Subdivision Regulations

Transcription

1 Subdivision Regulations Of Colbert County Amended February 7, 2017

2 Table of Contents Page Article I General Provisions 3 Article II Approval of Subdivision Plats 7 Article III Plat Requirements 12 Article IV Design Standards 15 Article V Required Bonds 27 Article VI Variances 28 Appendix I Sample Certificates 29 Appendix II Subdivision Flowchart 37 Sample Forms Appendix III Amendments 42 Appendix IV Acceptance of Roads for Maintenance 46 Appendix V Applicable State Laws 48 Appendix VI Typical Sections 57 2

3 ARTICLE I. GENERAL PROVISIONS Section 1:01 Authority Under the authority of the Code of Alabama, Title 11, and as amended by Act , Acts of the Legislature, State of Alabama, 1997 which act is hereby made a part of these regulations, the Colbert County Commission at its meeting of February 3, 1998 adopted the following revised regulations. Section 1:02 Jurisdiction From and after the date of February 3, 1998, these regulations shall govern each and every subdivision of land in all areas of the county as now or hereafter established outside the boundaries of municipal corporations; provided however, that where a municipality now or in the future is authorized to exercise and in fact does exercise subdivision control outside its municipal boundaries, such areas shall be required to meet the stricter of the regulations as set forth by the governing bodies. Section 1:03 Separability and Severability The provisions of this Act are severable. Should any article, section, subsection or provision of these regulations be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not effect the validity or unconstitutionality of these regulations as a whole or any part thereof other than the part so declared to be invalid or unconstitutional. Section 1:04 Amendments The Colbert County Commission may from time to time adopt amendments to these regulations in an effort to increase the effectiveness of said regulations or expedite the approval of subdivision plats. Section 1:05 Definitions ADT (Average Daily Traffic): Total volume of vehicles during a given 24 hr. period, as measured during a non-holiday weekday. Alley: Any public right-of-way designed primarily for vehicular access to the back of premises otherwise abutting on a street. Application Assembly: The packet of materials that the developer is required to submit with his or her application for proposed plat approval. Curb or Curb Line: The inside vertical face of a masonry curb, the centerline of a valley gutter, or the edge of pavement where no curb or gutter exist. 3

4 Cul-de-sac: A special turning area at the end of a dead end street. Dedication: The deliberate assignation of land by its owners for any general or public uses, reserving to himself no other rights than such are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. Developer: Any individual, firm, association, syndicate, co-partnership, corporation, trust or any other legal entity commencing proceedings under these regulations to effect a subdivision of land hereunder for himself or for another. Family Subdivision: A subdivision of land among immediate family members. Final Plat: The completed subdivision plat in form for approval and recording. Flood, One Hundred (100) Year: A flood that has, on average, a one (1) percent chance of being equaled or exceeded in any given year. Flood, Ten (10) Year: A flood that has, on average, been equaled of exceeded at a frequency of once every ten (10) years. Flood, Twenty-Five (25) Year: A flood that has, on average, been equaled of exceeded at a frequency of once every Twenty-Five (25) years. Hardship: An unusual situation on the part of an individual property owner, which will not permit the full utilization of property. A hardship exists only when it is not self-created. Immediate Family Member: As defined in Blacks Law Dictionary, a person s parents, spouse, children, and siblings. Improvements bond: a contract between the developer, Colbert County and the surety guarnteeing the construction of the subdivision as shown in the submittal. Licensed Engineer: An engineer properly licensed and registered in the State of Alabama in good standing with the Alabama State Board of Licensure for Professional Engineers and Land Surveyors Licensed Land Surveyor: A land surveyor properly licensed and registered in the State of Alabama in good standing with the Alabama State Board of Licensure for Professional Engineers and Land Surveyors. License Inspector: The person or persons appointed by the County Commission to enforce the county s subdivision regulations pursuant to Code of Alabama 1975, , utilizing the authority granted to a license inspector under Code of Alabama 1975, Maintenance bond: a contract between the developer, Colbert County and the surety guaranteeing the quality of work in the completed subdivision. 4

