifically prohibited by law. The exception granted by this subsection (f) also applies to a constitutional officer of this state when one is acting as an individual and not in an official capacity, even though such an officer may be a director of the Tennessee housing development agency.
History (6)
- Acts 1973, ch. 241, § 18
- 1979, ch. 442, § 5
- T.C.A., § 13-2328
- Acts 1982, ch. 724, § 1
- 2004, ch. 444, §§ 1-3
- 2013, ch. 405, §§ 1, 2.
§ 13-23-129. Bonds and notes as legal investments. - The bonds and notes of the agency are hereby made securities in which all public officers and bodies of this state and all municipal subdivisions, all insurance companies and associations and other persons carrying on insurance business, all banks, bankers, trust companies, including savings and loan associations, building and loan associations, investment banking companies and other persons carrying on an investment banking business, all administrators, guardians, executors, trustees and other fiduciaries, and all other persons who are now or may hereafter be authorized to invest in bonds or other obligations of the state, may properly and legally invest in the bonds and notes of the agency funds including capital in their own control or belonging to them. The bonds and notes are also hereby made securities which may be deposited with and may be received by all public officers and bodies of this state and all municipalities and municipal subdivisions for any purpose for which the deposit of bonds or notes or other obligations of this state is now or may hereafter be authorized.
History (2)
- Acts 1974, ch. 702, § 11
- T.C.A., § 13-2329.
§ 13-23-130. Supplemental nature. - This part is deemed to provide an additional and alternative method for the activities authorized thereby and is regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing.
History (2)
- Acts 1973, ch. 241, § 19
- T.C.A., § 13-2330.
§ 13-23-132. Construction. - This part, being necessary for the welfare of the state and its inhabitants, shall be liberally construed so as to effectuate its purposes.
History (2)
- Acts 1973, ch. 241, § 21
- T.C.A., § 13-2332.
§ 13-23-133. False statements intended to influence participation in agency programs — Penalties. - (a) It is unlawful for any person to knowingly make, utter, or publish a false statement of substance or aid or abet another person in making, uttering, or publishing a false statement of substance for the purpose of influencing the agency to allow participation in any of its programs.
- (b) A violation of this section is a Class E felony.
History (4)
- Acts 1977, ch. 483, § 10
- T.C.A., § 13-2333
- Acts 1989, ch. 591, §§ 1, 6
- 1993, ch. 278, § 1.
§ 13-23-134. Tennessee rural and workforce housing act. [Effective on July 1, 2025.] - (a) As used in this section:
- (1) “Agency” means the Tennessee housing development agency;
- (2) “Eligibility statement” means a statement authorized and issued by the agency certifying that the owner of a qualified project is eligible for a Tennessee rural and workforce housing tax credit;
- (3) “Federal housing tax credit” means the low-income housing credit as provided in Section 42 of the Internal Revenue Code of 1986 (26 U.S.C. § 42), as amended;
- (4) “Qualified project” means a qualified low-income building, as that term is defined in Section 42 of the Internal Revenue Code of 1986 (26 U.S.C. § 42), as amended, located in this state and placed in service after January 1, 2026, that receives a federal housing tax credit allocation from the agency for a project;
- (5) “Taxpayer” means a business entity that is subject to liability for the premium tax, retaliatory tax, franchise tax, or excise tax; and
- (6) “Tennessee rural and workforce housing tax credit” means the credit created by subsection (b) against liability for premium tax, retaliatory tax, franchise tax, and excise tax.
- (b)
- (1) Subject to subsections (c) and (d), the agency may allocate to the owner of a qualified project a credit against taxpayer liability for any tax imposed by title 56, chapter 4; title 67, chapter 4, part 20; or title 67, chapter 4, part 21.
- (2) The owner of a qualified project may apportion a Tennessee rural and workforce housing tax credit among some or all of the direct partners or direct members of the business entity or association owning the qualified project, in any manner agreed to by such business entity or association, regardless of whether such business entities or associations are allocated or allowed any portion of the federal housing tax credit with respect to the qualified project. Likewise, if any of the direct partners or direct members of the business entity or association owning the qualified project is a pass-through entity, any such pass-through entity may further apportion a Tennessee rural and workforce housing tax credit to any of its direct partners, direct members, or direct shareholders in any manner agreed to by such parties, regardless of whether such parties are allocated or allowed any portion of the federal housing tax credit with respect to the qualified project.
- (3) Upon application or request, the agency shall issue an eligibility statement to the owner of a qualified project to submit with a tax credit application as provided for in this section.
- (4) The owner of a qualified project shall file a tax credit application with the commissioner of revenue or the commissioner of commerce and insurance, as applicable, in order to claim a Tennessee rural and workforce housing tax credit against any taxpayer liability provided for in this subsection (b). The application must include the eligibility statement from the agency, a description of the qualified project, the amount of federal housing tax credit the qualified project received, the direct partners and members involved in the qualified project, how the Tennessee rural and workforce housing tax credit will be allocated among those direct partners and members, whether the qualified project is located in an eligible rural area as designated by the agency, and the amount of the Tennessee rural and workforce tax credit being claimed in the application.
- (5) The total amount of the Tennessee rural and workforce housing tax credit that may be claimed pursuant to this section for a taxable year may not exceed the taxpayer's liability. A credit authorized under this subsection (b) that is unused may be carried forward in a tax period until the credit is taken; provided, however, that the credit may not be carried forward for more than twenty-five (25) years. A taxpayer shall not apply the credit against a prior tax years' liability, except that a credit may be claimed in a prior year corresponding to the date for which the agency issues an eligibility statement related to the qualified project. In the event that the agency does not issue an eligibility statement with respect to a qualified project before the end of the year in which a qualified project has been placed in service, any credits attributable to tax years prior to the year in which the agency issues the eligibility statement with respect to such qualified project shall be allowed on a properly filed tax return for the year that includes the date on which the agency issued the eligibility statement related to the qualified project.
- (6)
- (A) If, under Section 42 of the Internal Revenue Code of 1986 (26 U.S.C. § 42), as amended, a portion of a federal housing tax credit taken on a qualified project is required to be recaptured, then the taxpayer claiming a Tennessee rural and workforce housing tax credit with respect to such qualified project shall have a portion of the Tennessee rural and workforce housing tax credit recaptured. The state recapture amount is equal to the proportion of the Tennessee rural and workforce housing tax credit claimed by the taxpayer that equals the proportion the federal recapture amount bears to the original federal housing tax credit amount subject to recapture.
- (B) If the recapture of a Tennessee rural and workforce housing tax credit is required, then the taxpayer shall immediately notify the department of revenue on a form prescribed by the commissioner and submit an amended return to the department of revenue that includes the proportion of the Tennessee rural and workforce housing tax credit required to be recaptured, the identity of each taxpayer subject to the recapture, and the amount of tax credit previously allocated to such taxpayer. Notwithstanding § 67-1-1501, the statutory period for the assessment of additional franchise or excise tax resulting from such recapture shall not expire prior to the expiration of two (2) years from the date the commissioner or the commissioner's designee is notified in writing by the taxpayer of such recapture. In the case of an agreement in writing entered into by the commissioner, or the commissioner's designee, and the taxpayer within the time prescribed in this subdivision (b)(6)(B) for assessment, consenting to an assessment after such time, the tax may be assessed or a levy or other proceeding to enforce collection of such recapture may be made or begun with or without assessment at any time within the agreed upon period. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the previously agreed upon period.
- (c) The total amount of all new Tennessee rural and workforce housing tax credits that may be allocated by the agency in any fiscal year is subject to authorization and must not exceed the amounts of such authorization, plus the total of all unallocated tax credits, if any, for any preceding years, and the total amount of any previously allocated tax credits that have been recaptured, revoked, canceled, or otherwise recovered but not otherwise reallocated.
- (d) The agency shall allocate Tennessee rural and workforce housing tax credits pursuant to the qualified allocation plan developed by the agency pursuant to Section 42 of the Internal Revenue Code of 1986 (26 U.S.C. § 42) using uniform criteria that in the agency's discretion promote the highest value and greatest public benefit; provided, that no less than fifty percent (50%) of the Tennessee rural and workforce housing tax credits must be allocated to qualified projects in an eligible rural area as designated by the United States department of agriculture. The agency must allocate all authorized credits in the year they are authorized.
- (e) The agency and the department of revenue and department of commerce and insurance may promulgate rules to effectuate this section. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
- (f) Tax credits must be authorized by joint resolution of the general assembly.
Part 2 Handicapped Housing Authorization Act of 1977 § 13-23-201. Short title. - This part shall be known and may be cited as the “Handicapped Housing Authorization Act of 1977.”
History (2)
- Acts 1977, ch. 236, § 1
- T.C.A., § 13-2341.
§ 13-23-202. Loans for residential housing for elderly and persons with disabilities authorized. - The Tennessee housing development agency is hereby authorized to make, or participate in the making of, construction and permanent mortgage loans to sponsors, builders, and developers of residential housing for persons who are elderly or have a disability, without respect to the requirements of §§ 13-23-116 and 13-23-117; provided, that no such loan or loans shall be made unless:
- (1) The United States or an instrumentality thereof has committed to provide housing assistance payments in connection with the housing development; and
- (2) Appropriate agencies of state government have entered into agreements with the Tennessee housing development agency to provide support services in connection with the housing development.
History (3)
- Acts 1977, ch. 236, § 2
- T.C.A., § 13-2342
- Acts 2011, ch. 47, § 7.
§ 13-23-203. Educational, vocational, therapeutic, medical and other services for residents. - All affected agencies of state government are hereby authorized to enter into interagency agreements with the Tennessee housing development agency to provide educational, vocational, therapeutic, medical, or other services on behalf of residents of housing developments financed pursuant to this part.
History (2)
- Acts 1977, ch. 236, § 3
- T.C.A., § 13-2343.
§ 13-23-204. Maximum amount of loan. - The maximum mortgage amount for a development financed by the Tennessee housing development agency pursuant to this part shall not exceed three hundred fifty thousand dollars ($350,000).
History (2)
- Acts 1977, ch. 236, § 4
- T.C.A., § 13-2344.
§ 13-23-205. Part definitions. - The words and terms used in this part, unless the context clearly requires otherwise, have the same meaning as provided in § 13-23-103.
History (2)
- Acts 1977, ch. 236, § 5
- T.C.A., § 13-2345.
Part 3 Homebuyers' Revolving Loan Fund Pool § 13-23-301. Creation and use of fund. - (a) There is established a homebuyers' revolving loan fund pool for participating Tennessee counties, for the purposes set out in this part, to be administered by the Tennessee housing development agency, herein referred to as “THDA”, in accordance with this part. The cost of administering this fund shall be borne by THDA out of its own administrative budget.
- (b) The funds provided for by this part shall be used to make loans to low and moderate income persons in areas which have critical housing needs for the purpose of such persons securing residential housing, including housing which has been substantially rehabilitated, by the owner of such substantially rehabilitated property or by any third party or business entity.
History (2)
- Acts 1985, ch. 473, § 1
- 1986, ch. 510, § 1.
§ 13-23-302. Part definitions. - As used in this part, unless the context otherwise requires:
- (1) “Loan fund pool” means appropriations by the state and any appropriations, reserves or dedications of any funds by any county which desires to participate in the homebuyers' revolving loan fund pool;
- (2) “Local portion” means funds appropriated, reserved or dedicated by any county to fund its respective local portion of the loan fund pool;
- (3) “Low income and moderate persons” means qualified persons or families who lack the amount of income which is necessary, as determined by THDA, to enable them, without low interest financial assistance, to live in decent, safe and sanitary dwellings without overcrowding;
- (4) “Qualifying matching share” means funds from any source, other than funds appropriated, reserved or dedicated by the state or any county to specifically fund the state or any local portion, which are used to fund the amount of any loan not funded by the loan fund pool;
- (5) “State portion” means funds appropriated by the state to fund the state portion of the loan fund pool; and
- (6) “Substantial rehabilitation” means that improvements are made to residential real property exceeding thirty-five percent (35%) of the proposed market value of the structure after rehabilitation.
History (2)
- Acts 1985, ch. 473, § 2
- 1986, ch. 510, § 2.
§ 13-23-303. Initial capitalization funds — Surcharge. - (a) Funds for the initial capitalization of the loan fund pool created by this part shall be used for loans to qualified low and moderate income persons and shall derive from the following sources in the following distribution, and payable at the rate of interest, if any, as herein provided:
- (1) State portion — Seventy percent (70%) of the loan fund pool shall consist of a two million five hundred thousand dollar ($2,500,000) appropriation for the state portion established by this part; and
- (2) Local portion — Thirty percent (30%) of the loan fund pool shall derive from appropriations, reserves or dedications by any county where the property is located which has agreed to participate in the project. Any county desiring to participate in the loan fund pool shall appropriate, reserve or dedicate revenues to fund its respective local portion prior to its acceptance by THDA to participate in the loan fund pool created by this part.
- (b)
- (1) Any county so participating may, by ordinance or resolution, levy a surcharge of one dollar ($1.00) per residential permit and five dollars ($5.00) per commercial permit issued by the county agency or department of codes administration.
- (2) Such surcharge may be levied on construction, plumbing, electrical, mechanical, moving, demolition, sign, use and occupancy, sand and gravel extraction, extension, trailer space and mobile home space, curb cut, driveway entrances and exits, sidewalks, automatic sprinklers, standpipes, and excavation and grading permits, as well as any other permit which may be issued by the county agency or department of codes administration.
- (3) All surcharges collected pursuant to this subsection (b) shall be reserved, dedicated, or appropriated to fund, in whole or in part, the local portion of the homebuyers' revolving loan fund program.
- (4) If state portion funds are not available, then surcharges collected pursuant to this subsection (b) may be used as the sole source for funding the county's homebuyers' revolving loan fund program or may be used in combination with such other funding sources as may be available.
- (5) This subsection (b) applies only to counties of the first and second classes as classified in § 8-24-101; and to counties having a population of:
-
-
- 21,57521,675
- 37,00037,100
-
- according to the 1980 federal census or any subsequent federal census.
History (4)
- Acts 1985, ch. 473, § 3
- 1986, ch. 510, § 3
- 1987, ch. 367, §§ 1-3
- 1999, ch. 68, § 1.
§ 13-23-304. Qualifying matching share funding. - (a) Funding for any qualifying matching share shall derive from any source, public or private, other than appropriations, reserves or dedications utilized to fund the state and local portions of the loan fund pool.
- (b) The interest rate charged to the borrower of such funds shall not exceed the prevailing market rate of interest for residential mortgages and shall not be less than a rate which will produce a blended mortgage interest rate of three percent (3%) applicable to the total loan amount.
History (2)
- Acts 1985, ch. 473, § 4
- 1986, ch. 510, § 4.
§ 13-23-305. Loan limitations. - (a) The amount of any loan to any borrower made by the loan fund pool created by this part shall not exceed sixty-five percent (65%) of the total loan amount, plus any permissible closing costs eligible for financing.
- (b) Loan agreements for repayment under this part shall not exceed thirty (30) years.
History (2)
- Acts 1985, ch. 473, § 5
- 1986, ch. 510, § 5.
§ 13-23-306. Application to participate. - (a) A county which desires to participate in the loan fund pool established by this part shall file with THDA, in the manner prescribed by THDA, its intent to participate and the extent of its financial participation within ninety (90) days following March 5, 1986, in order to be eligible to participate in the loan fund pool during its first twelve-months of operation. THDA shall promulgate rules and regulations governing filings in subsequent twelve-month periods of operation.
