2023 Tennessee Code › Title 64 - REGIONAL AUTHORITIES (§§ 64-1-101 — 64-11-101) › Chapter 9 - MEGASITE AUTHORITY OF WEST TENNESSEE ACT OF 2021 (§§ 64-9-101 — 64-9-115) › Section 64-9-109 - Zoning and subdivision

(a)
The property within the megasite is not subject to local land use regulations. The property within the megasite must only be used for one (1) or more permitted uses. The authority shall not permit within the megasite a use that the authority deems noxious; provided, that recycling batteries or other materials used or associated with the operation of a project must not be deemed inherently noxious and may be permitted by the authority.
(b)
Prior to constructing improvements to the property within the megasite, a site plan for the proposed improvements must be approved by the authority. The authority may impose reasonable setbacks, parking and loading requirements, height limitations, landscaping and buffering requirements, screening requirements, limitations on storage of materials, stormwater quantity and quality requirements, and other requirements consistent with the purposes set forth in this chapter.
(c)
Any subdivision of property within the megasite for the purpose of sale or building development must be approved by the authority prior to recording the subdivision. Approval by a regional, county, or municipal planning commission is not required. A conveyance of a portion of the property within the megasite in violation of this section is void.
(d)
The transfer of fee title of property or a portion thereof within the megasite by this state constitutes a change in zoning for the purposes of §
13-7-208(b)-(d)
.
(e)
A use or improvement of property approved by the authority pursuant to this section does not constitute a nuisance to adjoining landowners for the purposes of §
13-7-208(c)-(d)
.
(f)
(1)
With respect to a person who violates a land use regulation adopted or established pursuant to this section, the authority may assess a civil penalty of not less than fifty dollars ($50.00) nor more than five thousand dollars ($5,000) per violation for each day of the continued violation. The authority shall provide each adverse party not less than ten (10) days' written notice prior to assessing a penalty under this subdivision (f)(1).
(2)
In assessing a civil penalty, the authority may consider the following factors:
(A)
The harm to public health or safety or to the environment;
(B)
Whether the civil penalty imposed will be a substantial economic deterrent to future violations;
(C)
The economic benefit gained by the violator;
(D)
The violator's effort to remedy the violation;
(E)
Unusual or extraordinary enforcement costs incurred by the authority;
(F)
The amount of a penalty established by a board resolution for specific categories of violations; and
(G)
The equities of the situation that outweigh the benefit of imposing a penalty.
(3)
(A)
A person who is assessed a civil penalty may secure a review of such order by filing a petition with the authority not more than ten (10) business days after the levy of the civil penalty, setting forth the grounds and reasons for such person's objections and asking for a hearing in the matter involved before the board.
(B)
If a person files a timely petition for review of a penalty under subdivision (f)(3)(A), the board shall grant the petitioner forty-five (45) days to provide proof satisfactory to the board that the petitioner cured, remediated, mitigated, or took other corrective action to resolve the circumstances that were the basis of the penalty. After the forty-five-day period has tolled, the board shall consider the actions of the petitioner and issue a final order upholding the initial civil penalty, reducing the civil penalty, or vacating the civil penalty.
(C)
A party aggrieved by an order of the board under subdivision (f)(3)(B) may file an appeal of the decision with the board not later than ten (10) business days after the decision is final.
(D)
(i)
An appeal filed under subdivision (f)(3)(C) must be conducted as a contested case and must be heard before an administrative judge sitting alone pursuant to §§
4-5-301(a)(2)
and
4-5-314(b)
, unless settled by the parties.
(ii)
The administrative judge to whom the case has been assigned shall convene the parties for a scheduling conference within thirty (30) days of the date the appeal is filed.
(iii)
The scheduling order for the contested case issued by the administrative judge must establish a schedule that results in a hearing being completed within sixty (60) days of the scheduling conference, unless the parties agree to a longer time or the administrative judge allows otherwise for good cause shown.
(iv)
An initial order must be issued within thirty (30) days of completion of the hearing. The administrative judge's initial order, together with earlier orders, if any, issued by the administrative judge, become final pursuant to §
4-5-315
, unless appealed to the chancery court of Madison County not less than ten (10) business days after the issuance of the order in accordance with §
4-5-322
.
(4)
If a petition for review of a civil penalty is not filed with the authority within ten (10) days after the civil penalty is served in a manner authorized by law, then the violator is deemed to have consented to the civil penalty, which consent becomes final.
(5)
Whenever a civil penalty becomes final because of a person's failure to appeal the civil penalty, the authority may apply to the chancery court of Madison County for a judgment and seek execution of such judgment. The court, in such proceedings, shall treat the failure to appeal such civil penalty as a confession of judgment.
Added by 2021EX2 Tenn. Acts, ch. 1, s 1, eff. 11/3/2021.