§ 8. Procedure.
Classification of subdivisions: The procedure for review and approval of a subdivision by the planning commission ultimately results in the approval and recording of a final plat of the subdivision. The procedure consists of basically one (1) step for a minor subdivision and two (2) steps for a major subdivision:
(1)
Minor subdivision:
a.
Presentation and approval of the preliminary plat (optional).
b.
Presentation, approval, and recording of the final plat.
(2)
Major subdivision:
a.
Presentation and approval of the preliminary plat (optional).
b.
Presentation and approval of the engineering plan.
c.
Presentation, approval, and recording of the final plat.
(a)
Preliminary plat: The preliminary plat is intended to be a relatively simple "sketch" or "drawing" of the proposed subdivision, submitted so that the subdivider may begin the approval process by meeting with and discussing the feasibility of the proposal with the planning commission prior to incurring engineering and surveying costs.
(1)
Preparation: The preliminary plat must contain at least the following;
a.
Location Map. A diagram showing the location and ownership of the land proposed to be subdivided, noting the location of all adjoining property, its ownership and the nature of its improvements, and the location and name of all existing public streets providing direct access to the land proposed to be subdivided. A diagram showing the proposed subdivision, the location and size of all lots, the location and proposed names of all streets, the location, size and nature of any intended building, the location, size, and proposed use of any lot or other piece of land not intended for building, and the location, size, and nature of all easements.
b.
Certificates. A certificate signed by the chief of police of the city stating that the proposed plat is acceptable with regard to considerations of public safety and traffic flow and containing any suggestions or comments the chief deems appropriate. A certificate signed by the director of South Alabama Utilities stating that the proposed plan provides adequately for the delivery of water, sewer, and gas and stating whether these utilities are planned for immediate or future delivery, and containing any suggestions or comments the inspector deems appropriate.
(2)
Presentation for approval. The subdivider shall present three (3) copies of the preliminary plat and accompanying documents at a regular meeting of the planning commission, and shall be present either personally or through a representative in order to discuss, answer questions, and explain the submission. As noted above, the requirements stated for preparation of the preliminary plat are minimal requirements. The more detailed the preliminary plat, then the more likely it is that the planning commission will fully understand and appreciate the proposal at the first regular meeting at which it is presented. In the event that the planning commission needs further information in order to properly consider the preliminary plat, then it may reject the presentation until the further information is provided, and may consider the preliminary plat as being presented at the meeting at which the additional information is provided. The planning commission shall act on the preliminary plat at the meeting at which it is presented, either by granting approval as submitted or with changes required by the planning commission that shall become a part of the preliminary plat, or by disapproving the preliminary plat. The action of the planning commission shall be reduced to writing and mailed to the subdivider at the address given by the subdivider for delivery of the notice. The notice shall contain a statement of any required changes that have become a part of the preliminary plat, or a statement of the planning commission's reasons in the event of a disapproval. The failure of the planning commission to act on the preliminary plat at the meeting at which it is presented shall be an approval of the preliminary plat. However, the planning commission may carry over the consideration of the preliminary plat to a date set for a special meeting or until the next regular meeting, whichever is nearer in time, but in no event for more than thirty (30) days. The consideration of the preliminary plat may be carried over in this manner only one (1) time. In the event that there is not a quorum present at the regular meeting at which the preliminary plat is first presented, then consideration of the preliminary plat shall be carried over in the same manner as previously provided. In the event that the preliminary plat is disapproved, then the planning commission shall state its reasons on the record. The presentation of a preliminary plat is not a submission of a plat with the meaning of section 11-52-32 of the Code of Alabama.
(b)
Engineering plan: The engineering plan is intended to be a detailed presentation covering the engineering plans for the construction of all streets and improvements.
(1)
Preparation: The engineering plan must contain at least the following:
a.
Streets. Profiles showing existing ground surface and proposed street grades, including extensions for a reasonable distance beyond the limits of the proposed subdivision, and typical cross sections of the proposed grading, roadways and sidewalks.
b.
Drainage. Data showing existing contours and proposed contours as well as spot elevations in sufficient numbers to show adequate provision for drainage, and detailed specifications on curbs, gutters, culverts, drainage ditches, and similar features.
c.
Utilities. The location, size, and invert elevations of existing and proposed sanitary sewerage and water lines, providing at a minimum for the immediate construction of those portions of sanitary sewerage or water lines that will be beneath the subdivision street, the location and results of soil percolation tests if individual sewage disposal systems are proposed, and any other data on utilities that may be necessary to allow completion of the installations.
d.