- (b) The THDA shall accept only one (1) application to establish a loan fund pool per county.
- (c) In the absence of an application by any county, an incorporated municipality located within such county may file an individual or, with other municipalities in the county, a joint application, but only with such county's sponsorship.
History (2)
- Acts 1985, ch. 473, § 6
- 1986, ch. 510, § 6.
§ 13-23-307. Rules and regulations — Reports. - (a) THDA shall promulgate rules and regulations which guarantee equitable distribution of state appropriations for the homebuyers' revolving loan fund projects throughout the state, based upon the unmet housing needs of both rural and urban communities. However, this provision does not apply to funds appropriated pursuant to § 13-23-312.
- (b) THDA shall promulgate necessary rules and regulations to accomplish the effect and intent of this part in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
- (c) THDA is required to make annual status reports on the homebuyers' revolving loan fund pool activities to the governor and general assembly.
History (2)
- Acts 1985, ch. 473, §§ 7, 11
- 1986, ch. 510, §§ 7, 11.
§ 13-23-308. Administration of program — Deposits — Disposition of funds. - (a) Any county may administer its own program under this part with THDA oversight.
- (b) All funding for state and local portions shall be deposited in an accredited financial institution located within such administrating county and used for the purposes of this part.
History (2)
- Acts 1985, ch. 473, § 8
- 1986, ch. 510, § 8.
§ 13-23-309. Persons to benefit from loans — Interest. - (a) Any loans to borrowers, including interest earned on investment of repayments of such loans, by any participating county, shall be used to benefit low and moderate income individuals or families residing within such county during its participation in the loan fund pool. All such interest repayments shall be added to the loan fund pool and deposited in the local financial depository designated by the administrating county or with THDA in cases where local counties opt for THDA administration of their respective loan fund pools.
- (b) Interest earned on investment of repayments of the local portion of the loan fund pool shall be allocated solely to the county from which such portion is derived, and such interest earnings shall be included in determining the respective amount of the local portion required under § 13-23-303(a)(2) in any year following the initial year of such county's participation.
History (2)
- Acts 1985, ch. 473, § 9
- 1986, ch. 510, § 9.
§ 13-23-310. Termination of participation. - Any county may opt to terminate its participation in the loan fund pool by giving at least three (3) months' notice to THDA prior to the expiration of any twelve-month term of operation of the loan fund pool. Any such termination is without prejudice as regards participation of such terminating county in any subsequent twelve-month term of the loan fund pool. However, such terminating county's allocation of interest earnings on repayments reverts to the loan fund pool and shall be utilized for the purposes described in this part. Acceptance of any new application by such terminating county during any subsequent twelve-month term of operation of the loan fund pool is not deemed to be a forgiveness of the interest forfeiture mandated by this section.
History (2)
- Acts 1985, ch. 473, § 10
- 1986, ch. 510, § 10.
§ 13-23-311. Appropriation of state's funding portion. - Funding for the state portion of the loan fund pool established by this part is subject to funds appropriated for this purpose in the general appropriations act.
History (2)
- Acts 1985, ch. 473, § 12
- 1986, ch. 510, § 13.
§ 13-23-312. State allocations for pilot demonstration and statewide programs — Local government funding. - (a) The state shall allocate two million five hundred thousand dollars ($2,500,000) in fiscal year 1985-1986 to fund a pilot demonstration program in any county having a population of more than seven hundred thousand (700,000), according to the 1980 federal census or any subsequent federal census. Under the pilot demonstration, appropriate operational rules and procedures shall be developed and tested and appropriate documentation provided to the general assembly to evaluate the effectiveness of the program.
- (b) Subsequent allocations under this part to provide for expansion as a statewide program shall be based upon the results of the demonstration program as herein established, shall be reviewed annually, and shall be modeled after the rules and procedures as established under the pilot demonstration. To the extent that subsequent allocations from the state are made available under this part for housing assistance to very low and low income households, then such allocation is subject to funding provided through the housing program fund established in title 13, chapter 23, part 4, and in accordance with the rules and regulations promulgated by the agency, pursuant thereto.
- (c) Local participating governments may establish a loan fund endowment in connection with the homebuyers' revolving loan program, and may charge up to five dollars ($5.00) per month for the term of the loan as a participation fee in lieu of interest on loans made to qualified buyers. All proceeds from a loan fund endowment shall be used to support the revolving loan fund and may be used as local matching funds as required under this part.
- (d) A local participating government may make “in-kind” contributions toward its matching share, not to exceed ten percent (10%) of the total match required. Such in-kind match shall include, but not be limited to, personnel costs, program support costs, such as accounting, audit, purchasing services, and other costs as established by a cost allocation plan which directly supports program operations.
- (e) A local participating government may use up to ten percent (10%) of its matching cash contribution for administrative purposes to be based either upon a cost allocation plan or upon actual expenditure basis.
History (2)
- Acts 1986, ch. 510, § 12
- 1988, ch. 900, § 9.
Part 4 Housing Funds § 13-23-401. Assets fund. - (a) There is hereby created and established a segregated fund on the books of the agency to be known as the “assets fund.” This assets fund will consist of all funds of the agency which are not necessary to support the bond and note obligations of the agency and which can be withdrawn from the specific funds of the various bond resolutions of the agency, as provided under the requirements of the resolutions, and investment income from such funds. Such assets fund shall remain a general asset of the agency. From time to time, but at least annually, the assets fund will be evaluated by the bond finance committee of the agency with regard to liquidity, tax law requirements, and additional security for the agency's obligations. After such evaluation, all available investment income and appropriate principal can be transferred to the housing program fund and the housing program reserve fund created elsewhere in this part. Funds in the assets fund shall be used only for the following purposes:
- (1) To invest in all legal investments allowed under state law and the bond resolution to satisfy the agency's obligations of bond and noteholders;
- (2) To support the existing rental rehabilitation program which is supported by federal funds administered by the agency;
- (3) For construction loans for housing as otherwise authorized in this part; provided, that such loans pay interest at a rate comparable to earnings on other permitted investments; and
- (4) As a reserve to support the bond and loan programs of the Tennessee industrial finance corporation, created pursuant to title 4, chapter 17, part 4 [repealed].
- (b) It is the legislative intent that these funds not be depleted through any program of grants or subsidies. Furthermore, these funds shall not be commingled with the proceeds of any bond issue of the agency which are required to be held by the trustee.
- (c) The board of directors of the agency may withdraw such funds from the assets fund as it deems necessary.
- (d) Notwithstanding this section to the contrary, at year end of the fiscal year ending June 30, 1998, an amount not to exceed sixty-five million dollars ($65,000,000) of the unexpended balance of the funds in the assets fund may, at the discretion of the commissioner of finance and administration, be transferred to the state general fund. It is hereby declared to be the legislative intent that the transfer authorized herein shall be mitigated to the fullest extent possible pursuant to the applicable provisions contained in the general appropriations act for the year ending June 30, 1998.
- (e) Beginning in the fiscal year beginning July 1, 1998, funds received by the agency pursuant to former § 13-23-402(a)(2) and (3) in excess of ten million dollars ($10,000,000) each fiscal year shall be transferred to the assets fund until the assets fund has a fiscal year end balance of fifty million dollars ($50,000,000). Thereafter, no such funds shall be transferred to the assets fund but shall be applied in accordance with § 13-23-403.
History (3)
- Acts 1988, ch. 900, § 10
- 1997, ch. 537, § 1
- 1998, ch. 724, § 1.
§ 13-23-402. Creation of housing program fund — Reallocation of revenues. - (a) There is hereby created and established a housing program fund to be administered by the agency and to consist of the following:
- (1) Moneys transferred from the assets fund; and
- (2) Such allocation of federal block grant or other federal funds as may be available and properly directed for housing programs.
- (b) Notwithstanding subsection (a), for the fiscal year ending June 30, 1997, all allocations of tax revenues directed to the agency by former subdivisions (a)(2) and (3) in excess of six million dollars ($6,000,000) shall be reallocated to the state general fund; and, notwithstanding subsection (a), for the fiscal year ending June 30, 1998, all allocations of tax revenues directed to the agency by former subdivisions (a)(2) and (3) in excess of nine million dollars ($9,000,000) shall be reallocated to the state general fund. Thereafter, no such reallocation shall be made.
- (c) Notwithstanding subsections (a) and (b), or any other provision of law to the contrary, for a period of one (1) year beginning with the fiscal year starting July 1, 1999, all allocations of tax revenues directed to the agency by former subdivisions (a)(2) and (3) shall be reallocated to the state general fund.
History (6)
- Acts 1988, ch. 900, § 10
- 1991, ch. 211, § 1
- 1997, ch. 537, § 2
- 1998, ch. 816, § 1
- 1999, ch. 411, § 1
- 2000, ch. 983, § 1.
§ 13-23-403. Allocations from housing program fund. - (a) Moneys in the housing program fund shall be allocated by the agency for the following purposes:
- (1) To fund the operating and administrative costs of the agency;
- (2) To pay certain expenses of bond issues and to support future bond issues by making additions to the loan funds, in order to make loans at a lower interest rate for targeted low income and special need groups, when determined appropriate by the bond finance committee and approved by the board;
- (3) To make grants to local housing programs administered by eligible political subdivisions subject to one-to-one matching funds provided by each participant during the initial phase of the allocation process administered by the agency. The agency may prescribe the manner in which such grant funds are to be allocated to local housing programs, considering such factors as population, the adequacy of the existing housing stock to serve very low and low income households, and such other factors as may be deemed reasonable and appropriate by the agency. The agency shall establish a minimum grant amount to ensure that a viable housing program can be established by each eligible local housing program. In counties under one hundred thousand (100,000) in population, the agency may limit participation to one (1) local housing program; and
- (4) To the extent that funds still remain in the housing program fund after all eligible political subdivisions applying have been awarded grants, the agency may utilize any such remaining funds for demonstration housing projects on the basis of such competitive factors as level of income to be served, cost of the housing relative to average costs in the applicable area, amount of leveraging of public and private funds, amount of local match, if any, and innovative aspects of the project, except that funds accruing prior to fiscal year end but not reported to the department of revenue until the beginning of the next fiscal year can be used to fund projects submitted during the fiscal year.
- (b) Special consideration shall also be given to projects to be administered by qualified not-for-profit corporations in areas of the state which would otherwise go unserved by the state's housing program fund.
- (c) It is further provided that grants provided to local programs under subdivisions (a)(3) and (4) shall not be pledged as support for tax exempt borrowing by such local programs, but must be used to directly subsidize the cost of providing housing to very low and low income households.
History (7)
- Acts 1988, ch. 900, § 10
- 1990, ch. 979, § 2
- 1991, ch. 466, §§ 4, 5
- 1995, ch. 533, §§ 2, 3
- 1997, ch. 537, §§ 3, 4
- 1998, ch. 724, § 2
- 2013, ch. 198, § 1.
§ 13-23-404. Housing program reserve fund — Pilot program. - (a) There is hereby created and established a housing program reserve fund to be administered by the agency, which will consist of moneys transferred from the housing program fund and the assets fund as set out in this part. No funds in the housing program reserve fund may revert to the state general fund, but shall remain available for the purposes set out in this part. Funds in the housing program reserve fund shall be invested in any investments permitted under state law, and the income from such investments is to be transferred to the housing program fund at least annually.
- (b) Notwithstanding subsection (a), in the fiscal year ending June 30, 1995, fifteen million dollars ($15,000,000) of the unexpended balance of the funds in the housing program reserve funds shall be transferred to the general fund.
- (c) Up to two million dollars ($2,000,000) per year may be transferred from the housing program reserve fund to the housing program fund for the purposes specified in § 13-23-403(a). Any such transfer must first be approved by the bond finance committee and the board, and such approvals must be based on a determination that such transfer is necessary to sustain the current funding levels of the grant programs of the agency, or that such transfer is necessary to accomplish a special program targeted to low income and/or special needs groups. No such funds transferred shall be used to finance or fund any multifamily rental projects. Any funds transferred pursuant to this subsection (c) shall not be subject to the requirements of former § 13-23-403(a)(2) [deleted]. In addition to the purposes specified in § 13-23-403(a), the transfer authorized in this subsection (c) is subject to the further limitation that it may be used only to support a pilot project to create, revitalize and preserve neighborhoods in up to three (3) urban areas and up to three (3) rural areas of the state. The pilot program shall exist only for three (3) years, through the end of the 1998-1999 fiscal year. The board shall report annually to the general assembly on the progress and success of the pilot program.
- (d) Notwithstanding subsection (a), at year end of the fiscal year ending June 30, 1998, all of the unexpended balance of funds in the housing program reserve fund shall be transferred to the state general fund. Once these funds have been transferred, the housing program reserve fund shall be abolished and this section shall be repealed.
History (4)
- Acts 1988, ch. 900, § 10
- 1995, ch. 450, § 1
- 1995, ch. 533, § 1
- 1997, ch. 537, § 5.
§ 13-23-405. Local housing programs and funds. - (a) Local housing programs may be established by any eligible political subdivision, as defined by § 13-23-103, except that for programs authorized by § 13-23-403(a)(4), an eligible political subdivision does include a municipality in a county which has applied for such program, or any local agency thereof which may be authorized to operate such programs pursuant to ordinance or resolution of the applicable legislative body. Such programs shall exist for the exclusive purpose of increasing the availability of adequate housing for very low, low and moderate income households, and may include new construction of housing units, rehabilitation of existing housing units and conversion of existing publicly owned or donated structures. When funds from the Tennessee housing development agency are being used by local housing programs to provide assistance, then the projects or activities shall comply with applicable rules and regulations of the agency.
- (b) Local matching funds may be made available to the local housing program by the legislative body of the eligible political subdivision.
History (2)
- Acts 1988, ch. 900, § 10
- 1991, ch. 466, § 3.
§ 13-23-406. Assistance to local housing programs. - In order to assist the local housing programs authorized pursuant to this part, the agency is authorized to:
- (1) Provide technical assistance to local programs;
- (2) Develop demonstration projects for serving very low, low and moderate income persons and families;
- (3) Encourage cost effective designs of very low, low and moderate income housing;
- (4) Provide rehabilitation and construction financing from the assets fund and the housing program reserve fund at rates consistent with this chapter;
- (5) Give priority for mortgage funds made available through the mortgage revenue bonds of the agency, to housing developed by local housing programs;
- (6) In conjunction with the department of correction, implement mutually beneficial housing assistance programs for development of additional housing for very low, low and moderate income households under this part, utilizing inmates and other vocational training resources; and
- (7) In conjunction with the department of economic and community development, support the funding of applications for community development block grants for housing submitted by eligible applicants for eligible projects.
History (1)
- Acts 1988, ch. 900, § 10.
§ 13-23-407. Provisions controlling. - Insofar as this part is inconsistent with any other law, general, special, or local, this part is controlling.
History (1)
- Acts 1988, ch. 900, § 11.
Part 5 Housing Trust Fund § 13-23-501. Establishment — Purpose. - (a) Any unit or units of local government, upon recommendation of the chief executive officer of the unit, may establish a housing trust fund, hereinafter referred to as the “fund”, for the purposes set out in this part, to be administered by an entity approved by the participating unit or units of local government, such as a community foundation, a housing partnership, or a housing development agency, hereinafter referred to as “the approved entity”, in accordance with this part. The cost of administering the fund shall be borne out of the fund itself, consistent with the initial plan approved by the participating unit or units of local government.