5 PRE-SALE AGREEMENT: An agreement between a developer and a prospective purchaser evidencing interest in purchasing a lot within a subdivision development in the event the proposed subdivision plan is approved by the county pursuant to Code of Alabama 1975, et seq. and these regulations. A pre-sale agreement is not a contract to purchase and shall clearly state that no final sale of the property shall take place until and unless the developer fulfills the requirements set out in Code of Alabama 1975, Probate Judge: The Judge of Probate of Colbert County, Alabama Permit to Develop: An instrument issued by the County Engineer following approval of a proposed plat by the County Commission and which authorizes the developer to proceed with the development of the subdivision. Planned Development A subdivision of land consisting of one or more buildings, sites, or units which is not subdivided into customary lots, blocks, or streets and thus is contained on one common parcel. This type of development shall not only be on a common parcel but shall also have a common owner who shall be responsible for all infrastructure and drainage within the development. A building footprint shall be the maximum boundary allowed to be transferred, sold, or leased in this type of development. Proposed Plat: A tentative plat of the proposed subdivision to be submitted to the County Engineer for consideration, and approval of the County Commission. Roadbed: The graded portion of a road or street within the top and side slopes prepared as a foundation for the pavement structure and shoulders. The surface of the roadbed is the subgrade. Roadway: That portion of a street between the regularly established curb lines, or that part of a street devoted to vehicular traffic. Surety: A company who agrees to be responsible for the debt or obligation of another when there is some public or private interest which requires protection from the consequences of the principal's default or delinquency. Said Surety shall be a surety company licensed to do business in the State of Alabama. Sidewalk Area: That portion of a street not included in the roadway devoted in whole or in part to pedestrian traffic. Sketch Plan: Drawing submitted prior to the preparation of the Proposed Plat (or Final Plat in cases of minor subdivisions) to enable the applicant to save time and expense in reaching a general agreement with the County Engineer as to the form of the plat and the objectives of these regulations. Subdivider: Any person who (1) having an interest in land, causes it directly or indirectly, to be divided into a subdivision or who (2), directly or indirectly sells, leases, or develops, or offers to sell, lease, or develop, or advertises for sale, lease, or development, any interest, lot parcel, site, unit, or plat in a subdivision, or who (3), is 5

6 employed by or directly or indirectly controlled by, or under direct, or indirect common control with any of the foregoing. Subdivision: The division of a lot, tract, or parcel of land into two (2) or more lots, plats, sites or other division of land, whether described by metes and bounds or by any other description, for the purpose, whether immediate or future, of sale or of building development. It includes re-subdivision and, when appropriate to the context, relates to the process of subdividing or to the land or territory subdivided. Subdivision Jurisdiction: All areas outside the corporate limits of any municipality in Colbert County, except areas within the territorial jurisdiction of a municipal planning commission presently organized and functional or which shall become organized and functional within six months of February 3, Subdivision, Major: All subdivisions or Planned Development not classified as a minor subdivision. Subdivision, Minor: Any subdivision or Planned Development with parcels or lots five (5) acres or less fronting on an existing county road that does not involve any new street (or road) or the extension of public utilities and does not require the creation of any public improvements, and does not, in the opinion of the developer's licensed engineer with the concurrence of the County Engineer, create any additional storm water runoff. Variance: Permission to depart from the literal requirements of these subdivision regulations by virtue of unique hardship due to special circumstances regarding property to be developed. A waiver of the strictest letter of the regulations upon substantial compliance without sacrificing the spirit and purpose of the regulations. Watercourse: Any depression serving to give direction to a flow of water, having a bed and defined banks. The definition shall also include other generally or specifically designated area where flooding may occur. The flow of water need not be on a continuous basis, but may be intermittent resulting from surface runoff of precipitation. Section 1:06 TITLE The regulations shall hereafter be known, cited and referred to as the Subdivision Regulations of Colbert County, Alabama. Section 1:07 FEES Colbert County has established the following schedule of fees, as authorized under Code Alabama-1975 Section , to cover costs associated with the inspection and review of subdivision developments. The total fee is dependent on the type of subdivision (as defined in Section 2:09) and is a guide as to the charges that will be incurred by the developer. The developer is responsible for all charges, including inspection and testing, incurred by the county during the subdivision approval process. 6

7 Section 1:08 ENFORCEMENT AND VIOLATION Pursuant to authority granted under Code of Alabama (d), the Colbert County Commission shall enforce the provisions of these regulations by the issuance of citations issued by a county license inspector appointed by the Colbert County Commission to enforce these regulations. Acting under authority granted in Code of Alabama (d) and , the county license inspector may issue a citation for the failure to properly obtain the permit to develop required under Section 2:06 and/or for any other violations of these regulations or of Code of Alabama 1975, et seq. As authorized by Code of Alabama (a), the fine for noncompliance of any provisions of these regulations shall be $1000 per lot that has been sold, offered for sale, transferred, or leased. A separate citation shall be issued for each violation. All fines shall be paid to the office of the judge of probate within thirty (30) days of the issuance of a citation by the county inspector, and all fines shall be doubled upon the failure to remit the fine within thirty (30) days of the issuance of the citation. In addition to the issuance of citations for violation of these regulations, the County Commission retains the right to seek an injunction against any developer or owner who fails to comply with these regulations as provided in Code of Alabama 1975, (b), and may bring action against a developer or owner to compel compliance with these regulations in the event that work on the subdivision has been completed in violation of these regulations and the requirements of Code of Alabama 1975, et seq. ARTICLE II APPROVAL OF SUBDIVISION PLATS Section 2:01 Approval of Subdivision Plats This section details the general steps necessary to achieve approval of a subdivision in Colbert County. A flow chart is included in Appendix II further outlining this process. Except as specifically provided in Section 2:01(a), no lots within a proposed subdivision may be offered to the public for sale, transfer, or lease before the proposed plat approval has been granted and a permit to develop has been obtained as set out in Section 3-6. It shall be a violation of these regulations and Code of Alabama 1975, et seq. for the developer to file or have filed any plat, deed, property description, or document of property transfer without full compliance with these regulations and Code of Alabama 1975, SECTION 2:01(a) AUTHORITY FOR PRE-SALE AGREEMENTS As provided in Code of Alabama 1975, , the county engineer may authorize a developer to secure pre-sale agreements from prospective buyers of property included in a 7

