13-3-201 - Community planning commissions Planning regions and commissions for unincorporated communities Training and continuing education.

13-3-201. Community planning commissions Planning regions and commissions for unincorporated communities Training and continuing education.

(a)  The department of economic and community development is authorized, in accordance with part 1 of this chapter, to create planning regions for unincorporated communities, to define the boundaries of such regions, and to create and establish regional planning commissions for such unincorporated communities in the state. Any region so defined shall not exceed ten square miles (10 sq. mi.) in area, nor shall the region contain less than five hundred (500) inhabitants. Such regional planning commissions shall be known as “community planning commissions.” Before such a community planning commission shall be granted the powers and duties as set forth in § 13-3-202, the department shall have received a petition signed by at least one hundred (100) householders or freeholders of such a community requesting that such a community commission be created.

(b)  (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 (b)(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 (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 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 county 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 (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 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 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 (b) or fails to file the statement required by this subsection (b) then this shall constitute a cause for the removal of the planning commission member from the planning commission.

     (9)  The legislative body of the county may, at any time, opt out of the provisions 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.

[Acts 1939, ch. 158, § 2; C. Supp. 1950, § 3291.24 (Williams, § 552.24b); impl. am. Acts 1972, ch. 542, § 15; T.C.A. (orig. ed.), § 13-210; Acts 2002, ch. 862, § 3; 2009, ch. 47, §§ 4-6.]