- (b) The fund provided by this part shall be used to provide low income persons with safe and affordable housing. Proceeds from the fund shall be loaned, or grants made available, for programs to include, but not be limited to, the following:
- (1) Funding nonprofit housing development corporations to develop affordable low income housing. Funds may be used to support projects where a nonprofit entity acts as a general partner for a limited partnership, as a sole developer, or as a joint venture investor. Projects may be affordable rental housing, property developed for resale to low income buyers, or rent to own programs;
- (2) Funding ongoing existing housing programs which have been established to assist low income households; and
- (3) Funding soft costs, such as housing counseling, predevelopment costs, and administrative costs of nonprofit entities related to low income housing development.
§ 13-23-502. Part definitions. - As used in this part, unless the context otherwise requires:
- (1) “Housing trust fund” means a fund consisting of appropriations, reserves or dedications of any revenues except pension or retirement funds by a participating unit or units of local government, together with private and foundation sources of funds, all used for providing low income persons with safe and affordable housing;
- (2) “Low income” means qualified persons or families who lack the amount of income which is necessary, as determined by the approved entity, to enable them without low interest financial assistance, to live in decent, safe and affordable dwellings without overcrowding; and
- (3) “Unit or units of local government” means any city or county, separately or together, that sets up a program to establish a housing trust fund.
§ 13-23-503. Use of loans or grants — Disposition of funds. - (a) Any loans or grants from the fund to applicants, including interest earned on investment or repayments of such loans, shall be used to benefit low income individuals or families residing within the participating unit or units of local government.
- (b) All funds received for the purposes herein provided and all such interest repayments shall be added to the fund and deposited in accredited financial institutions located within the participating unit or units of local government by the approved entity administering the fund.
- (c) Such funds shall be deposited in a separate account earmarked to be used solely for programs established through and included in the housing trust fund pursuant to this part.
§ 13-23-505. Special escrow account — Revenue sources. - (a) Any participating unit of local government may create a special escrow account earmarked for the sole purpose of generating revenue to transfer to the housing trust fund.
- (b) Notwithstanding any other provision of law to the contrary, a participating unit of local government may specifically authorize that any revenue source, except pension or retirement funds over which the unit of local government has authority to levy and collect, may be used to provide endowment and contributions to the housing trust fund, either directly or through deposit in the special escrow account, and then by transfer to the housing trust fund.
§ 13-23-506. Applicability of part. - This part shall only apply in counties having a population of not less than three hundred nineteen thousand six hundred twenty-five (319,625) nor more than three hundred nineteen thousand seven hundred twenty-five (319,725), according to the 1980 federal census or any subsequent federal census.
Chapter 24 Zoning Classifications Part 1 Residences of Persons With Disabilities § 13-24-101. Purpose — Meaning of “person with a disability.” - (a) It is the purpose of this part to remove any zoning obstacles which prevent persons with a disability from living in normal residential surroundings.
- (b) As used in this part, “person with a disability” does not include persons who have a mental illness and, because of such mental illness, pose a likelihood of serious harm as defined in § 33-6-501, or who have been convicted of serious criminal conduct related to such mental illness.
History (6)
- Acts 1978, ch. 863, § 1
- 1979, ch. 361, §§ 1, 3
- T.C.A., § 13-2401
- Acts 2000, ch. 947, §§ 8B, 8C
- 2011, ch. 47, §§ 8, 9
- 2011, ch. 158, § 8.
§ 13-24-102. Homes in which persons with disabilities reside classified as single family residence. - For the purposes of any zoning law in Tennessee, the classification “single family residence” includes any home in which eight (8) or fewer unrelated persons with disabilities reside, and may include three (3) additional persons acting as support staff or guardians, who need not be related to each other or to any of the persons with disabilities residing in the home.
History (6)
- Acts 1978, ch. 863, § 2
- 1979, ch. 361, § 2
- T.C.A., § 13-2402
- Acts 1999, ch. 204, § 1
- 2011, ch. 47, § 10
- 2011, ch. 158, § 9.
§ 13-24-103. Precedence over other laws. - This part takes precedence over any provision in any zoning law or ordinance in Tennessee to the contrary.
History (2)
- Acts 1978, ch. 863, § 2
- T.C.A., § 13-2403.
Part 2 Manufactured Residential Dwellings § 13-24-201. Exclusion of manufactured residential dwellings prohibited — Exceptions. - (a) Notwithstanding any provision of the law to the contrary, no power or authority granted by this code to regulate zoning or land use planning shall be used to exclude the placement of a residential dwelling on land designated for residential use solely because the dwelling is partially or completely constructed in a manufacturing facility.
- (b) “Residential dwelling,” as used in this part, does not apply to factory-manufactured mobile homes constructed as a single self-contained unit and mounted on a single chassis, and as further defined in § 68-126-202(2), (4) and [former] (7), nor shall this chapter have any effect whatsoever upon any zoning or other regulations whether state or local concerning such factory-manufactured mobile homes as herein defined.
Part 3 Utility Location § 13-24-302. Facilities included. - Such facilities include those essential to the provision of telephone and telegraph services such as central office exchanges and microwave towers which require a specific location in order to provide the most efficient service to the public.
§ 13-24-303. Regulations allowed. - The exclusion of location from local regulation does not preclude the exercise of reasonable municipal and county police powers including, but not limited to, permit requirements, landscaping, off-street parking or set-back lines as an exercise of police powers.
§ 13-24-305. Limits on regulation of wireless telecommunications support structures. - In regulating the placement of a wireless telecommunications support structure, an authority may not:
- (1) Regulate the placement of an antenna or related equipment for an existing wireless telecommunications support structure; provided, however, that, if the placement of an antenna on an existing wireless telecommunications support structure requires an extension, such placement may be regulated, if such extension would require the wireless telecommunications support structure to have lighting or if such extension exceeds the height limitation of the authority. If a co-location occurs, such co-location may not be considered an expansion, and the appropriate authority may not impose additional costs or operating restrictions on the applicant for such co-location, unless such support structure is owned by the authority;
- (2) Require the applicant to provide any sort of justification for radio frequency need; or
- (3) Act to prohibit or have the effect of prohibiting the provision of personal wireless services.
Part 4 Competitive Wireless Broadband Investment, Deployment, and Safety Act of 2018 § 13-24-401. Short title. - This part shall be known and may be cited as the “Competitive Wireless Broadband Investment, Deployment, and Safety Act of 2018.”
§ 13-24-402. Part definitions. - As used in this part:
- (1) “Aesthetic plan” means a publicly available written resolution, regulation, policy, site plan, or approved plat that:
- (A) Establishes generally applicable aesthetic requirements within the authority or designated area within the authority; and
- (B) Does not unreasonably discriminate among providers of functionally equivalent services;
- (2) “Applicant” means any person who submits an application pursuant to this part;
- (3) “Application” means a request submitted by an applicant to an authority:
- (A) For a permit to deploy or colocate small wireless facilities in the ROW; or
- (B) To approve the installation or modification of a PSS associated with deployment or colocation of small wireless facilities in the ROW;
- (4)
- (A) “Authority” means:
- (i) Within a municipal boundary, the municipality, regardless of whether such municipality is a metropolitan government;
- (ii) Within a county and outside a municipal boundary, the county; or
- (iii) Upon state-owned property, the state;
- (B) “Authority” does not include a government-owned electric, gas, water, or wastewater utility that is a division of, or affiliated with, a municipality, metropolitan government, or county for any purpose of this part, and the decision of the utility regarding a request to attach to or modify the plant, facilities, or equipment owned by the utility shall not be governed by this part;
- (5) “Authority-owned PSS” means a PSS owned by an authority but does not include a PSS owned by a distributor of electric power, regardless of whether an electric distributor is investor-owned, cooperatively-owned, or government-owned;
- (6) “Colocate,” “colocating”, and “colocation” mean, in their respective noun and verb forms, to install, mount, maintain, modify, operate, or replace small wireless facilities on, adjacent to, or related to a PSS. “Colocation” does not include the installation of a new PSS or replacement of authority-owned PSS;
- (7) “Communications facility” means the set of equipment and network components, including wires and cables and associated facilities, used by a communications service provider to provide communications service;
- (8) “Communications service” means cable service as defined in 47 U.S.C. § 522(6), telecommunications service as defined in 47 U.S.C. § 153(53), information service as defined in 47 U.S.C. § 153(24) or wireless service;
- (9) “Communications service provider” means a cable operator as defined in 47 U.S.C. § 522(5), a telecommunications carrier as defined in 47 U.S.C. § 153(51), a provider of information service as defined in 47 U.S.C. § 153(24), a video service provider as defined in § 7-59-303, or a wireless provider;
- (10) “Fee” means a one-time, nonrecurring charge;
- (11) “Historic district” means a property or area zoned as a historic district or zone pursuant to § 13-7-404;
- (12) “Local authority” means an authority that is either a municipality, regardless of whether the municipality is a metropolitan government, or a county, and does not include an authority that is the state;
- (13) “Micro wireless facility” means a small wireless facility that:
- (A) Does not exceed twenty-four inches (24″) in length, fifteen inches (15″) in width, and twelve inches (12″) in height; and
- (B) The exterior antenna, if any, does not exceed eleven inches (11″) in length;
- (14) “Person” means an individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, including an authority;
- (15) “Potential support structure for a small wireless facility” or “PSS” means a pole or other structure used for wireline communications, electric distribution, lighting, traffic control, signage, or a similar function, including poles installed solely for the colocation of a small wireless facility. When “PSS” is modified by the term “new,” then “new PSS” means a PSS that does not exist at the time the application is submitted, including, but not limited to, a PSS that will replace an existing pole. The fact that a structure is a PSS does not alone authorize an applicant to colocate on, modify, or replace the PSS until an application is approved and all requirements are satisfied pursuant to this part;
- (16) “Rate” means a recurring charge;
- (17) “Residential neighborhood” means an area within a local authority's geographic boundary that is zoned or otherwise designated by the local authority for general purposes as an area primarily used for single-family residences and does not include multiple commercial properties and is subject to speed limits and traffic controls consistent with residential areas;
- (18) “Right-of-way” or “ROW” means the space, in, upon, above, along, across, and over all public streets, highways, avenues, roads, alleys, sidewalks, tunnels, viaducts, bridges, skywalks under the control of the authority, and any unrestricted public utility easement established, dedicated, platted, improved, or devoted for utility purposes and accepted as such public utility easement by the authority, but excluding lands other than streets that are owned by the authority;
- (19)
- (A) “Small wireless facility” means a wireless facility with:
- (i) Each antenna being able to fit within an enclosure of no more than three (3) cubic feet in volume; and
- (ii) Other wireless equipment in addition to the antenna that is cumulatively no more than twenty-eight (28) cubic feet in volume, regardless of whether the facility is ground-mounted or pole-mounted. For purposes of this subdivision (19)(A)(ii), “other wireless equipment” does not include concealment elements in the volume calculation; and
- (B) “Small wireless facility” includes a micro wireless facility;
- (20)
- (A) “Wireless facility” means equipment at a fixed location that enables wireless communications between user equipment and a communications network, including:
- (i) Equipment associated with wireless communications; and
- (ii) Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration;
- (B) “Wireless facility” does not include:
- (i) The structure or improvements on, under, or within which the equipment is colocated;
- (ii) Wireline backhaul facilities; or
- (iii) Coaxial or fiber-optic cable that is between wireless structures or utility poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna; and
- (C) “Wireless facility” includes small wireless facilities;
- (21) “Wireless provider” means a person who provides wireless service;
- (22) “Wireless services” means any service using licensed or unlicensed spectrum, including the use of WiFi, whether at a fixed location or mobile, provided to the public; and
- (23) “Wireline backhaul facility” means a communications facility used to transport communications services by wire from a wireless facility to a network.
History (2)
- Acts 2018, ch. 819, § 1
- 2022, ch. 799, §§ 1, 2.
§ 13-24-403. Construction and applicability of part. - (a) This part shall be construed to maximize investment in wireless connectivity across the state by creating a uniform and predictable framework that limits local obstacles to deployment of small wireless facilities in the ROW and to encourage, where feasible, shared use of public infrastructure and colocation in a manner that is the most technology neutral and nondiscriminatory.
- (b) This part does not apply to:
- (1) Deployment of infrastructure outside of the ROW; or
- (2) Taller towers or monopoles traditionally used to provide wireless services that are governed by §§ 13-24-304 and 13-24-305.
§ 13-24-404. Local option and local preemption. - (a) Nothing in this part requires any local authority to promulgate any limits, permitting requirements, zoning requirements, approval policies, or any process to obtain permission to deploy small wireless facilities. However, any local authority that promulgates limits, permitting requirements, zoning requirements, approval policies, or processes relative to deployment of small wireless facilities shall not impose limits, requirements, policies, or processes that are:
- (1) More restrictive than requirements, policies, or processes set forth in this part;
- (2) In excess of that which is granted by this part; or
- (3) Otherwise in conflict with this part.
- (b) Any local authority limits, requirements, policies, or processes that are more restrictive, in conflict with, or in excess of that which is granted by this part are void, regardless of the date on which the requirement, policy, or process was enacted or became law.
- (c) For colocation of small wireless facilities in the ROW that is within the jurisdiction of a local authority that does not require an application and does not require work permits for deployment of infrastructure within the ROW, an applicant shall provide notice of the colocation by providing the materials set forth in § 13-24-409(g) to the office of the county mayor and the chief administrative officer of the county highway department, if the colocation is in the unincorporated area, or the city, if the colocation is in an incorporated area.
§ 13-24-405. Existing law unaffected. - This part does not:
- (1) Create regulatory jurisdiction for any subdivision of the state regarding communications services that does not exist under applicable law, regardless of the technology used to deliver the services;
- (2) Restrict access granted by § 65-21-201 or expand access authorized under § 54-16-112;
- (3) Authorize the creation of local taxation in the form of ROW taxes, rates, or fees that exceed the cost-based fees authorized under existing law, except that the specific fees or rates established pursuant to this part do not exceed cost;
- (4) Alter or exempt any entity from the franchising requirements for providing video services or cable services set forth in title 7, chapter 59;
- (5) Apply to any segment of the statewide P25 interoperable communications system governed by § 4-3-2018;
- (6) Alter the requirements or exempt any entity from the requirements to relocate facilities, including any PSS, small wireless facility, or other related infrastructure, to the same extent as any facility pursuant to title 54, chapter 5, part 8, or other similar generally applicable requirement imposed on entities who deploy infrastructure in ROW;
- (7) Prohibit a local authority from the nondiscriminatory enforcement of breakaway sign post requirements and safety restrictions generally imposed for all structures within a ROW;
- (8) Prohibit a local authority from the nondiscriminatory enforcement of vegetation control requirements that are imposed upon entities that deploy infrastructure in a ROW for the purpose of limiting the chances of damage or injury as a result of infrastructure that is obscured from view due to vegetation; or
- (9) Prohibit a local authority from the nondiscriminatory enforcement of generally applicable local rules regarding removal of unsafe, abandoned, or inoperable obstructions in a ROW.