Other improvements. Data sufficient for the construction or installation of any other proposed improvements, and in the case of buildings, including residences, a copy of all protective covenants and building restrictions.
e.
Certificates. A certificate signed by a licensed professional engineer that the proposed construction of streets meets the city specifications for the construction of paved streets and that all provisions for drainage are adequate. A certificate signed by the director of South Alabama Utilities that the proposed construction of water, sewage, and gas utilities is adequate, and containing any suggestions or comments as the director deems appropriate. A certificate from the Mobile County health officer approving the development. Certificates from the several different officials and agencies that may have an interest in or concern with the construction of the subdivision, such as the State Highway Department, the Mobile County School Board, the Industrial Development Board of the City of Citronelle, the U. S. Corps of Engineers, etc.
(2)
Presentation for approval: Three (3) copies of the engineering plan and accompanying documents shall be submitted to the city clerk who shall make it available for review by members of the planning commission, and who shall place it on the agenda for presentation at the regular meeting that is scheduled at least two (2) weeks from its submission to the city clerk. As noted above, the requirements stated for preparation of the engineering plan, then the more likely it is that the planning commission will fully understand and appreciate the proposal at the first regular meeting at which it is presented. In the event that the planning commission needs further information in order to properly consider the engineering plan, then it may reject the presentation until the further information is provided, and may consider the engineering plan as being presented at the meeting at which the additional information is provided. Following presentation, the planning commission shall act on the engineering plan in the same manner as required for action following the presentation of the preliminary plan. The presentation of an engineering plan is not a submission of a plat within the meaning of section 11-52-32 of the Code of Alabama.
(c)
Final Plat: The final plat is the document that, when recorded, completes the subdivision process. The final plat must be completed in strict conformity with these regulations, and shall provide an accurate record of street and property lines and other elements being established on the land and the conditions of their use.
(1)
Preparation: The final plat must contain the following:
a.
Location map. A diagram showing the location and ownership of the land proposed to be subdivided, noting the location of all adjoining property, its ownership and the nature of its improvements, and the location and name of all existing public streets providing direct access to the land proposed to be subdivided. A diagram showing the proposed subdivision, the location and size of all lots, the location and proposed names of all streets, the location, size, and nature of any intended building, the location, size, and nature of all easements.
b.
Survey data. A complete and detailed legal description of the subdivision with all data reference to primary control points and establishing the boundaries of the subdivision, the location and description of monuments, the right-of-way lines with accurate dimensions, bearings or deflection angles, and radii, arcs and central angles of all curves of streets, the right-of-way lines and dimensions of easements and other rights-of-way including for utilities, the property lines for lots and blocks, the property lines for non-residential sites, the building setback lines for all lots and other sites, and having proper notations giving scale, the location of true north, and the date of the final plat.
c.
Certificates. A certificate by a registered professional engineer or land surveyor stating that the plat represents a survey made by him and that all monuments shown thereon actually exist as located and that all dimensional and other data are correct. A certificate of approval from the county engineer. A certificate of approval from the director of South Alabama Utilities. A space for a certificate of approval of the planning commission of the City of Citronelle.
(2)
Presentation of approval: Three (3) copies of the final plat and accompanying documents shall be submitted to the city clerk who shall make it available for review by members of the planning commission, and who shall place it on the agenda for presentation at the regular meeting that is scheduled at least two (2) weeks from its submission to the city clerk. In the event that the planning commission determines that the final plat is not complete, then it may reject the presentation until the completed final plat is provided, and may consider the final plat as being presented at the meeting at which the completed final plat is provided. Following presentation, the planning commission shall act on the final plat in the same manner as required for action following the presentation of the preliminary plan. The presentation of the final plat shall be considered the submission of the final plat pursuant to section 11-52-32 of the Code of Alabama, and the final plat shall be acted upon in accordance therewith. Approval of the final plat shall be tentative only and the final plat shall not be recorded until the county engineer has certified that the subdivider has complied with one (1) of the three (3) following alternatives:
a.
All improvements have been installed in accord with the requirements of these regulations and with the action of the planning commission in giving tentative approval of the preliminary plat.
b.
A bond or certified check or other acceptable surety has been posted, which is available to the City of Citronelle or the County of Mobile, as appropriate, and in sufficient amount to assure such completion of all required improvements.
c.
A lien on the property comprising the subdivision has been furnished the City of Citronelle or the County of Mobile, as appropriate, in sufficient amount to assure such completion of all required improvements.