8 proposed subdivision development prior to obtaining the permit to develop required in Section 3-6 under the following circumstances: (1) The developer submits a sketch plan as a preliminary plan for the proposed subdivision development as set out in Section 2:06, (2) The county engineer is satisfied that the developer s preliminary plan is likely to be approved under these regulations, and (3) The developer has explained to the satisfaction of the county engineer the reasons for requesting authorization to secure pre-sale agreements. Any pre-sale agreements entered into between the developer and a prospective buyer pursuant to authorization granted under this section shall clearly state that any final sale of property shall not take place until and unless the developer has fulfilled all the requirements of Code of Alabama 1975, Any developer who obtains authority to pursue pre-sale agreements prior to receiving plat approval and the permit to develop shall notify the county engineer in writing once financing for the subdivision development project has been secured. The developer shall then comply with the process for approval of the proposed subdivision plat and obtaining a permit to develop as required in these regulations and Code of Alabama 1975, et seq. No final sale of property that is the subject of a pre-sale agreement authorized under this section shall take place until and unless the developer has complied with all the requirements in Code of Alabama 1975, The authorization to pursue pre-sale agreements shall be revoked by operation of law six months after the date granted by the county engineer unless the developer requests an extension of time. No pre-sale agreements may be entered into following the expiration of the six month period until and unless extended by the county engineer. Any pre-sale agreements executed without the developer obtaining authorization to pursue such agreements as provided herein shall be a violation of this section and Code of Alabama 1975, Such violation shall be punishable by fines as set out in Section 1:08 and Code of Alabama 1975, Additionally, the county engineer may revoke any authorization granted to the developer to secure pre-sale agreements in the event there is any failure to comply with this section. Section 2:02 Sketch Plan Whenever the subdivision of a tract of land is proposed within the jurisdiction of these regulations, the developer, or subdivider, is urged to consult early and informally with the County Engineer. The subdivider may submit sketch plans and data showing existing conditions within the site and in its vicinity along with the proposed layout and development of the subdivision. The purpose of this sketch plan review is to afford the subdivider an opportunity to avail himself of the advice and assistance of the County Engineer in order to facilitate the subsequent preparations and approval of plans. Section 2:03 Proposed Plat Submission Following sketch plan review or in the event the subdivider does not submit a sketch plan for review, the subdivider shall submit a complete Application Assembly to the county engineer for review of the proposed plat. The application shall be submitted at least 30 days prior to any consideration for proposed plat approval by the County 8

9 Commission. The Proposed Plat Application Assembly shall include each of the following: (1) A letter stating that the proposed plat is being submitted for review. This letter shall state the developer's intent as to the final ownership of any new roads included on the proposed plat if applicable. (The developer is reminded to refer to Appendix IV for the County Road Acceptance Policy; Acceptance of roads for maintenance) (2) Application for Proposed Plat Review; (Appendix II) (3) At least eight (8) copies of the proposed plat prepared in accordance with the requirements detailed in Section 3:01 of these regulations; (4) Construction Plans for all required improvements prepared in accordance with the requirements detailed in Article IV of these regulations (Major Subdivisions only); (5) A letter from the Health Department detailing field review by the Health Department for the general lot layout has been completed; (6) Any variances requested accompanied by detailed supporting documentation; (7) The names and addresses of each adjoining landowner and utility entitled to notice pursuant to Code of Alabama 1975, (b); and (8) Letter stating that all off site drainage has been considered and that no adverse effects from the development of this subdivision are expected. (9) The application fee of $ (10) Engineers Certificate Failure to submit a complete Proposed Plat Application Assembly Initially shall delay the consideration of such plat for approval by the County Engineer and the County Commission. Section 2:04 Review by County Engineer The County Engineer shall use this minimum thirty (30) day period to review the submitted Application Assembly and ensure its compliance with these regulations. In the event the Application Assembly does not meet these regulations, the County Engineer shall notify the developer that it is deficient. No further action will be taken by the County Commission or County Engineer until and unless the developer shall correct the deficiencies and resubmit the corrections to the County Engineer for his approval. If upon completion of the review the County Engineer determines that the Application Assembly complies with these regulations, he or she shall notify the developer in writing to that effect. The County Engineer shall also send proper notice of his/her recommendation for approval, as required in Code of Alabama 9