§ 13-24-406. Prohibited activities. - (a) An authority shall not:
- (1) Enter into an exclusive arrangement with a person for use of a ROW for the construction, operation, marketing, or maintenance of small wireless facilities;
- (2) Discriminate by prohibiting an applicant from making an installation that is generally permitted when performed by other entities entitled to deploy infrastructure in a ROW or by imposing maintenance or repair obligations not generally applicable to all entities entitled to deploy infrastructure in a ROW;
- (3) Impose discriminatory prohibitions against deploying a new PSS for small wireless facilities in a ROW. Only requirements imposed generally to other entities entitled to deploy infrastructure in a ROW may be applied to prohibit an applicant's deployment of a new PSS in a ROW; or
- (4) Except as provided in this part or otherwise specifically authorized by state law, adopt or enforce regulations or requirements on the placement or operation of communications facilities in a ROW by a communications service provider authorized by state or local law to operate in a ROW; regulate communications services; or impose or collect a tax, fee, or charge for the provision of communications service over the communications service provider's communications facilities in a ROW.
- (b) With respect to aesthetic plans, this section does not prohibit an authority from reasonably differentiating among providers of functionally equivalent services.
History (2)
- Acts 2018, ch. 819, § 1
- 2022, ch. 799, § 3.
§ 13-24-407. Uniform local authority fees for deployment of small wireless facilities — Exceptions. - (a) The following are the maximum fees and rates that may be charged to an applicant by a local authority for deployment of a small wireless facility:
- (1) For small wireless facility colocations on existing or replacement PSSs, the maximum application fee is five hundred dollars ($500) for a single application of up to five (5) small wireless facilities and one hundred dollars ($100) each for additional small wireless facilities included in a single application. For a new PSS, other than a replacement PSS, together with the colocation of an associated small wireless facility, the maximum application fee is one thousand dollars ($1,000); and
- (2) The maximum annual rate for colocation of a small wireless facility on a local authority-owned PSS is two hundred seventy dollars ($270).
- (b) In addition to the maximum fees and rates described in subsection (a), a local authority shall not require applicants:
- (1) To pay fees or reimburse costs for the services or assistance provided to the authority by a consultant or third party retained by the authority relative to deployment of small wireless facilities; or
- (2) To file additional applications or permits for regular maintenance, replacement of, or repairs made to an applicant's own facilities. In no event shall replacement of a PSS constitute regular maintenance.
- (c) This section does not prohibit an authority from requiring generally applicable work or traffic permits, or from collecting the same applicable fees for such permits, for deployment of a small wireless facility or new PSS as long as the work or traffic permits are issued and associated fees are charged on the same basis as other construction activity in a ROW.
- (d) This section does not prohibit an authority from retaining any consultant or third party when the fees and costs for the consultant or third party are paid by the authority, using the authority's own funds, rather than requiring applicants to reimburse or pay for the consultants or third parties.
- (e)
- (1) Except for the application fees, permit fees, and colocation rates set out in this section, no local authority shall require additional rates or fees of any kind, including, but not limited to, rental fees, access fees, or site license fees for the initial deployment or the continuing presence of a small wireless facility.
- (2) No local authority shall require approval, or any applications, fees, or rates, for:
- (A) Routine maintenance of a small wireless facility, which maintenance does not require the installation of a new PSS or the replacement of a PSS;
- (B) The replacement of a small wireless facility with another small wireless facility that is the same size or smaller than the size conditions set out in the definition of “small wireless facility” in § 13-24-402; or
- (C) The installation, placement, maintenance, operation, or replacement of a micro wireless facility that is suspended on cables that are strung between existing PSSs, in compliance with the National Electrical Safety Code as set out in § 68-101-104.
- (3) No local authority shall require execution of any access agreement or site license agreement as a condition of deployment of a small wireless facility in a ROW.
- (4) A local authority shall not directly or indirectly require an applicant to perform services for the authority or provide goods to the authority such as in-kind contributions to the authority, including, but not limited to, reserving fiber, conduit, or pole space for the authority in exchange for deployment of small wireless facilities. The prohibition in this subdivision (e)(4) does not preclude the approval of an application to colocate a small cell in which the applicant chooses, in its sole discretion, a design that accommodates other functions or attributes of benefit to the authority.
History (2)
- Acts 2018, ch. 819, § 1
- 2022, ch. 799, § 4.
§ 13-24-408. Uniform local authority requirements for deployment and maintenance of small wireless facilities — Exceptions. - (a)
- (1) A local authority shall not restrict the size, height, or otherwise regulate the appearance or placement of small wireless facilities, or prohibit colocation on PSSs, except a local authority shall require that:
- (A) A new PSS installed, or an existing PSS replaced, after April 8, 2022, in the ROW not exceed the greater of:
- (i) Ten percent (10%) taller than the tallest existing PSS in place as of April 8, 2022, that is located within five hundred feet (500′) of the new PSS in the ROW and, in residential neighborhoods, the tallest existing PSS that is located within five hundred feet (500′) of the new PSS and is also located within the same residential neighborhood as the new PSS in the ROW;
- (ii) Fifty feet (50′) above ground level; or
- (iii) For a PSS installed in a residential neighborhood, forty feet (40′) above ground level; and
- (B) Small wireless facilities deployed or replaced in the ROW after April 8, 2022, must not extend:
- (i) More than ten percent (10%) taller than an existing PSS in place as of April 8, 2022; or
- (ii) On a new PSS, ten percent (10%) taller than the height permitted for a new PSS under this section.
- (2) Nothing in this part applies to or restricts the ability of an electric distributor or its agent or designated party to change the height of a utility pole used for electric distribution, regardless of whether a small wireless facility is colocated on the utility pole. This section does not authorize a wireless provider to install or replace a PSS above the height restrictions in subdivision (a)(1)(A).
- (3) An applicant may construct, modify, and maintain a PSS or small wireless facility that exceeds the height limits set out in subdivision (a)(1) only if approved under the local authority's generally applicable zoning regulations that expressly allow for the taller structures or if approved pursuant to a zoning appeal.
- (b) A local authority may require an applicant to comply with a local authority's nondiscriminatory requirements for placing all electric, cable, and communications facilities underground in a designated area of a ROW if the local authority:
- (1) Has required all electric, communications, and cable facilities, other than authority-owned PSSs and attachments, to be placed underground prior to the date on which the application is submitted;
- (2) Does not prohibit the replacement of authority-owned PSSs in the designated area when the design for the new PSS meets the authority's design aesthetic plan for the area and all other applicable criteria provided for in this part; and
- (3) Permits applicants to seek a waiver of the underground requirements for the placement of a new PSS to support small wireless facilities and the approval or nonapproval of the waivers are decided in a nondiscriminatory manner.
- (c)
- (1) Except for facilities excluded from evaluation for effects on historic properties under 47 C.F.R. § 1.1307(a)(4) or any subsequently enacted similar regulations, a local authority may require reasonable, nondiscriminatory, and technology neutral design or concealment measures in a historic district if:
- (A) The design or concealment measures do not have the effect of prohibiting any applicant's technology or substantially reducing the functionality of the small wireless facility, and the local authority permits alternative design or concealment measures that are reasonably similar; and
- (B) The design or concealment measures are not considered a part of the small wireless facility for purposes of the size conditions contained in the definition of “small wireless facility” in § 13-24-402.
- (2) Nothing in this section limits a local authority's enforcement of historic preservation zoning regulations consistent with the preservation of local zoning authority under 47 U.S.C. § 332(c)(7), the requirements for facility modifications under 47 U.S.C. § 1455(a), or the National Historic Preservation Act of 1966 (54 U.S.C. § 300101 et seq.), and the regulations adopted and amended from time to time to implement those laws.
- (d) No local authority shall require network design for small wireless facilities, including mandating the selection of any specific PSS or category of PSS to which an applicant must attach any part of its network. No local authority shall limit the placement of small wireless facilities by imposing minimum separation distances for small wireless facilities or the structures on which the facilities are colocated. The prohibitions in this subsection (d) do not preclude a local authority from providing general guidance regarding preferred designs or from requesting consideration of design alternatives in accordance with the process set forth in § 13-24-409(b).
- (e) A local authority may prohibit colocation on local authority-owned PSSs that are identified as PSSs the mast arms of which are routinely removed to accommodate frequent events, including, but not limited to, regularly scheduled street festivals or parades. To qualify for the exception set out in this subsection (e), an authority must publish a list of the PSSs on its website and may prohibit colocation only if the PSS has been designated and published as an exception prior to an application. A local authority may grant a waiver to allow colocation on a PSS designated under this subsection (e) if an applicant demonstrates that its design for colocation will not interfere with the operation of the PSS and otherwise meets all other requirements of this part.
- (f) An applicant may replace an existing local authority-owned PSS when colocating a small wireless facility. When replacing a PSS, any replacement PSS must reasonably conform to the design aesthetics of the PSS being replaced, and must continue to be capable of performing the same function in a comparable manner as it performed prior to replacement.
- (g) When replacing a local authority-owned PSS, the replacement PSS becomes the property of the local authority and maintenance and repair obligations are as follows:
- (1) For local authority-owned PSSs used for lighting, a local authority may require the applicant to provide lighting on the replacement PSS. Both the PSS and the lighting shall become the property of the local authority only upon completion of the local authority's inspection of the new PSS to ensure it is in working condition and that any lighting is equivalent to the quality and standards of the lighting on the PSS prior to replacement. After satisfactory inspection, the local authority's ownership shall include responsibility for electricity and ordinary maintenance, but the local authority shall not be responsible for electric power, maintenance or repair of the small wireless facility colocated on the local authority-owned PSS; and
- (2) When the applicant's design for replacing a local authority-owned PSS substantially alters the PSS, then the applicant shall indicate in its application whether the applicant will manage maintenance and repairs in case of damage or whether the applicant agrees that, if the PSS is damaged and requires repair, then the local authority may replace the PSS without regard to the alterations and require the applicant to perform any work necessary to remove or dispose of the small wireless facility. If the applicant assumes the responsibility for repair, then the applicant is entitled to a right of subrogation with regard to local authority insurance coverage or any recovery obtained from third parties liable for the damage.
- (h) A local authority may conduct periodic training sessions or seminars for the purpose of sharing local information relevant to deployment of small wireless facilities and best practices. Applicants must make a good faith effort to participate in the opportunities.
History (2)
- Acts 2018, ch. 819, § 1
- 2022, ch. 799, § 5.
§ 13-24-409. Uniform application procedures for local authorities. - (a) A local authority may require an applicant to seek permission by application to colocate a small wireless facility or install a new or modified PSS associated with a small wireless facility and obtain one (1) or more work permits, as long as the work permits are of general applicability and do not apply exclusively to wireless facilities.
- (b) If a local authority requires an applicant to seek permission pursuant to subsection (a), the authority must comply with the following:
- (1) A local authority shall allow an applicant to include up to twenty (20) small wireless facilities within a single application;
- (2) A local authority shall, within thirty (30) days of receiving an application, determine whether an application is complete and notify the applicant. If an application is incomplete, a local authority must specifically identify the missing information in writing when the applicant is notified;
- (3)
- (A) Within thirty (30) days of receiving an application, a local authority may notify an applicant of the need for a conference with the applicant to assist the local authority in understanding or evaluating the applicant's design with regard to one (1) or more small wireless facilities contained in its application;
- (B) For an application containing multiple small wireless facilities, the local authority shall specify the specific small wireless facilities for which conference is needed, and the sixty-day period for reviewing the application must be extended to seventy-five (75) days as provided in subdivision (b)(7);
- (C) The local authority is responsible for scheduling the conference and shall permit the applicant to attend telephonically. The seventy-five-day period is not tolled while the conference is scheduled unless the applicant agrees to an additional extension of the review period;
- (D) Issues that may be addressed by the conference include, but are not limited to:
- (i) Safety considerations not adequately addressed by the application or regarding which the local authority proposes additional safety-related alterations to the design;
- (ii) Potential of conflict with another applicant's application for the same or a nearby location;
- (iii) Impact of planned construction or other public works projects at or near the location identified by the application; and
- (iv) Alternative design options that may enable colocation on an existing PSS instead of deployment of a new PSS or opportunities and potential benefits of alternative design that would incorporate other features or elements of benefit to the local authority. However, the existence of alternatives does not constitute a basis for denial of an application that otherwise satisfies all generally applicable standards for construction in the ROW and the requirements established by this part;
- (4) A local authority shall process all applications on a nondiscriminatory basis;
- (5) Except when extension of the review period is allowed by this section, a local authority shall approve or deny all small wireless facilities within an application within sixty (60) days of receipt of the application. For those applications seeking permission to deploy or colocate multiple small wireless facilities, the local authority shall deny permission only as to those small wireless facilities for which the application does not demonstrate compliance with all generally applicable ROW standards imposed on entities entitled to place infrastructure in the ROW and the requirements established by this part. A local authority shall not deny permission solely on the basis that the small wireless facility was contained in the same application as other small wireless facilities that are not approved;
- (6) Any application or any portion of an application that is not approved or denied within sixty (60) days is deemed approved, unless the sixty-day period has been extended consistent with this section. If the period has been extended, then the date on which approval will be deemed to occur is also extended to the same date of the applicable extension;
- (7) Except as otherwise provided in this subdivision (b)(7), a local authority shall not extend the sixty-day period to provide for additional or supplemental review by additional departments or designees. The sixty (60) day review period may be tolled or extended only as follows:
- (A) The sixty-day period is tolled if a local authority sends notice to the applicant that the application is incomplete within thirty (30) days after the initial application is filed, but this tolling ceases once additional or supplemental information is provided to the local authority. If supplemental information is not received within thirty (30) days of the date on which notice of incompleteness is sent by the authority, then the application may be denied and a new application required;
- (B) The local authority and the applicant may mutually agree to toll the sixty-day period;
- (C) The sixty-day review period is extended to seventy-five (75) days upon timely notice by the authority of the need for a conference as provided in subdivision (b)(3), but the seventy-five-day period must not be further extended for applications under subdivision (b)(7)(D) or (b)(7)(E);
- (D) If an applicant submits applications to the same local authority seeking permission to deploy or colocate more than thirty (30), but fewer than fifty (50), small wireless facilities within any thirty-day period, then the local authority may upon notice to the applicant extend the sixty-day period for reviewing the applications to seventy-five (75) days, but the seventy-five-day period shall not be further extended for a conference as provided in subdivision (b)(7)(C);
- (E) If an applicant submits applications to the same local authority seeking permission to deploy or colocate fifty (50) or more small wireless facilities within any thirty-day period, then the local authority may, upon notice to the applicant, extend the period for reviewing the applications to ninety (90) days, but the ninety-day period must not be further extended for a conference as provided in subdivision (b)(7)(C);
- (F) If an applicant submits applications to the same local authority seeking permission to deploy or colocate more than one hundred twenty (120) small wireless facilities within any sixty-day period, then the local authority may issue notice to the applicant that the authority requires the applicant to select from the following two (2) options for high-volume applicants:
- (i) Pay a surcharge to maintain the same review time period that would be otherwise applicable. The surcharge is in addition to the ordinary application fee provided in § 13-24-407. The surcharge is one hundred dollars ($100) for each small wireless facility that the applicant elects to have reviewed using the otherwise applicable review period, and the applicant shall submit its list identifying the specific small wireless facilities it elects to have reviewed in the ordinarily applicable period with its surcharge payment within five (5) days of receiving the local authority's notice that applications have been received, triggering the election of either a surcharge or extension of the review time period described in (b)(7)(C), (b)(7)(D), or (b)(7)(E); or
- (ii) If no identifying list is provided or if payment of a surcharge is not made within the applicable time period, or, for those small wireless facilities not timely identified and for which no surcharge is timely paid, the ordinarily applicable review period shall be extended to one hundred-twenty (120) days;
- (G) If an applicant submits an application in which the proposed design will affect in any manner a regulatory sign, as defined by the Manual on Uniform Traffic Control Devices, or any sign subject to a requirement for breakaway supports, then the local authority may reject the application. If an application is rejected on that basis, however, the local authority shall permit the applicant to seek reconsideration of its design. If the applicant requests reconsideration, then the local authority shall provide the opportunity for the applicant to schedule a conference to discuss the local authority's specific concerns within thirty (30) days of the reconsideration request. The applicant must submit a revised design or otherwise respond to the local authority's concerns within thirty (30) days of the conference, and upon receipt of the revised design or response, the local authority shall approve or deny the application within sixty (60) days, and the local authority has complete discretion to approve or deny the application in a nondiscriminatory manner;
- (8) If a local authority denies an application, it shall provide written explanation of this denial at the same time the local authority issues the denial.
- (c) A local authority shall not deny an application unless the applicant has failed to satisfy this part or has failed to submit a design that complies with the generally applicable requirements that the local authority imposes on a nondiscriminatory basis upon entities deploying or constructing infrastructure in a ROW.
- (d) Contemporaneous with an approval of an application in which the design includes replacement or construction of a new or replacement PSS, a local authority may notify the applicant of the further requirement that the applicant shall provide a professional engineer's certification that the installation of the new or replacement PSS has been completed consistent with the approved design as well as all generally applicable safety and engineering standards.
- (e) After denial of an application, if an applicant provides a revised application that cures deficiencies identified by the local authority within thirty (30) days of the denial, then no additional application fee shall be required. A local authority shall approve or deny the revised application within thirty (30) days from the time the revised application is submitted to the authority. Any subsequent review of an application by a local government must be limited to the deficiencies cited in the denial or deficiencies that relate to changes in the revised application and that were not contained in the original application.
- (f) A local authority shall not, either expressly or de facto, discontinue its application process or prohibit deployment under the terms of this part prior to adoption of any application process.
- (g) A local authority shall not require applicants to provide any information not listed in this subsection (g). A local authority may require the following information to be provided in an application:
- (1) A preliminary site plan with a diagram or engineering drawing depicting the design for installation of the small wireless facility with sufficient detail for the local authority to determine that the design of the installation and any new PSS or any modification of a PSS is consistent with all generally applicable safety and design requirements, including the requirements of the Manual on Uniform Traffic Control Devices;
- (2) The location of the site, including the latitudinal and longitudinal coordinates of the specific location of the site;
- (3) Identification of any third party upon whose PSS the applicant intends to colocate and certification by the applicant that it has obtained approval from the third party;
- (4) The applicant's identifying information and the identifying information of the owner of the small wireless facility and certification by the applicant or the owner that such person agrees to pay applicable fees and rates, repair damage, and comply with all nondiscriminatory and generally applicable ROW requirements for deployment of any associated infrastructure that is not a small wireless facility and the contact information for the party that will respond in the event of an emergency related to the small wireless facility;
- (5) The applicant's certification of compliance with surety bond, insurance, or indemnification requirements; rules requiring maintenance of infrastructure deployed in ROW; rule requiring relocation or timely removal of infrastructure in ROW no longer utilized; and any rules requiring relocation or repair procedures for infrastructure in ROW under emergency conditions, if any, that the local authority imposes on a general and nondiscriminatory basis upon entities that are entitled to deploy infrastructure in the ROW; and
- (6) The applicant's certification that the proposed site plan and design plans meet or exceed all applicable engineering, materials, electrical, and safety standards, including all standards related to the structural integrity and weight-bearing capacity of the PSS and small wireless facility. Those standards relevant to engineering must be certified by a licensed professional engineer.
- (h) An applicant must complete deployment of the applicant's small wireless facilities within nine (9) months of approval of applications for the small wireless facilities unless the local authority and the applicant agree to extend the period, or a delay is caused by a lack of commercial power or communications transport facilities to the site. If an applicant fails to complete deployment within the time required pursuant to this subsection (h), then the local authority may require that the applicant complete a new application and pay an application fee.
- (i) If a local authority receives multiple applications seeking to deploy or colocate small wireless facilities at the same location in an incompatible manner, then the local authority may deny the later filed application.
- (j) A local authority may require the applicant to designate a safety contact for any colocation design that includes attachment of any facility or structure to a bridge or overpass. After the applicant's construction is complete, the applicant shall provide to the safety contact a licensed professional engineer's certification that the construction is consistent with the applicant's approved design, that the bridge or overpass maintains the same structural integrity as before the construction and installation process, and that during the construction and installation process neither the applicant nor its contractors have discovered evidence of damage to or deterioration of the bridge or overpass that compromises its structural integrity. If such evidence is discovered during construction, then the applicant shall provide notice of the evidence to the safety contact.
- (k) The approval of the installation, placement, maintenance, or operation of a small wireless facility pursuant to this part does not authorize the provision of any communications service or the installation, placement, maintenance or operation of any communications facility, including a wireline backhaul facility, other than a small wireless facility, in a right of way.
§ 13-24-410. Provisions applicable solely to the state as an authority. - Notwithstanding any other provision in this part to the contrary, the deployment of small wireless facilities in state ROW is subject to this section, as follows:
- (1) In those instances in which an applicant seeks to deploy a small wireless facility or new PSS within a state ROW under the control of the department of transportation or to colocate on state-owned PSSs that are subject to oversight by the department of transportation, an application must be made to the department of transportation;
- (2)
- (A) The department of transportation may charge an applicant an application fee of one hundred dollars ($100) for each application to deploy small wireless facilities in a state ROW up to a maximum of five (5) small wireless facilities. The department may charge an additional fee in the amount of fifty dollars ($50.00) for each additional small wireless facility included in a single application. Beginning on January 1, 2020, and at each five-year interval thereafter, the application fees established in this subdivision (2)(A) shall increase by the amount of ten percent (10%);
- (B) The department of transportation shall not require a permit or charge an application fee for routine maintenance or replacement of a small wireless facility in a state ROW unless the maintenance or replacement requires the installation of a new PSS or the replacement of a PSS or the maintenance or replacement activity will require disturbance of the highway pavement or shoulders;
- (C) The department of transportation may impose inspection costs in the same manner such costs are imposed with respect to other entities that deploy infrastructure in a state ROW; and
- (D) The department of transportation may require the applicant to provide a surety bond in the same manner as a surety bond is required with respect to other entities that deploy infrastructure in a state ROW;
- (3) The application shall conform to the department of transportation's generally applicable rules or policies applicable to those entities that the department of transportation permits to deploy infrastructure in a state ROW;
- (4) The department of transportation shall endeavor, when feasible in its discretion, to comply with the timetable for review of applications by local authorities set out in § 13-24-409, but the department of transportation shall have discretion to extend the time for review and shall provide notice to the applicant of additional time needed. No application to the department of transportation shall be deemed approved until the application is affirmatively acted upon;
- (5) Until the department of transportation promulgates rules for the deployment of small wireless facilities as set forth in subdivision (8), the department of transportation shall accept applications to deploy small wireless facilities in a state ROW and shall consider each application on a case-by-case basis and shall, in its complete discretion, grant or deny such applications;
- (6) Nothing in this part precludes the department of transportation from exercising any regulatory power or conducting any action necessary to comply with 23 USC § 131 and § 54-21-116 relating to the regulation of billboards or to satisfy any requirements of federal funding established by state and federal law;
- (7) To ensure that this part does not impose new costs significant enough to outweigh the benefits of small wireless facilities, the department of transportation shall not be required to reimburse the costs of relocation of small wireless facilities from a state ROW, notwithstanding any decision the department of transportation may make to exercise its discretionary authority under § 54-5-804 to reimburse other owners of utility facilities for relocation costs arising from a highway construction project;
- (8) The department of transportation shall promulgate rules or establish agency policies applicable to deployment of small wireless facilities within state ROW and the colocation of small wireless facilities on state-owned PSS in state ROW, including, but not limited to, the establishment of an annual rate for the colocation of a small wireless facility on state-owned PSS in a state ROW. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; and
- (9) Nothing in this part restricts the department of transportation from the management of a state ROW or a state-owned PSS in a state ROW as otherwise established by law.
§ 13-24-411. Authority powers preserved. - Consistent with the limitations in this part, an authority may require applicants to:
- (1) Follow generally applicable and nondiscriminatory requirements for entities that deploy infrastructure or perform construction in a ROW:
- (A) Requiring structures and facilities placed within a ROW to be constructed and maintained as not to obstruct or hinder the usual travel upon pedestrian or automotive travel ways;
- (B) Requiring compliance with Americans with Disabilities Act Accessibility Guidelines (ADAAG) standards adopted by the authority to achieve compliance with the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), including Public Rights-of-Way Accessibility Guidelines (PROWAG) if adopted by the authority;
- (C) Requiring compliance with measures necessary for public safety; and
- (D) Prohibiting obstruction of the legal use of a ROW by utilities;
- (2) Follow an aesthetic plan established by the authority for a defined area, neighborhood, or zone by complying with generally applicable and nondiscriminatory standards on all entities entitled to deploy infrastructure in a ROW, except that an authority shall not apply standards in a manner that precludes all deployment of small wireless facilities or precludes deployment of small wireless facilities as a permitted use pursuant to zoning requirements and an authority shall provide detailed explanation of any denial based on the failure of the design to conform to the aesthetic plan. Notwithstanding this subdivision (2), in residential neighborhoods, an authority may impose generally applicable standards that limit deployment or colocation of small wireless facilities in public utility easements when the easements are:
- (A) Not contiguous with paved roads or alleys on which vehicles are permitted;
- (B) Located along the rear of residential lots; and
- (C) Subject to a generally applicable restriction that no electric distribution or telephone utility poles are permitted to be deployed;
- (3) In residential neighborhoods, deploy new PSS in a ROW to be located within twenty-five feet (25′) from the property boundaries separating residential lots larger than three-quarters of an acre in size and may require new PSS deployed in a ROW to be located within fifteen feet (15′) from the property boundaries separating residential lots three-quarters of an acre in size or smaller;
- (4) Repair damage caused by entities entitled to deploy infrastructure in a ROW, including damage to public roadways or to other utility facilities placed in a ROW based on generally applicable and nondiscriminatory requirements imposed by the authority; and
- (5) Require maintenance or relocation of infrastructure deployed in the ROW; timely removal of infrastructure no longer utilized; and insurance, surety bonds, or indemnification for claims arising from the applicant's negligence to the same extent the authority applies such requirements generally to entities entitled to deploy infrastructure in ROW based on generally applicable and nondiscriminatory requirements imposed by the authority.
§ 13-24-412. Private right of action. - Any party aggrieved by the failure of an authority to act in accordance with this part may seek remedy in the chancery court for the county in which the applicant attempted to deploy or has deployed a small wireless facility, unless the claim seeks a remedy against the state, in which case the claim must be brought in the chancery court of Davidson County. The court may order an appropriate remedy to address any action inconsistent with this part.
§ 13-24-413. Study on impact of deployment of broadband — Best Practices — Recommendations — Report. - (a) The Tennessee advisory commission on intergovernmental relations shall study and prepare a report on the impact of this part, including:
- (1) The impact on deployment of broadband;
- (2) The fiscal impact on authorities resulting from the administrative process required by this part;
- (3) Best practices from the perspective of applicants and authorities;
- (4) Best practices in other states and identify opportunities to advance the quality of transportation in this state by utilizing technological applications, sometimes referred to as “smart transportation applications,” that are supported by small wireless facilities; and
- (5) Recommendations for changes to this part based on the study's findings.
- (b) The report must be delivered to the chairs of the commerce committee of the house of representatives and commerce and labor committee of the senate by January 1, 2021.
History (2)
- Acts 2018, ch. 819, § 3
- 2019, ch. 345, § 18.
Chapter 26 Human Resource Agency Act of 1973 § 13-26-101. Short title. - This chapter shall be known and may be cited as the “Human Resource Agency Act of 1973.”
History (2)
- Acts 1973, ch. 289, § 1
- T.C.A., § 13-2101.
§ 13-26-102. Creation authorized. - The chief elected public officials of various counties and/or cities of the economic development districts established under chapter 14 of this title, are empowered to create a human resource agency. It is the intent of this chapter that there may be four (4) metropolitan human resource agencies, Memphis-Shelby, Nashville-Davidson, Knoxville-Knox, Chattanooga-Hamilton, and no more than nine (9) rural human resource agencies, coterminous with the boundary lines of the development districts. It is the further intent of this chapter that the agencies so created may be the delivery system for human resources, and in no way an infringement on the planning functions of the development districts.
History (2)
- Acts 1973, ch. 289, § 2
- T.C.A., § 13-2102.
§ 13-26-103. Governing board of human resource agency — Executive committee — Advisory council — Meetings. - (a) When a human resource agency (HRA) is created pursuant to § 13-26-102, a governing board is established for the HRA.
- (b)
- (1) The membership of the governing board consists of:
- (A) Each county mayor within the HRA's district;
- (B) Three (3) or more municipal mayors within the HRA's district who serve on a rotating basis as determined by the bylaws of the HRA;
- (C) A senate member who is selected by the senators whose districts are wholly or partially in the area served by the HRA; and
- (D) A representative member who is selected by the representatives whose districts are wholly or partially in the HRA.
- (2) An HRA may appoint additional persons to the governing board as required by state or federal guidelines.
- (c) A member of the general assembly shall not receive any compensation for the member's service on a board.
- (d) The board may appoint an executive committee to act for the board. The board shall determine the authority and composition of the committee.
- (e) The governing board, executive committee, or advisory council may conduct special or regular meetings.
- (f) The governing board shall appoint an advisory council composed of ex officio nonvoting members, to be invited to meet with the governing board at least once annually. The membership of the council is broadly based and equitably distributed between representatives of providers and consumers of human resource services and as established by law, and the council includes members of the governing board and municipal mayors in the service area of the human resource agency.
History (5)
- Acts 1973, ch. 289, § 3
- T.C.A., § 13-2103
- Acts 1980, ch. 677, § 1
- 2003, ch. 90, § 2
- 2021, ch. 463, § 1.
§ 13-26-104. Powers and duties of governing board. - (a) A governing board may:
- (1) Adopt bylaws;
- (2) Appoint an executive director, who would serve at the pleasure of the board;
- (3) Determine major personnel, fiscal, and program policies;
- (4) Approve overall program plans and priorities; and
- (5) Assure compliance with conditions of and approve proposals for financial assistance under this chapter.
- (b) Each governing board shall:
- (1) Jointly adopt statewide uniform travel regulations, to be kept on file with the commissioner of finance and administration, and reimburse the governing board's officers and employees for official travel in conformance with the regulations;
- (2) Develop a system of competitive bidding on purchases of supplies and equipment, and other contracts, and submit the written procedures governing the system to the state procurement commission for approval; and
- (3) Develop written personnel procedures that are kept on file with the commissioner of finance and administration.
History (3)
- Acts 1973, ch. 289, § 4
- T.C.A., § 13-2104
- 2021, ch. 463, § 2.
§ 13-26-105. Powers of agencies — Loan authorization. - (a) It is hereby declared that the agencies created pursuant to this chapter shall be a body, politic and corporate, and shall be public and governmental bodies acting as agencies and instrumentalities of the creating and participating counties and cities, and such agencies are declared to be for a public and governmental purpose and a matter of public necessity.