10 1975, (b), to each of the adjoining landowners and the affected utilities submitted by the developer. In the event the proposed subdivision is a major subdivision, the County Engineer shall require the developer to submit a detailed construction estimate covering all proposed infrastructure for approval. Once the County Engineer receives and approves this detailed construction estimate, the developer shall be required to provide an acceptable surety to Colbert County equal to 150% of the estimated cost of installing all improvements, including, but not limited to, grading, paving of the streets, and installation of all required utilities and fees encountered during execution of improvements. Section 2:05 County Commission Approval of Proposed Plat Once the County Engineer verifies that the Application Assembly meets the County Regulations and, if applicable, the developer provides the required surety, the Proposed Plat shall be submitted to the County Commission for their approval at the next regularly scheduled County Commission meeting. Pursuant to Code of Alabama 1975, (b), the County Commission shall approve the proposed plat in the event that the County Engineer has determined that the proposed plat meets these regulations. Section 2:06 Permit to Develop Following the approval of the Proposed Plat by the County Commission, the County Engineer shall issue a "Permit to Develop" for the Proposed Plat. The Permit to Develop allows the developer to proceed with construction of the development in compliance with these regulations. Additionally, the developer may offer lots in the proposed subdivision for sale, transfer, or lease pursuant to the requirements of Code of Alabama (c) and Section 2:07 Construction of Major Subdivision Once the permit to develop has been issued, the developer of a major subdivision may proceed with construction of the proposed subdivision in accordance with these regulations. The developer should refer to Article IV for detailed requirements pertaining to construction. The developer of a minor subdivision shall proceed in accordance with the requirements set out in Section 3:03 of these regulations. The developer shall have one (1) year from the date of issuance of the Permit to Develop to begin substantial work on the proposed development. If work does not begin within the one (1) year time frame, the proposed plat must be resubmitted to the County Engineer and County Commission for approval as if the plat had never been submitted. If any changes in the development plans of the approved proposed plat are required for any reason, the developer shall submit the proposed changes to the County Engineer prior to construction or implementation of the proposed changes. Approval of the County Engineer shall be required before any changes are constructed. Any 10

11 changes or deviations from the approved proposed plans prior to the County Engineer's approval shall be in violation of these regulations and shall be subject to removal or correction at the expense of the developer. Changes to the proposed subdivision construction plans that do not change the overall layout of the subdivision may be reviewed and approved by the County Engineer without the requirement of the proposed plat having to be resubmitted for approval by the County Commission. Any changes that do change the overall layout of the subdivision shall require the proposed plat to be resubmitted for approval by the County Commission. Section 2.08 Final Plat Approval A final plat shall be submitted to the County Engineer for approval of the proposed subdivision as follows: (1) Once an acceptable surety bond is provided as decided by the county in section 5:02 or upon completion and acceptance of the proposed construction, (2) Immediately following approval of the Proposed Plat for minor subdivisions. At the point that the final plat is submitted for approval, the developer shall comply with each of the following: (1) Remit all testing and inspection charges required under Section I:07 & 4:08(5) of these regulations as authorized in Code of Alabama (2) A final as-built set of plans; (3) The Final Plat as approved by the County Engineer prepared on a suitable permanent reproducible mylar, and (4) A letter from the Health Department certifying the compliance of the subdivision with their regulations. (5) Recording fee. Final plat approval does not include the acceptance of roads. If the developer desires to have the roads accepted into the county road system by the county commission, he or she shall comply with the procedures for road acceptance set out in Appendix IV. A maintenance bond shall be posted as required in Section 5:03(2). Developers of major subdivisions whose infrastructure has been constructed to be privately owned or county maintained, shall have their improvement bond released following satisfactory installation of all improvements. Once the final plat has been signed and recorded pursuant to these regulations and Code of Alabama 1975, (c), the developer may proceed with the actual sale, transfer, or lease of any lots, sites, etc. No building development shall take 11

12 place until the final plat has been recorded in the office of the Judge of Probate pursuant to these regulations and Code of Alabama 1975, (c). Section 2:09 Approval of Subdivisions, Re-subdivisions, and Exceptions (1) Approval required. Except as otherwise provided by these regulations, all subdivisions and planned developments shall be subject to the provisions of these regulations. No development activity or sale of land subdivided shall commence or proceed without written approval in accordance with these regulations. (a) A subdivision or Planned Development shall require approval by the County Commission. The County Commission may require additional items to be addressed depending on the scope and size of the development. With regard to Planned Developments, documentation shall be provided showing common ownership and maintenance responsibilities. (2) Exempt Subdivisions. Notwithstanding the preceding paragraph, the following subdivisions are exempt from the provisions of these regulations. The County Engineer may require documentation to substantiate any claim of exemption. Note: Exemption from the Subdivision Regulations in no way implies exemption from the Colbert County Floodplain Ordinance. (a) Subdivision of land by testamentary or intestate provisions. (b) Subdivision of land by court order including, but not limited to, judgments of foreclosure. (c) Transfer of land by the owner to an immediate family member. (d) Subdivision of a parcel of land which existed on August 1, 1997, as a single contiguous parcel and is not within a recorded subdivision which involves no roadway, drainage or other public improvements into no more than two parcels, including remnant parcels. (e) Subdivision of land wherein the size of each and every resulting portion of land equals or exceeds five (5) acres and involves no roadway, drainage or other public improvements, provided that each resulting parcel has a minimum of sixty (60) foot of frontage to an existing paved public road. (3) Minor subdivisions. A minor subdivision is the subdivision or re-subdivision of land, which is not within a recorded major subdivision, into no more than five parcels, including remnant parcels, and involves no roadway, drainage or other public improvements. (a) Procedure. Applications for approval of a proposed minor subdivision shall consist of a completed application form accompanied by a proposed plat and application fee. The proposed minor subdivision shall be processed in accordance with the procedures for final review and approval contained in these regulations. (b) Restriction. Each resulting parcel in a proposed minor subdivision, which is not a family subdivision, must provide a minimum of sixty (60) foot of frontage to a paved public road. (4) Major subdivisions. A major subdivision is any proposed subdivision or re-subdivision, which is not an exempt subdivision or a minor subdivision, as determined by the engineer in accordance with the above paragraphs. 12