- (b) In order to carry out its overall responsibility for administering a human resource program, a human resource agency is hereby given the authority to own and dispose of property, both real and personal, and to receive and administer funds under this chapter, funds and contributions from private or local public sources which may be used in support of a human resource program, and funds under any federal or state assistance program pursuant to which such an agency organized in accordance with this chapter could serve as grantee, contractor, or sponsor of projects appropriate for inclusion in a human resource program.
- (c) With prior approval of the board of directors, a human resource agency may borrow funds when such funds are fully and properly secured by grant funds receivable. Such loans are authorized for short-term emergency cash flow needs only. Such loans shall not constitute an indebtedness of the state, nor shall the interest on such debt be directly or indirectly charged to a state or federal program grant.
- (d) A human resource agency may make contracts and execute instruments containing such covenants, terms, and conditions as, in the judgment of the directors, may be necessary, proper, or advisable for the purposes of obtaining grants, loans, or other financial assistance from any federal, state or local agency for or in the aid of the acquisition or improvement of the facilities of the agency and make all other contracts and execute all other instruments, including, without limitation, licenses, long-term and short-term leases, mortgages, deeds of trust, and other agreements relating to property and facilities under its jurisdiction, and the construction, operation, maintenance, repair and improvement thereof, as in the judgment of the board of directors may be necessary, proper or advisable for the furtherance of the purpose of this part and the full exercise of the powers herein granted. In exercising the powers granted herein, the directors shall abide by all statutes, regulations and procedures to which counties must conform in such matters.
History (5)
- Acts 1973, ch. 289, § 5
- T.C.A., § 13-2105
- Acts 1994, ch. 555, § 1
- 1995, ch. 22, § 1
- 1998, ch. 597, § 1.
§ 13-26-106. Financial reports — Audits. - (a) Each governing board operating under this chapter shall prepare an annual report of its activities, including financial statements, through June 30 of each year, and submit a copy of such report to the governor, the general assembly, and the commissioner of finance and administration.
- (b)
- (1) The annual report, including financial statements, and all books of account and financial records are subject to annual audit by the comptroller of the treasury.
- (2) A human resource agency may, with the prior approval of the comptroller of the treasury, engage licensed independent public accountants to perform the audits.
- (3) The audit contract between the human resource agency and the independent public accountant shall be on contract forms prescribed by the comptroller of the treasury.
- (4) The human resource agency is responsible for reimbursement of the costs of audits prepared by the comptroller of the treasury and the payment of fees for audits prepared by licensed independent public accountants.
- (5) Audits and working papers prepared by independent public accountants shall be reviewed and approved by the comptroller of the treasury prior to payment.
- (6) Copies of such audits shall be provided to each member of the board and the comptroller of the treasury and shall be made available to the press.
- (7) All audits performed by the internal audit staffs of any such agency shall be conducted in accordance with the standards established by the comptroller of the treasury pursuant to § 4-3-304(9).
History (5)
- Acts 1973, ch. 289, § 6
- 1976, ch. 666, § 4
- T.C.A., § 13-2106
- Acts 1984, ch. 794, § 10
- 1985, ch. 284, § 1.
§ 13-26-107. Appropriations — Local contributions. - (a) Any funds appropriated to implement this chapter are subject to the approval of the governor and the commissioner of finance and administration.
- (b) Such approval shall be given only after review by the office of the governor of the annual work program developed by the human resource agency to assure that such program is in accordance with the development plans of the state.
- (c) It is the intent of the state to assist financially with the delivery of human resources for residents. After the creation of any such board as provided in this chapter and when the local governments have indicated a willingness to contribute financially by adopting a budget requiring a certain per capita assessment, the state is authorized to match the local contributions according to the following schedule:
- Local Assessment Annual StateContribution
-
- 1-5 $40,000 $7,500
- 6-10 $70,000 $7,500
- 11-15 $100,000 $10,000
- 16-20 $150,000 $12,500
-
- (d) Such local contributions shall be based upon, in the case of counties, an amount not to exceed fifteen cents (15¢) per capita based on the latest decennial census, one half (½) of which may be contributed by local incorporated cities or by other private, public or semipublic bodies; provided, that no county shall be required to contribute more than ten thousand dollars ($10,000) annually. The aggregate of such funds may also be used for purposes of matching various federal programs of assistance. Counties and municipalities may participate independently of each other in financing the activities of the board. Cities and counties are specifically authorized to appropriate and expend funds for carrying out the purposes of this chapter.
History (6)
- Acts 1973, ch. 289, § 7
- T.C.A., § 13-2107
- Acts 1989, ch. 575, § 1
- 1992, ch. 786, § 1
- 2007, ch. 467, § 1
- 2018, ch. 1030, § 1.
§ 13-26-108. [Repealed]
History (4)
- Acts 1976, ch. 666, §§ 1-3
- T.C.A., § 13-2108
- Acts 2011, ch. 295, § 19
- repealed by Acts 2021, ch. 463, § 3, effective May 18, 2021.
§ 13-26-109. Uniform accounting system. - (a) The comptroller of the treasury is directed to develop a uniform accounting system conforming to generally accepted accounting principles for the governing boards operating under this chapter.
- (b) Such uniform accounting systems shall be subject to the approval of the commissioner of finance and administration.
- (c) Upon such approval each human resource agency shall establish and maintain the uniform accounting system.
- (d) No state appropriation shall be released to a human resource agency until such agency has established the required accounting system.
History (2)
- Acts 1976, ch. 666, § 5
- T.C.A., § 13-2109.
§ 13-26-110. Bond requirements. - (a)
- (1) Any board member, policy council member, employee, officer, or any authorized person of a human resource agency who receives public funds, has authority to make expenditures from public funds, or has access to any public funds is required to give bond to be made payable to this state with such sureties as are hereinafter provided. The bond is to be conditioned in all cases in which a different condition is not prescribed, upon the faithful discharge of the duties of such office, employment, or other authorized activity in which such person is engaged during the time the person continues in the discharge of such duties, or in the discharge of any part thereof.
- (2)
- (A) A human resource agency may obtain, in lieu of the surety bond required by subdivision (a)(1), a policy of insurance issued by an insurance company duly authorized to do business in this state or an agreement with a pool established by two (2) or more governmental entities pursuant to § 29-20-401 or any entity established pursuant to § 29-20-401(b)(2) for administration of such agreement, which provides government crime coverage, employee dishonesty insurance coverage, or equivalent coverage that insures the lawful performance by officials and their employees of their fiduciary duties and responsibilities.
- (B) Any such policy or agreement maintained must have limits of not less than four hundred thousand dollars ($400,000) per occurrence.
- (C) A policy or agreement satisfying the requirements set forth in subdivision (a)(2)(A) is deemed to be a blanket official bond for each official or office identified in the policy or agreement for all purposes under this chapter.
- (D) The officials who may be covered under the policy or agreement include board members, policy council members, employees, officers, and other authorized persons of a human resource agency who handle public funds, pursuant to this chapter.
- (E) A copy of the policy or agreement evidencing the persons covered, the amount of coverage maintained, and the type of coverage provided shall be filed in the register's office for the county in which the human resource agency is located.
- (F) A policy or agreement filed pursuant to subdivision (a)(2)(E) satisfies the requirement for the filing of official bonds under subsection (e).
- (b) Such official bond shall be executed in the same form as that prescribed by § 8-19-101 for county and state officials and employees.
- (c)
- (1) Effective July 1, 2013, the minimum amount of such required bond shall be determined from the amount of revenues handled by the respective human resource agency as reported in the last audit approved by the comptroller of the treasury. The minimum amount of the bond shall be based on revenues as follows:
- (A) Four percent (4%) of the revenues up to three million dollars ($3,000,000); and
- (B) Two percent (2%) of the excess over three million dollars ($3,000,000) shall be added.
- (2) The amounts indicated in subdivisions (c)(1)(A) and (B) shall be cumulative.
- (d) All such official bonds shall be signed by authorized individuals of a corporate surety, and such corporation shall be duly licensed to do business in this state as a surety.
- (e) The official bonds required under this section are hereby required to be recorded in the office of the register of deeds where the office of the human resource agency is located and transmitted to the office of the county clerk in the same county for safekeeping.
- (f) No examination or certification of any such bonds shall be required in this section.
- (g) Provisions for bonds of all state and county officers set forth in title 8, chapter 19, shall also govern the bonds of all persons covered under this section, so far as title 8, chapter 19, is not inconsistent with this section.
- (h) The respective human resource agency shall pay the premium for such bonds.
History (4)
- Acts 1976, ch. 666, § 6
- T.C.A., § 13-2110
- Acts 2013, ch. 315, §§ 27, 28
- 2021, ch. 131, § 1.
§ 13-26-111. Attachment of human resource agencies to department of human resources — Funding — Planning assistance and oversight. - (a) For purposes of general oversight, and specifically for purposes of § 13-26-107, the human resource agencies created under this chapter are attached to the department of human services. Any reports required of human resource agencies by this chapter, or reports that may arise from activities undertaken in accordance with the authority granted under this chapter, are filed with the department of human services in addition to any other filing that may be required.
- (b)
- (1) The commissioner shall consider the financial needs of human resource agencies, including the disbursement of matching funds as authorized under § 13-26-107, and, to the extent deemed appropriate, shall include such funds in the budget request of the department of human services submitted to the commissioner of finance and administration pursuant to § 9-4-5103.
- (2) The department of human services shall provide planning assistance and oversight to the partner agencies with whom the department seeks to coordinate services.
History (3)
- Acts 1993, ch. 300, § 1
- 1997, ch. 308, § 3
- 2021, ch. 463, § 4.
Chapter 28 Enterprise Zones Part 2 Local Enterprise Zone Act § 13-28-203. Part definitions. - As used in this part, unless the context otherwise requires:
- (1) “Board” means the local enterprise zone management board appointed by a municipality;
- (2) “Enterprise zone” means an area declared by the board to be eligible for the benefits of this part;
- (3) “Municipality” means an incorporated city which has adopted home rule or county which has adopted a metropolitan form of government in accordance with the Constitution of Tennessee, art. XI, § 9, and any county which has adopted a charter form of government pursuant to the Constitution of Tennessee and title 5, chapter 1, part 2;
- (4) “Qualified business” means any person, corporation or other entity engaged in the active conduct of a trade or business within a designated enterprise zone, except that for chain stores or other businesses or industries with multiple locations, only those locations or operations within the zone shall be considered as qualified businesses; and
- (5) “Qualified property” means:
- (A) Any tangible personal property which is used predominately by the taxpayer in an enterprise zone in the active conduct of a trade or business;
- (B) Any real property located in such a zone which is used predominately by the taxpayer for residential purposes or in the active conduct of a trade or business, or is sold or exchanged by an individual whose principal residence is in such a zone; or
- (C) Any interest in a corporation, partnership, or other entity if, for the most recent taxable year of such entity ending before the date of the sale or exchange, such entity was a qualified business.
§ 13-28-204. Local ordinance or resolution — Enterprise zone management board. - Each municipality is authorized to create and appoint by ordinance or resolution an enterprise zone management board. The ordinance or resolution shall designate the number and qualification of board members, establish the terms of office of such board members and provide for the appointment of members and administration of such board. No such ordinance or resolution shall take effect unless it is approved by a two-thirds (⅔) vote of the legislative body of the municipality at two (2) consecutive, regularly scheduled meetings.
§ 13-28-205. Board — Powers and duties. - The board shall administer this part and has the following powers and duties:
- (1) Declare as “enterprise zones” areas for which the municipality has submitted documentation to the board, in the form of an application for designation;
- (2) Recommend suspension of local regulations within the zone or zones not specifically suspended by this part, when the board determines such suspension to be appropriate;
- (3) Provide individuals who meet the criteria of this part with enterprise zone residency certificates, which individuals can use for the benefits of this part, and which businesses can use to verify that they have met the requirements to qualify as “qualified businesses”;
- (4) Monitor the implementation and operation of this part;
- (5) Assist the municipality in obtaining demonstration project status and assistance from the state or federal government, including the suspension of state and federal regulations within the enterprise zones;
- (6) Submit reports evaluating the effectiveness of the program and any suggestions for local regulation changes to the municipality or suggestions for state regulation changes to the governor and the general assembly by January 1 of each year; and
- (7) Promulgate necessary rules and regulations and to prescribe procedures to effectuate the purposes of this part.
§ 13-28-206. Criteria for depressed areas — Application. - (a) Depressed areas proposed to be designated as “enterprise zones” by the municipality shall meet the following criteria:
- (1) The area is within the jurisdiction of the municipality;
- (2) The boundary of the area is contiguous and includes, if feasible, vacant or underutilized lands or buildings which are conveniently accessible to area residents;
- (3) If the area is located in a metropolitan statistical area with a population of fifty thousand (50,000) or greater, the population of the area shall be at least four thousand (4,000); if the area is not located in a metropolitan statistical area, the population of the area shall be one thousand (1,000) or more as determined under the most recent census;
- (4) The area shall be in a jurisdiction or “pocket of poverty” that is urban development action grant (UDAG) eligible; and
- (5) The area shall be one of pervasive poverty, unemployment and general distress, and have:
- (A) An average rate of unemployment in such areas for the most recent twenty-four-month period for which data is available of at least one and one-half (1½) times the average national rate of unemployment for such twenty-four-month period;
- (B) A poverty rate of at least twenty percent (20%) or more in all census tracts;
- (C) At least seventy percent (70%) of the households in the area with incomes below eighty percent (80%) of the median income of the households of the government designating such area; or
- (D) A total population decrease of at least twenty percent (20%) during the period between the last two (2) decennial censuses.
- (b) Any municipality may designate any area meeting the criteria of subsection (a) within its jurisdiction as a depressed area. Such municipality may then make written application to the board to have such area or areas declared to be an enterprise zone. Such application shall include a description of the location of the area or areas in question and such other information as the board may require to satisfy itself that the criteria of subsection (a) have been met. Such municipality shall hold at least one (1) public hearing in the proposed zone at least thirty (30) days prior to the preparation of the application, and residents of the proposed zone shall be actively involved in the preparation of the application.
- (c) The written application submitted by the municipality should indicate the community's willingness to assume the duty and responsibility to:
- (1) Devise and implement a program to improve public safety within the enterprise zone;
- (2) Give priority to the use of community development block grant (CDBG) funds, urban development action grant (UDAG) funds, and local capital improvement funds within an enterprise zone;
- (3) Assist the board in certifying employers to be eligible for the benefits of this part;
- (4) Study and consider the desirability of amending or repealing certain local regulations and ordinances which might be impeding growth and development;
- (5) Assist the board in evaluating progress made in any enterprise zone within its jurisdiction; and
- (6) Make appropriate local tax or other regulatory concessions which are not in violation of constitutional requirements.
- (d) Nothing contained within this part shall be construed to authorize a municipality to offer or make concessions pertaining to county taxes or regulations. Likewise, nothing contained within this part shall be construed to authorize a county to offer or make concessions pertaining to municipal taxes or regulations.
§ 13-28-207. Application — Review — Removal of designation. - (a) Upon receipt of an application from the municipality, the board shall review such application and secure any additional information it deems necessary for the purpose of determining whether the area or areas described in the application qualify to be declared an enterprise zone.
- (b) The board shall complete its review within ninety (90) days of receipt of the application, but it may extend this time period an additional thirty (30) days if necessary. If the application meets the established criteria, then the board shall declare the designated area to be an enterprise zone. If the application does not meet the criteria, then the board shall deny the application and inform the municipality of that fact, together with a description of the reasons the application failed to meet the criteria. If the board fails to render a decision within the required time period, the application shall be automatically approved.