13 (a) Amendments to recorded Final Plat. Amendments to the recorded Final Plat of a subdivision shall not require approval of the Colbert County Commission when such changes do not affect the layout or location of any roads, utility easements, or the perimeter boundary of the subdivision, provided that: (1) the design of the amended plat is otherwise in compliance with these regulations and (2) prior to recordation of the amended plat, the subdivider submits the proposed amended plat to the County Engineer. The County Engineer shall review the proposed amended plat to determine whether the proposed changes are of the type contemplated in this paragraph and whether the subdivision, as amended, will comply with these regulations. Upon making such determinations, the County Engineer shall issue a certificate, which may be printed on the amended plat, authorizing recordation of the amended plat. ARTICLE III. PLAT REQUIREMENTS Except as provided in Article II, Section 2:09(2), the following plat requirements shall apply. Section 3:01 Proposed Plat and Plans (1) The Proposed Plat shall show the following: (a) (b) (c) (d) Title, graphic scale, north arrow, date, and name and registration number of the surveyor. The scale shall be sufficient to accurately portray existing conditions and proposed improvements. Topography: Based on U.S. Geological Survey, or U.S. Coast and Geodetic Survey sea level datum. On grades of five percent (5%) or less, contours shall be shown at one (1) foot intervals. On grades between five percent (5%) and ten percent (10%), contours shall be shown at two (2) foot intervals. On grades greater than ten percent (10), contours shall be shown at five (5) foot intervals unless otherwise specified by the County Engineer. Names of all streets, highways, or roads. Names shall not be in conflict with other named streets or roads within the county, and will be approved as to name by the E-911 Board prior to recording of the final plat. Rights-of-way and Easements: The location, dimensions, and purposes of all easements shall be shown. All street or road right-of-way and roadway 13

14 pavement widths shall be shown. Approximate locations and dimensions will be permitted. (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) (p) (q) (r) (s) (t) (u) (v) (w) (x) (y) (z) (aa) Utilities: Location of existing or proposed utilities on or adjacent to the tract to be subdivided, including size and elevation. Lot lines, lot and block numbers, unit numbers, and approximate dimensions. Proposed Street Lights and Signs: Location, size and type. Location: Quarter section, section, township, and range with approximate ties to all existing quarter section or section corners within or close to the proposed subdivision. Exact boundaries of the tract of land being subdivided, shown with bearings and distances; Sufficient data to determine readily and reproduce on the ground the location, bearing, and length of every street line, lot line, boundary line, and block line, whether straight or curved, including the radius, central angle, point of tangency, tangent distance, and arcs and chords; the relation of the land so platted to the Government Survey of Colbert County; and Point of beginning as referred to in the written description; Wooded areas, marshes, and any other conditions affecting the site; The location of existing streets, buildings, water courses, railroads, transmission lines, drainage structures, jurisdiction lines, and any public utility easements on and adjacent to the tract being subdivided; The names and locations of adjoining subdivisions and streets, with reference to recorded plats by record name; Names and addresses of the owners of the property, including existing mortgages and Subdivider. Names and addresses of record owners of adjoining lots or parcels of land. Proposed minimum building setback lines; Proposed parks, school sites, or other public open spaces, if any; Size of required drains for each lot; Site data which includes acreage in total tract, smallest lot size, total number of lots, and linear feet of streets. Certificates of, or letter from the State and or County Health Department indicating their approval of the proposed water supply and sanitary facilities. Certificate of Licensed Land Surveyor and description of land platted. Certificate of Licensed Engineer's design and construction. Dedication by owner. A notary's acknowledgement of owner's dedication. Certificate of Approval by all involved utilities. Certificate of Approval by County Engineer. Certificate of Approval by the County Commission. 14

15 (bb) (cc) If any portion of the land of the proposed subdivision is subject to inundation by storm drainage, overflow, or ponding of local storm water, or if any area within or adjacent to the proposed subdivision is subject to inundation by the 100 year flood projections as defined by the County Floodplain Ordinance, such fact and portion shall be clearly shown and identified. Any other information that may be considered necessary by the County Engineer for full and proper considerations of the proposed subdivision. (2) The Plans, to include plan and profile drawings shall show the following: (a) The plan view shall show the proposed centerline alignment (to include all horizontal curves, and right-of-way), proposed drainage structures (to include drainage areas and coefficients), all easements (drainage and utility), and the location of proposed and existing utilities. (b) The profile view shall show existing ground line, proposed centerline profile (to include all proposed vertical curves), proposed storm sewer (to include size and grade on all pipe, inlets, junction boxes, etc.). (c) All off-site drainage (drainage onto the subdivision) shall be shown either on contour maps or on the plan view indicating the areas, in acres, that the subdivision will have to accommodate in its design. (d) All drainage structures such catch basins, inlets, junction boxes as well as curb and gutter shall be constructed in accordance with drawings submitted as part of the plans and approved by the County Engineer. (e) Typical Section showing proposed buildup. (f) Cross-sections taken at 100 ft. intervals or less as determined by the County Engineer. Section 3:02 Vicinity Sketch A vicinity sketch or key map shall be shown on, or accompany the proposed plat. This sketch or map shall show all existing subdivisions, streets and tract lines of 15

16 acreage parcels and right-of-way widths of all streets abutting the proposed subdivision. It shall also show how streets and alleys on the proposed subdivision may connect with existing and proposed streets and alley in neighboring subdivisions or undeveloped property to produce the most advantageous development of the entire neighboring area. Section 3:03 Final Plat The final plat shall be an original drawing in ink, on film and shall be referenced to an accepted section corner based on the U.S. Government Survey of the area. A resurvey of a part of a subdivision, previously referenced to an accepted section corner, may be referenced to the original survey. All items shown on the proposed plat shall be shown on the final plat except as provided below. Right-of-way lines, easements, and property lines shall be shown with accurate dimensions and bearings; deflection angles, radii, arcs, and central angle of all curves. (1) The final plat shall also show the following: (a) The purpose for which sites are dedicated or reserved, it being understood that any reservations of areas shall be subject to proper zoning and health codes if applicable. (b) The location and description of monuments. (Iron pins shall be designated by a small open circle at the point of installation) (c) Where a street or alley has been vacated, a note shall be shown on the plat indicating such and referring to the instruments of vacation by deed book and page number. (2) Additional Items to accompany the Final Plat are as follows: (a) If there are existing structures on land proposed to be subdivided, three copies of a survey lot plan showing the exact locations of such structure with their relation to the proposed subdivision shall accompany the final plat. (b) The final plat shall be accompanied by three copies of any protective covenants running with the land in the form of recording. (c) Engineers Certificate of Engineering Design and Construction. (d) One set of as built road construction plans prepared by the developers engineer. (e) On all plats whether there is a dedication of property for street purposes or not, a surveyors certificate is required. (f) Improvements Bond 16

17 (g) Maintenance Bond (not required for private subdivision) (1) TYPICAL SECTIONS ARTICLE IV. DESIGN STANDARDS Standard Section (Ditch) - See Appendix VI Curb Section- See Appendix VI (2) ROADS WITH LESS THAN 2500 ADT All streets shall be designed to conform to the Alabama Department of Transportation "County Road Design Policy, Design Criteria for New and Reconstructed Roadways and Bridges with less than 2,500 ADT (see Dot Web (3) ROADS WITH GREATER THAN OR EQUAL TO 2500 ADT All streets shall be designed to conform to AASHTO's "A Policy on Geometric Design of Highways and Streets". Any specifications for geometric design not covered by these regulations shall be governed by the applicable publication listed above. All proposed subdivisions shall conform to the local Zoning Ordinances in those areas where a Zoning Ordinance is in effect. Whenever a tract to be subdivided embraces any part of a highway, street, or road so designated on any county or city regional maintenance plan, such part of such proposed public way shall be platted by the same width as indicated in the design standards. The design standards of this Article shall be the minimum standards allowable for development. Standards greater than the minimum may be required by the County Commission or the County Engineer. The County Commission shall not grant any variance modification, or waiver of the requirements of this Article unless recommended by the County Engineer. 17