- (c) The board may remove designation of any area as an enterprise zone if such area no longer meets the criteria for designation as set out in this part; provided, that no designation shall be removed less than ten (10) years from the date of original designation unless there are no beneficiaries or qualified businesses remaining in the zone.
§ 13-28-208. Enterprise zone development corporations — Funding — Employment. - (a) Communities which succeed in establishing designated enterprise zones shall be empowered to set up nonprofit enterprise zone development corporations with the agreement of affected governmental entities under existing state legislation (industrial development corporations, compiled in title 7, chapter 53) which empowers such corporations to take title or own, acquire or manage real property, to solicit and accept grants and contributions from any source, and to make loans and grants in accordance with this part.
- (b) In addition to establishing such corporations in accordance with title 7, chapter 53, the enterprise zone development corporations shall be composed as follows:
- (1) One half (½) of the members shall be selected at-large;
- (2) One fourth (¼) of the members shall be selected from residents of the proposed zone; and
- (3) One fourth (¼) of the members shall be selected from managers or operators of businesses located within the proposed zone.
- (c) The enterprise zone development corporation shall not be vested with the power of eminent domain. The enterprise zone development corporation shall not have the authority to issue bonds.
- (d) A minimum of ten percent (10%) of the allocation of funds for low interest loans administered by local government will be set aside for use of qualified residents/owners in the enterprise zone subject to an annual review.
- (e) A qualified business in an enterprise zone shall employ at least thirty percent (30%) of qualified zone residents meeting the requirements of new jobs created by such business.
§ 13-28-209. Incentives and exemptions for qualified businesses or residents. - The ordinance or resolution to implement this part shall provide for such incentives and exemptions and the manner in which such incentives and exemptions shall be offered for qualified businesses as in the discretion of the municipality are deemed to be desirable and in the best interest of the welfare of the community as a whole. The ordinance or resolution may provide for state participation in providing incentives or exemptions to qualified businesses or qualified zone residents in the enterprise zone.
§ 13-28-210. Regulatory exemptions of enterprise zones. - (a) To carry out the purposes of this part, any agency, as defined by § 4-5-102, which promulgates rules, as defined by § 4-5-102, or any administrative body of the municipality which promulgates regulations pursuant to appropriate legal authority, may, by rule or regulation, exempt designated enterprise zones from any rule or regulation, in whole or in part, promulgated by such agency or by such administrative body as provided in the ordinance or resolution.
- (b) An enterprise zone is not exempt from any rule or regulation if the exemption endangers the health and safety of the citizens of the state.
- (c) The board shall conduct a review of all rules promulgated, and shall recommend to the municipality the exemption of rules promulgated which would contribute to the implementation of this part.
- (d) Any exemption of a regulation by an administrative body of the municipality shall be promulgated as a subsequent regulation in accordance with the law authorizing promulgation of the regulation proposed for exemption within designated zones.
History (1)
- Acts 1989, ch. 541, § 10.
§ 13-28-211. Issuance of permission required by law — Agency authority. - Notwithstanding the authority delegated to the board to implement this part, the authority for issuing licenses, permits, certificates, approvals, registrations, charters, or any other form of permission required by law shall remain with the agency otherwise legally authorized to issue such form of permission.
History (1)
- Acts 1989, ch. 541, § 11.
Chapter 29 Tennessee Minority Business Councils Cooperation Act of 1997 § 13-29-101. Short title. - This chapter shall be known and may be cited as the “Tennessee Minority Business Councils Cooperation Act of 1997.”
§ 13-29-102. Legislative findings. - The general assembly finds the following:
- (1) Minority business councils have been created to serve, support and promote minority business interests and minority-owned business entities in Tennessee urban communities;
- (2) Such councils have enhanced the ability of minority business to procure employment opportunities in each council's respective community; and
- (3) At present, each council has independent and often duplicative certification procedures and no reciprocity provisions exist between the various councils.
§ 13-29-103. Purpose of chapter. - The purpose of this chapter is to create one (1) central certification process that would permit reciprocity of certification for minority businesses throughout Tennessee.
§ 13-29-104. Cooperation by minority business councils. - Minority business councils doing business in Tennessee shall promulgate uniform certification procedures for member businesses, shall charge uniform fees for such services, and shall permit reciprocity of certification among the individual minority business councils. Such councils shall bear all costs of implementing this chapter.
Chapter 30 Tennessee Local Land Bank Program § 13-30-101. Short title. - This chapter shall be known and may be cited as the “Tennessee Local Land Bank Program.”
History (1)
- Acts 2012, ch. 1096, § 1.
§ 13-30-102. Legislative findings. - The legislature finds and declares as follows:
- (1) Tennessee's communities are important to the social and economic vitality of the state. Whether urban, suburban or rural, many communities are struggling to cope with vacant, abandoned and tax-delinquent properties;
- (2) There exists a crisis in many cities and their metro areas caused by disinvestment in real property and resulting in a significant amount of vacant and abandoned property. This condition of vacant and abandoned property represents lost revenue to local governments and large costs associated with demolition, safety hazards and spreading deterioration of neighborhoods including resulting mortgage foreclosures;
- (3) The need exists to strengthen and revitalize the economy of the state and its local units of government by solving the problems of vacant and abandoned property in a coordinated manner and to foster the development of such property and promote economic growth. Such problems may include multiple taxing jurisdictions lacking common policies, ineffective property inspection, code enforcement and property rehabilitation support, lengthy and/or inadequate foreclosure proceedings, and lack of coordination and resources to support economic revitalization;
- (4) There is an overriding public need to confront the problems caused by vacant, abandoned and tax-delinquent properties through the creation of new tools to be available to communities throughout the state enabling them to turn vacant spaces into vibrant places;
- (5) Land banks are one of the tools that can be utilized by communities to facilitate the return of vacant, abandoned and tax-delinquent properties to productive use.
History (2)
- Acts 2012, ch. 1096, § 1
- 2018, ch. 779, § 5.
§ 13-30-103. Chapter definitions. - As used in this chapter, unless the context clearly indicates otherwise:
- (1) “Board of directors” or “board” means the board of directors or other similar governing body of the corporation;
- (2) “Corporation” means a corporation created pursuant to this chapter to operate a land bank;
- (3) “Land bank” means real property, however obtained or acquired and held by a corporation, created pursuant to this chapter, with the intent of acquiring and holding onto the real property so acquired until such a time as the corporation is able to find a willing and able buyer to acquire the real property from the corporation;
- (4) “Local government” means:
- (A) Any home rule municipality;
- (B) Any county having a population of not less than one hundred twenty-three thousand one (123,001) nor more than one hundred twenty-three thousand one hundred (123,100), according to the 2010 federal census or any subsequent federal census;
- (C) Any county having a population of not less than eighty-nine thousand eight hundred (89,800) nor more than eighty-nine thousand nine hundred (89,900), according to the 2010 federal census or any subsequent federal census;
- (D) Any county having a metropolitan form of government; or
- (E) Any municipality having a population of not less than forty-eight thousand two hundred (48,200) nor more than forty-eight thousand two hundred nine (48,209), according to the 2010 federal census or any subsequent federal census;
- (F) Any municipality having a population of not less than forty-one thousand (41,000) nor more than forty-two thousand (42,000), according to the 2010 federal census or any subsequent federal census; and
- (G) Any county having a population of not less than twenty-seven thousand two hundred (27,200) nor more than twenty-seven thousand three hundred (27,300), according to the 2010 federal census or any subsequent federal census;
- (5) “Real estate” means an identified parcel or tract of land, including improvements, if any; and
- (6) “Real property” means one (1) or more defined parcels or tracts of land or interests, benefits and rights inherent in the ownership of real estate.
History (4)
- Acts 2012, ch. 1096, § 1
- 2014, ch. 793, § 1
- 2015, ch. 224, § 1
- 2018, ch. 846, § 1.
§ 13-30-104. Creating corporation — Funding. - (a)
- (1) Any local government shall have the authority to create a corporation which is authorized to operate a land bank within the jurisdictional boundaries of the local government establishing the corporation.
- (2) The corporation is declared to be performing a public function on behalf of the local government with respect to which the corporation is created and organized and to be a public instrumentality of such local government. Accordingly, the corporation and all properties of the corporation, including all properties held in the name of the corporation in the land bank, at any time owned by it, and the income and revenues from the properties, shall be exempt from all taxation in this state.
- (b)
- (1) A corporation shall come into existence under the terms of this chapter when any local government to which subsection (a) applies either on its own initiative or through inter-local agreements entered into by and between one (1) or more creating local governments vote by majority vote of its legislative body to establish the corporation. Evidence of such authorization shall be proclaimed and countersigned by the presiding officer of each participating county or municipality and certified by such officer to the secretary of state.
- (2) The governing bodies of the creating local governments shall indicate their willingness to appropriate sufficient funds to provide for the initial administration of the corporation as a part of the authorization process and for such purposes are authorized to provide funding or grants and appropriate money to the corporation in such manner as directed by the legislative bodies.
History (2)
- Acts 2012, ch. 1096, § 1
- 2014, ch. 793, § 2.
§ 13-30-105. Board of directors. - (a) The corporation shall have a board of directors in which all powers of the corporation shall be vested. Such board shall consist of any number of directors, no fewer than five (5), all of whom shall be duly qualified electors of and taxpayers in the creating local government or local governments.
- (b) The creating local government or local governments, if more than one (1) has jointly created a corporation, shall determine the qualifications, manner of selection or appointment, terms of office of members of the board, the number of directors, whether and to what extent the members of the local legislative bodies shall be appointed or elected to serve on the board of the corporation and the manner of filling vacancies.
- (c) The term of each director on the corporation shall be as set by the creating local government or local governments; provided, that any director shall continue to serve beyond the end of the director's term until the director's successor has been appointed. At the first organizational meeting of the corporation, the creating local government or local governments shall establish the terms of the initial directors so that the directors serve staggered terms and an approximately equal number of directors have terms that expire in each year.
History (1)
- Acts 2012, ch. 1096, § 1.
§ 13-30-106. Quorum for transaction of business — Officers — Rules and regulations — Removal of board members — Compensation — Meetings — Majority approval for actions of the board — No proxy voting. - (a) A majority of the board of the corporation shall constitute a quorum for the transaction of any business. Unless a greater number or percentage is required by state law, the vote of a simple majority of the directors present at any meeting at which a quorum is present shall be the action of the corporation. To the extent permitted by applicable law, the corporation may permit any or all directors to participate in an annual, regular or special meeting by, or conduct the meeting through the use of, any means of communication by which all directors participating may simultaneously hear each other during the meeting. A director participating in a meeting by this means is deemed to be present in person at the meeting.
- (b) The members of the board of directors shall select annually from among themselves a chair, a vice chair, a treasurer, and such other officers as the board may determine, and shall establish their duties as may be regulated by rules adopted by the board.
- (c) The board shall establish rules and requirements relative to the attendance and participation of members in its meetings, regular or special. Such rules and regulations may prescribe a procedure whereby, should any member fail to comply with such rules and regulations, such member may be disqualified and removed automatically from office by no less than a majority vote of the remaining members of the board, and that member's position shall be vacant as of the first day of the next calendar month. Any person removed under this subsection (c) shall be ineligible for reappointment to the board, unless such reappointment is confirmed unanimously by the board.
- (d) Any citizen or group of citizens upon collection of a petition having a clearly worded purpose, of at least twenty (20) verified signatures of qualified voters registered in the jurisdiction in which the board operates may present to the local government legislative body a resolution calling for the removal of any board member. The local government legislative body shall have the power, upon timely and due consideration of the citizen petition and a response from the board, to remove or retain the cited board member by simple majority vote. Removal from the board of directors of any public official shall not, in and of itself, impair the public official or municipal or county employee in that person's other duties.
- (e) Board members shall serve without compensation, shall have the power to organize and reorganize the executive, administrative, clerical, and other departments of the corporation and to fix the duties, powers and compensation of all employees, agents and consultants of the corporation. The board may reimburse any member for expenses actually incurred in the performance of duties on behalf of the corporation.
- (f) The board shall meet in regular session according to a schedule adopted by the board, and also shall meet in special session as convened by the chair or upon written notice signed by a majority of the members. The presence of a majority of the total membership of the board shall constitute a quorum.
- (g) All actions of the board shall be approved by the affirmative vote of a majority of the members of that board present and voting. However, no action of the board shall be authorized on the following matters unless approved by a majority of the total board membership:
- (1) Adoption of bylaws and other rules and regulations for conduct of the business of the corporation;
- (2) Hiring or firing of any employee or contractor of the corporation. This function may, by majority vote, be delegated by the board to a specified officer or committee of the corporation, under such terms and conditions, and to the extent, that the board may specify;
- (3) The incurring of debt;
- (4) Adoption or amendment of the annual budget; and
- (5) Sale, lease, encumbrance, or alienation of real property, improvements or personal property with a value of more than fifty thousand dollars ($50,000).
- (h) Vote by proxy shall not be permitted. Any member may request a recorded vote on any resolution or action of the board.
History (1)
- Acts 2012, ch. 1096, § 1.
§ 13-30-107. Corporate authority to create land bank for real property — Compliance with state law, ethical standards, and open records provisions. - (a) The corporation, once created, shall have the authority to create a land bank for real property located within the boundaries of the creating local government or local governments.
- (b) No rules or bylaws created by the corporation may contravene state law.
- (c) All board members, appointees, employees and/or paid advisors of the corporation created, appointed or employed, with or without pay, pursuant to this chapter are subject to title 8, chapter 17, and may not be exempted on the basis of any corporate board governance rules or bylaws.
- (d) All meetings of the board of directors of the corporation and/or its employees are subject to title 8, chapter 44, and may not be exempted on the basis of the corporate board governance rules or bylaws.
- (e) All corporate records are subject to §§ 10-7-503 — 10-7-505, and may not be exempted on the basis of any corporate board governance rules or bylaws.
History (1)
- Acts 2012, ch. 1096, § 1.
§ 13-30-108. Contracts and agreements. - The corporation may enter into contracts and agreements with the creating local government or local governments for staffing services to be provided to the corporation by such local governments or agencies or departments thereof.
History (1)
- Acts 2012, ch. 1096, § 1.