18 Section 4:01 Street Plan (1) All streets shall be platted along contour elevations, which will result in minimum grades and greater visibility wherever practical, with consideration given to the anticipated use of the land. (2) The proposed street layout shall be made according to good land planning practices for the type development proposed and shall be coordinated with the street systems of the surrounding areas. All streets must provide for the continuation or appropriate projection of principal streets in surrounding areas. (3) The platting of any land, the purpose of which is to deny access to rights-of-way is prohibited, except as otherwise provided herein. (4) Street right-of-way widths shall be dependent upon street design and classification. Adequate widths shall be provided to accommodate roadway construction and utility location. Residential subdivision streets carrying local traffic only will require a minimum sixty-foot (60 ) right-of-way. Commercial or industrial subdivision will require minimum eighty-foot (80 ) right-of-way; however wider rights-of-way may be required based upon examination of individual development proposals. Subdivisions along existing or dedicated or platted streets or roads where rights-of-way are inadequate shall provide additional rights-of-way to meet these minimum standards. (5) All public streets and access streets shall be paved. Base: The minimum thickness of the base material shall be six (6) inches of soil aggregate base and four (4) inches of crushed aggregate base (pug-mill mixed) or at the developers option ten (10) inches of crushed aggregate base (pug-mill mixed) may be used. Base material shall be placed full width of the roadbed and shall be approved by the County Engineer prior to incorporation. The County Engineer may require testing of any material proposed for use as a base. This testing shall be at the expense of the developer or contractor. Street Width: The minimum pavement widths (not including gutters) shall be twenty (20) feet. Greater pavement widths shall be required where projected traffic volumes warrant wider facilities. Curb and Gutter: Curb and gutter may be required by the County Engineer. The purposes for requiring curbs and/or gutters are drainage control, and reduction of 18

19 maintenance cost. Where curbs and gutter are required, a twenty-four (24) inch gutter with 6"curb will meet minimum standards. Valley gutter shall be used only at driveway entrances where locations are known in advance. Asphalt Surfacing: A plant mixed type paving shall be applied to all public streets. Minimum plant mix design for all residential streets shall be as follows: Or Binder lbs. per sq. yd. Seal lbs. per sq. yd. Sealed Surfacing: A surface treatment identified as a "KGG". The application shall comply with the latest edition of ALDOT's "Standard Specification for Highway Construction". Greater thickness may be required dependent upon street classification. Should any problem be encountered with the subgrade, base, or binder layers, or should much immediate construction traffic be projected following road construction, the County Engineer may require the placement of the seal course of plant mix be delayed for a minimum of six (6) months. If problems are encountered relative to pavement thickness, coring of the plant mix and base may be required. Any deficiencies found shall be corrected by the contractor / developer. Shoulders: Shoulders shall be a minimum of two (2) feet from back of curb or four (4) feet from the edge of pavement. Horizontal Alignment: Proposed design speeds shall be designated by the developer s Engineer on the plan and profile sheets submitted with the proposed plans. 19

20 Intersection Sight Distance US Customary Design Speed Distance for Left Turn Maneuver from (mph) Stop Intersection Sight distance is measured from a point on the minor road 15 ft. from the edge of the major road pavement and measured from an eye height of 3.5 ft. on the minor road to an object height of 3.5 ft. on the major road. Guidance in determining additional sight distances is provided in AASHTO, Policy on Geometric Design of Highways and Streets. Stopping and Passing Sight Distances US Customary Design Speed Stopping Sight Distance Passing Sight Distance (mph) (ft) (ft)

21 Minimum Radius of Horizontal Curves Design Speed Min. Radius in Feet (6) Vertical Alignment: Grades of all streets shall comply with good engineering practice. Grades shall not exceed twelve (12%) percent nor be less than one-third (0.3333%) percent. Waivers may be considered by the County Engineer only when submitted in writing by the Developers Engineer. Waivers will be considered only on minor dead end streets with low projected traffic volumes. Grades approaching intersections shall not exceed five (5%) percent for a distance of not less than one hundred (100) feet from the centerline of said intersection. Grades of cul-de-sacs shall not be more than five (5%) percent for the last one hundred (100) feet of paving. (7) Sidewalks may be required where deemed necessary for public safety by the County Engineer. (8) Street Alignment shall be designed to eliminate sharp curves and street jogs. No street plan will be approved with intersections, which offset less than one hundred twenty-five (125) feet between centerlines. Streets shall intersect as nearly at right angles as possible and in no case at an angle of less than sixty (60) degrees. (9) Cul-de-sacs shall terminate with a property line radius of not less than sixty-six (66) feet and outside gutter radius or edge of pavement of not less than fifty (50) feet. Cul-de-sacs to accommodate school buses or other large vehicles may be required. 21

22 (10) Curb radii of twenty-five (25) feet or more shall be provided at the intersection of all other streets. (11) Street Intersections: Deceleration and/or acceleration lanes and crossovers may be required by the County Engineer if deemed necessary to maintain a safe flow of traffic. Section 4:02 Street Construction (1) Clearing and Grubbing: All areas which will receive fill material shall be cleaned of all vegetation, trees, stumps, large rocks and other objectionable or unstable material prior to placing fill material. (2) Embankment: The County Engineer or his designated agent shall determine what material is suitable for Embankment. Natural ground area shall be properly compacted prior to placing the embankment. Embankment material shall be placed in uniform lifts of ten (10) inches or less, density requirement shall be as specified under Section 306 of the current edition of the Alabama Department of Transportation s Standard Specifications for Highway Construction. (3) Subgrade: Finish grade shall conform to the lines, grades and cross-section as shown on the approved plan unless permission is acquired in writing from the County Engineer. The subgrade shall be shaped and compacted to one hundred (100%) percent of maximum density as determined by AASHTO T 99. The in place density will be measured for acceptance in accordance with the requirements given in AASHTO T 310, Direct Transmission Method only. (4) Bases: Prior to placing any base material the subgrade shall be prepared and tested. The type material to be used for base and the required thickness shall be as stated on the approved plan. Base layers of up to six (6) inches may be placed and compacted in one (1) lift; layers exceeding six (6) inches shall be placed in approximately equal lifts not to exceed six (6) inches. Compaction shall be by vibratory steel wheel rollers or other approved rollers. Density requirement shall be as specified under Section 306 of the current edition of the Alabama Department of Transportation s Standard Specifications for Highway Construction. 22

23 (5) Storm Design Frequencies: Closed drainage systems shall be designed on a minimum ten (10) year storm frequency, and open ditch systems shall be designed on a minimum twenty-five (25) year storm frequency. (6) Drainage Structures: Structure types shall be reinforced concrete class, metal or HDPE. (a) Reinforced concrete class type structure shall be required for roadway type crossings. Metal or HDPE shall be allowed except under the roadway. (b) A special design drawing will be required for any drainage structure having a required end area of twenty (20) sq. ft. or more. Reinforced concrete drainage structures shall be constructed in accordance with standard drawings and specifications approved by the County Engineer. (c) Reinforced concrete pipe and arch pipe class and installation shall be in accordance with current specifications of the Alabama Department of Transportation. (d) Corrugated metal pipe and arch pipe culverts shall be fully coated with asphalt with a paved invert or aluminized/galvanized coated. Gauge, corrugations and installation shall be in accordance with current specifications of the Alabama Department of Transportation. (e) Minimum pipe size for closed system design shall be fifteen (15) inches and the minimum size pipe acceptable for roadway cross-drains shall be eighteen (18) inches. (7) Open Channels and Ditches: Open channels and ditches shall be designed so as not to create hazardous erosion. The minimum flow line slope for paved ditches shall be % and % for unpaved ditches. Well defined natural drainage ways which are to be left undisturbed may be considered by the County Engineer to be utilized without any improvements, provided the drainage easement includes the complete drainage way. Where drainage areas are being constructed or natural drainage ways are disturbed, concrete lined ditches or other erosion control measures designed by the Subdivision Engineer(s) and approved by the County Engineer shall be provided. Where erosion problems arise after completion of construction, the County Engineer may require corrective measures be installed before final acceptance by the County and release of bond. (8) Headwalls: Slope paved headwalls shall be installed on pipe culverts. Headwalls for precast concrete construction shall be approved by the County Engineer. Headwalls for pipe sizes larger than forty-eight (48) inches and multi-line installation shall be shown on the approved plans. 23

24 (9) Combination Curb and Gutter, Valley Gutter and Sidewalks: Combination curb and gutter, valley gutter and sidewalks shall be constructed of Portland cement concrete, and shall have a compressive strength of 3000 PSI at twenty-eight (28) days. Installation shall be on a prepared subgrade and conform to the cross-section shown on the plans. The surface finish of the concrete shall have a light broomed or burlap drag texture. The edges shall be smoothed with a radius type tool. (a) Transverse contraction joints shall be constructed at intervals not exceeding twenty (20) feet in combination curb and gutter and valley gutter. Joint depth shall be no less than 1/5 of the cross-section of the concrete. Sawed contraction joints shall be completed early after the concrete has set to prevent the formation of uncontrolled cracking. (b) Expansion joints shall be constructed at immovable structures and at points of curvature for short radius curves. Filler material for the construction joints may be either expansion of butt type joints. (c) No combination curb and gutter, valley gutter or sidewalk shall be placed on frozen or soft earth or when other unsuitable conditions exist. (10) Inlets: Inlet design for storm sewer systems must be submitted with the street drainage plan for approval by the County Engineer. (11) Storm Water Detention: Developments which produce an increase in the amount of storm water runoff may be required to construct storm water detention ponds or other approved types of detention devices. When required, the developer shall submit detailed engineering plans to the County Engineer including historical runoff, developed runoff, detention pond details, method of discharge, and other information as required for a review. The developer shall also include the method of maintenance for the detention pond after the development is completed. (12) Erosion Control Plan: The developer shall comply with all Federal, State, and Local laws and regulations including, the Clean Water Act of 1987, the Alabama Nonpoint Source Management Program of 1989, and the regulations of the Environmental Protection Agency (EPA), and the Alabama Department of Environmental Management (ADEM). The Developer will be responsible for procuring all licenses and permits that are necessary for the development. Section 4:03 Street and Subdivision Names (1) Street names for all subdivision plats shall be subject to the approval of the Colbert County E-911 Board. (2) Subdivision names for all plats shall be subject to the approval of the Colbert County Commission and shall not duplicate the name of any plat already recorded in Colbert County. 24