§ 13-30-109. Corporate powers. - The corporation shall have the power, as limited by the legislative body of the creating local government or local governments, to:
- (1) Adopt, amend and repeal bylaws for the regulation of its affairs and the conduct of its business;
- (2) Sue and be sued in its own name and plead and be impleaded in all civil actions, including, but not limited to, actions to clear title to the real property held in the land bank;
- (3) Adopt a seal and to alter the same at pleasure;
- (4) Borrow funds as may be necessary, for the operation and work of the corporation with the concurrence of the legislative body of the creating local government or local governments;
- (5) Enter into contracts and other instruments necessary, incidental or convenient to the performance of its duties and the exercise of its powers, including, but not limited to, intergovernmental agreements under the existing Tennessee Code for the joint exercise of powers under this chapter;
- (6) Make and execute contracts and other instruments necessary or convenient to the exercise of the powers to acquire, hold and dispose of real property held in the land bank;
- (7) Procure and enter into contracts for any type of insurance or indemnity against loss or damage to property from any cause, including loss of use and occupancy, against death or injury of any person, against employer's liability, against any act of any member, officer or employee of the corporation in the performance of the duties of such person's office or employment or any other insurable risk, as the board of directors, in its discretion, may deem necessary;
- (8) Accept donations, contributions, revenues, capital grants or gifts from any individual, association, public or private corporation, municipality or county of the state of Tennessee, the state of Tennessee or the United States government, or any agency or instrumentality of the state of Tennessee or the United States, for or in aid of any of the purposes of this chapter and enter into agreements in connection with the donations, contributions, revenues, capital grants or gifts;
- (9) Invest money of the corporation in investments that would be eligible investments for a municipality or county in the state and name and use depositories for its money with a bank or trust company which is a member of the Federal Deposit Insurance Corporation;
- (10) Enter into contracts which do not violate § 29-17-102, for the management of or the sale of real property in the land bank; such power shall include the power to preserve the value or prevent diminution of the value of any such property until disposed of by the corporation, including the following actions:
- (A) Design, develop, construct, demolish, reconstruct, rehabilitate, renovate, relocate, and otherwise improve real property or rights or interests in real property;
- (B) Fix, charge and collect rents, fees and charges for the use of real property of the land bank and for services provided by the corporation;
- (C) Grant or acquire a license, easement, lease, as lessor and as lessee, or option with respect to real property in the land bank; and
- (D) Enter into limited partnerships, limited joint ventures and other limited collaborative relationships with local governments and other public and private entities within the designated boundary for the ownership, management, development, and disposition of real property;
- (11) Do all other things necessary or convenient to achieve the objectives and purposes of the corporation related to the real property held in the land bank; and
- (12) Bid at a tax sale conducted pursuant to title 67, chapter 5, subject to the same procedures and requirements applicable to other bidders. In addition, the corporation may negotiate and complete purchases and leases of parcels purchased at tax sales by counties and cities, subject to the same procedures and requirements applicable to other governmental entities.
History (3)
- Acts 2012, ch. 1096, § 1
- 2014, ch. 793, § 3
- 2024, ch. 967, § 9.
§ 13-30-110. Acquisition and maintenance of real property and interests in real property. - (a) The corporation may acquire real property or interests in real property for the land bank by gift, devise, transfer, exchange, foreclosure, purchase, or otherwise on terms and conditions and in a manner the corporation considers proper.
- (b) The corporation may acquire real property by purchase contracts, lease purchase agreements, installment sales contracts or land contracts, and may accept transfers from municipalities or counties upon such terms and conditions as agreed to by the corporation and the local government.
- (c) The corporation shall maintain all of its real property and real property held in the land bank in accordance with state law and the laws and ordinances of the jurisdiction in which the real property is located.
- (d) The corporation shall not own or hold real property located outside the jurisdictional boundaries of the local governmental entity or entities that created the corporation; provided, however, that the corporation may be granted authority pursuant to an intergovernmental cooperation agreement with another municipality or county to manage and maintain real property located within the jurisdiction of such other municipality or county.
- (e) Except as provided in § 13-30-120, notwithstanding any other law to the contrary, any municipality or county may convey to the corporation real property and interests in real property on such terms and conditions, and according to such procedures, as determined by the legislative body of the local government conveying the real property to the corporation.
- (f)
- (1) The corporation may provide written notice to the clerk and master in advance of any delinquent property tax sale auction held pursuant to § 67-5-2005(b) that it wishes to enter the minimum bid for cash for any parcel advertised for sale in such auction, and such minimum bid shall preempt all other bids for said parcel, and the local land bank shall be the prevailing bidder.
- (2) If a party other than the local land bank submits a bid for an amount greater than the minimum bid submitted by the local land bank pursuant to subdivision (f)(1), the high bidder is the prevailing bidder, and the local land bank may, within two (2) business days from the close of the tax sale auction, submit and deposit with the clerk of the court a revised bid for the parcel in an amount equal to, or greater than, the bid amount submitted by the high bidder. If the local land bank submits an equal or higher bid for the parcel within two (2) business days of the close of the tax sale auction, then the local land bank is the prevailing bidder. This subdivision (f)(2) does not alter or modify the redemptive rights of any party pursuant to title 66, chapter 8.
- (3) This subsection (f) only applies in counties having a population greater than nine hundred thousand (900,000), according to the 2020 or a subsequent federal census.
- (g) Commencing upon the date of transfer of any real property from a land bank to a taxable person or entity, if approved by local government, the land bank shall be entitled to receive payments from the local government equal to fifty percent (50%) of real property taxes collected by the local government for a period of five (5) years.
History (4)
- Acts 2012, ch. 1096, § 1
- 2014, ch. 793, § 5
- 2018, ch. 779, § 6
- 2024, ch. 967, § 10.
§ 13-30-111. Corporation to hold property — Maintenance and availability of inventory of real property — Policies and procedures regarding consideration to be received for transfers of property — Hierarchical ranking of priorities for use — Voting and approval requirements. - (a) The corporation shall hold in its own name all real property acquired by the corporation for the land bank irrespective of the identity of the transferor of such property.
- (b) The corporation shall maintain and make available for public review and inspection an inventory of all real property held for the land bank. In addition to referrals to public access, routine, printed, real property records or those on municipal and county electronic database files, the corporation is authorized to maintain an independent, publically available, electronic inventory via the creating local government or local government's website with any combination of pictures, informal descriptions, legal descriptions and addresses as the board may deem appropriate to its purposes related to real property in the land bank. The corporation is obligated to make reasonable efforts to ensure that information contained in any independent, electronic inventory is practically accurate or to ensure that a prominent disclaimer of accuracy is prominently displayed to any potential viewer.
- (c) The corporation shall determine and set forth in policies and procedures of the board of directors, the general terms and conditions for consideration to be received for the transfer of real property and interests in real property, which consideration may take the form of monetary payments and secured financial obligations, covenants and conditions related to the present and future use of the property, contractual commitments of the transferee, and such other forms of consideration as determined by the board of directors to be in the best interest of the corporation related to real property in and for the land bank.
- (d) The corporation may convey, exchange, sell, transfer, lease as lessee, grant, release and demise, pledge and hypothecate any and all interests in, upon or to real property of the land bank, to the extent authorized by the legislative body of the creating local government or local governments and in a manner which does not violate § 29-17-102.
- (e) The legislative body of the local government or local governments creating the corporation are authorized to establish a hierarchical ranking of priorities for the use of real property conveyed to the corporation for the land bank including, but not limited to:
- (1) Use for purely public spaces and places;
- (2) Use for affordable housing;
- (3) Use for retail, commercial and industrial activities; or
- (4) Use as wildlife conservation areas, and such other uses and in such hierarchical order as determined.
- (f) The creating local government or local governments are authorized to require that any particular form of disposition of real property, or any disposition of real property located within specified jurisdictions which is held by the corporation in the land bank, be subject to specified voting and approval requirements of the board of directors. Except and unless restricted or constrained in this manner, the board of directors may delegate to officers and employees the authority to enter into and execute agreements, instruments of conveyance and all other related documents pertaining to the conveyance of real property held by the corporation as real property for the land bank.
History (1)
- Acts 2012, ch. 1096, § 1.
§ 13-30-112. Keeping of minutes and records — Reports — Annual audit. - (a) The board shall cause minutes and a record to be kept of all its proceedings and such records shall be available for timely public inspection. All meetings shall be open to the public with appropriate notice published in accordance with § 13-30-107(d).
- (b) The board shall publish a report on an annual basis to its creating local government or local governments. This annual report must contain a detailed financial accounting of the corporation's debt obligations, income (sources and amounts), properties, dispositions, expenditures, acquisitions, contracts (executed and pending within the next ninety (90) days), significant activities and other data as required by organizational bylaws and governance documents. This report shall be maintained on file for audit purposes and immediately available to the department of audit in the office of the comptroller of the treasury upon request. Additionally, all such reports shall be available for public inspection.
- (c) The board of directors of the corporation shall cause an annual audit to be made of the books and records of the corporation. With prior approval of the comptroller of the treasury, the audit may be performed by a licensed certified public accountant selected by the corporation. If a licensed certified public accountant is employed, the audit contract between the corporation and the licensed certified public accountant shall be on contract forms prescribed by the comptroller of the treasury. The cost of any audit shall be paid by the corporation. The comptroller of the treasury, through the department of audit, shall be responsible for determining that the audits are prepared in accordance with generally accepted government auditing standards and that the audits meet the minimum standards prescribed by the comptroller of the treasury.
- (d) In the event the governing body of the corporation fails or refuses to have the audit prepared, then the comptroller of the treasury may appoint a licensed certified public accountant, or direct the department of audit, to prepare the audit, the cost of the audit to be paid by the corporation.
- (e) A copy of the annual audit referenced in subsection (c) shall be filed annually with the creating local government or local governments.
History (1)
- Acts 2012, ch. 1096, § 1.
§ 13-30-113. Dissolution of corporation. - A corporation created pursuant to this chapter may be dissolved in the manner established by the creating local government or local governments or otherwise in accordance with general law for the dissolution of a public corporation.
History (1)
- Acts 2012, ch. 1096, § 1.
§ 13-30-114. Conflicts of interest. - No member of the board or employee of a corporation shall acquire any interest, direct or indirect, in real property acquired or held by the corporation. No member of the board or employee of the corporation shall have any interest, direct or indirect, in any contract or proposed contract for materials or services to be furnished or used by the corporation. The board may adopt supplemental rules and regulations addressing potential conflicts of interest and ethical guidelines for members of the board and employees of the board or corporation.
History (1)
- Acts 2012, ch. 1096, § 1.
§ 13-30-115. Liberal construction - This chapter shall be construed liberally to effectuate the legislative intent and the purposes as complete and independent authorization for the performance of each and every act and thing authorized by this chapter, and all powers granted shall be broadly interpreted to effectuate the intent and purposes and not as a limitation of powers. Except as otherwise expressly set forth in this chapter, in the exercise of its powers and duties under this chapter and its powers relating to property held in the land bank, the corporation shall have complete control as fully and completely as if it represented a private property owner and shall not be subject to restrictions imposed by the charter, ordinances or resolutions of a local unit of government.
History (1)
- Acts 2012, ch. 1096, § 1.
§ 13-30-116. Exemption from state taxes — Payment of unpaid taxes — Proceeds of sales — Revenue. - (a) In accordance with §§ [former] 67-5-2505 [repealed], 67-5-2507, 67-5-2508, [former] 67-5-2509 [repealed], and [former] 67-5-2514 [repealed], the corporation is exempt from any state taxation.
- (b) Additionally, the corporation has the power to pay any unpaid taxes due and owing by the owner of record of the real property, or make any government mandated improvements to the property.
- (c) All proceeds from the sale of real property held in the land bank shall be returned to the corporation.
- (d) All corporate revenue shall be held by the board of directors, and proceeds shall only go to furthering the aims of the acquisition and/or resale of real property by the corporation for the land bank.
History (2)
- Acts 2012, ch. 1096, § 1
- 2024, ch. 967, § 11.
§ 13-30-117. Action to quiet title. - (a) A corporation shall be authorized to file an action to quiet title as to any real property in which the corporation has an interest. For purposes of any and all such actions, the corporation shall be deemed to be the holder of sufficient legal and equitable interests, and possessory rights, so as to qualify the corporation as adequate complainant in such action.
- (b) Prior to the filing of an action to quiet title, the corporation shall conduct an examination of title to determine the identity of any and all persons and entities possessing a claim or interest in or to the real property. Service of the complaint to quiet title shall be provided to all such interested parties by the following methods:
- (1) Registered or certified mail to such identity and address as reasonably ascertainable by an inspection of public records;
- (2) In the case of occupied real property by registered or certified mail, addressed to “occupant”;
- (3) By posting a copy of the notice on the real property;
- (4) By publication in a newspaper of general circulation in the municipality in which the property is located;
- (5) By electronically publishing notices with addresses and descriptions via the municipality's website; and
- (6) Such other methods as the court may order.
- (c) As part of the complaint to quiet title, the corporation shall file an affidavit identifying all parties potentially having an interest in the real property, and the form of notice provided.
- (d) The court shall schedule a hearing on the complaint within ninety (90) days following filing of the complaint, and as to all matters upon which an answer was not filed by an interested party, the court shall issue its final judgment within one hundred twenty (120) days of the filing of the complaint.
- (e) A corporation shall be authorized to join in a single complaint to quiet title one (1) or more parcels of real property.
History (1)
- Acts 2012, ch. 1096, § 1.
§ 13-30-118. Appeal procedure — Appeals committee. - (a) The creating local government or local governments shall establish an appeal procedure as described in this section for any person aggrieved by the decision of the corporation with respect to real property proposed for acquisition or acquired by, held and disposed of by the corporation for the land bank.
- (b) The legislative body of the local government is authorized to create an appeals committee or a joint appeals committee if more than one (1) local government created the corporation. Any person aggrieved by the decision of the corporation concerning any aspect of this chapter may obtain review of the official's decision by requesting an appeal of the decision of the official in written form to the appeals committee within ten (10) days of the date of the official's decision.
- (c) The appeals committee shall hear the appeal within thirty (30) days of the written request for appeal.
- (d) The appeals committee shall consider the appeal and render a decision on all hearings within thirty (30) days of the hearing date, unless the hearing is continued from time to time by a majority vote of the committee for further information.
- (e) The appeals committee shall act as a quasi-judicial body whose purpose is to determine whether the corporation followed proper and authorized procedures related to the acquisition or disposal of real property held in the land bank, its applicability to the appellant, and to rule upon the actions of the official. The appeals committee shall not be bound by formal rules of evidence applicable to the various courts of the state.
- (f) Hearings before the appeals committee shall proceed as follows:
- (1) The corporate official shall explain the official's decision and the reasons for the official's decision related to the real property at issue;
- (2) The appellant shall explain the appellant's reasons for protesting the decision of the official;
- (3) The appeals committee may request further information from any corporate official. The appeals committee shall not have the power of subpoena;
- (4) The appeals committee shall deliberate and render a decision by a majority vote as to whether the official acted appropriately in making the decision. The decision shall also include a recommendation for appropriate legislative action to be taken by the local government, if any is required or recommended, to remedy the issue in accordance with the decision rendered by the appeals committee;
- (5) Decisions will be reduced to writing and copies shall be sent to all parties, including the legislative body of the local government or local governments, as appropriate, and shall become a part of the minutes of the appeals committee and the appropriate legislative body;
- (6) Decisions of the appeals committee shall be final.
History (1)
- Acts 2012, ch. 1096, § 1.
§ 13-30-119. Monitoring of corporation by comptroller of the treasury. - (a) The comptroller of the treasury shall monitor the actions of the corporation for a period of three (3) years from the date the corporation is created.
- (b) No later than March 1st following the end of the third year of the creation of the corporation, the comptroller shall file a report with the governor and the state and local government committee of the senate and the local government committee of the house of representatives with recommendations concerning whether the pilot project should be continued, expanded or discontinued, together with recommended legislative actions based on such decision.
History (2)
- Acts 2012, ch. 1096, § 1
- 2013, ch. 236, § 67.
§ 13-30-121. Chapter exclusions. - This chapter does not apply to:
- (1) Liens securing the payment of property taxes, interest thereon, and court costs in proceedings to enforce the lien;
- (2) Tax sales conducted pursuant to title 67, chapter 5;
- (3) Parcels sold or ordered by a court to be sold at tax sales; or
- (4) A requirement or provision set out in title 67.
2024 Tennessee Code Unannotated