ARTICLE I. GENERAL PROVISIONS
These Subdivision Regulations are adopted under the authority of Chapter 52, Sections 11-52-30 through 11-52-54 inclusive, of the 1975 Code of Alabama, as amended.
These Subdivision Regulations shall be known, and may be cited, as the Subdivision Regulations of the City of Auburn.
1. Orderly Development. It is hereby declared to be the policy of the Auburn Planning Commission to consider the subdivision of land the initial and principal step in carrying out the general purpose of the Comprehensive Plan: to guide and accomplish a coordinated, adjusted and harmonious development of the land within the subdivision jurisdiction which will, in accordance with existing and future needs, best promote the public health, safety, order, convenience, prosperity or the general welfare, as well as efficiency and economy in the process of development.
2. Public Safety and Services. Land to be subdivided should be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood or other menace. Land should not be subdivided until or unless adequate provision is made for drainage, water supply, sanitary sewage, fire protection, and access, as well as other improvements required by these regulations; and unless adequate community facilities, including schools, parks, and recreation areas, are available in reasonable proximity to the subdivision.
3. Correlation with Other Development Measures. A proposed subdivision should be correlated with the Comprehensive Plan and with capital budgets and public improvements programs of the governing body of the City of Auburn. It is intended that these regulations shall supplement the provisions and standards contained in the building, housing and related codes, zoning ordinance; and other measures governing development.
In fulfillment of the policies stated in Section I-C, these regulations shall be applied in such a manner as to accomplish the following purposes:
1. Future Growth. To guide the future growth and development of the land within the subdivision jurisdiction in accordance with the Comprehensive Plan.
2. Health and Safety. To provide for adequate light, air and privacy; to secure safety from fire, flood and other danger; and to prevent the overcrowding of land and undue congestion of population.
3. Social and Economic Stability. To protect the character and the social and economic stability of all parts of the area within the subdivision jurisdiction.
4. Land Uses. To protect and conserve the value of land and the value of buildings and improvements on the land; and, through subdivision design, to minimize conflicts among the uses of land and buildings.
5. Public Services and Facilities. To encourage residential development where public services and community facilities are available or will be available when the subdivision is ready for occupancy.
6. Circulation. To provide an efficient relationship between development and the circulation of traffic, having particular regard to the avoidance of congestion; to expedite circulation and the protection of land use values through the separation of local and through traffic; and to make adequate provision for traffic through the proper location and width of streets, including major streets set out in the Comprehensive Plan for future construction.
7. Environment. To prevent the pollution of air, streams, and ponds; to assure the adequacy of drainage facilities; to safeguard the water table; and to encourage the wise use and management of natural resources in order to preserve the integrity, stability and beauty of the community and the value of the land.
8. Natural Features. To preserve the natural beauty of the land, and to utilize as elements of the urban environment the physiographic features of land and water.
9. Open Space. To provide open space through efficient design and layout of subdivisions; to encourage the setting aside as permanent open space land that is subject to flooding or has soils unsuited to urban development.
10. Innovative Design. To encourage innovative subdivision design that will produce attractive, efficient, and convenient arrangements of housing and neighborhood environments affording a choice of lifestyles.
These regulations shall be applied to and shall govern the subdivision of land within the subdivision jurisdiction of the City of Auburn. Such jurisdiction is defined in accordance with Chapter 52, Section 11-52-30 of the 1975 Code of Alabama, as amended; and, as such, includes all land within the Corporate Limits of the City of Auburn plus unincorporated land within five (5) miles of the Corporate Limits.
From and after the date of these Subdivision Regulations, every plat of land that is a subdivision, as defined herein, shall be prepared, presented for approval, and recorded as required herein.
No building permit and no certificate of occupancy shall be issued for any parcel of land created by subdivision, as defined herein, unless a Final Plat of such subdivision has been approved and recorded as required by these regulations. No excavation of land and no construction of any public or private improvements shall take place or be commenced in a subdivision except in conformity with these regulations.
Certain terms used in these regulations shall have the meanings defined by this Article. In the event that a term is not listed in this Article; or is not defined elsewhere in the Zoning Ordinance of the City of Auburn, the Auburn City Code, or Sections 11-52-30 through 11-52-36 of the 1975 Code of Alabama, as amended; then the conventional meaning of such term shall apply.
The Planning Director of the City of Auburn is hereby authorized to make a final determination of any term used in these regulations. In case of a dispute over such interpretation a written appeal of the Planning Director's determination may be filed with the Planning Commission. Such appeal must be filed within 15 days of such determination.
In the interpretation of these regulations, the provisions and rules of this Section shall be observed and applied, except where the context clearly requires otherwise.
Words used or defined in one tense or form shall include other tenses and derivative forms.
Words in the singular number shall include the plural number; and words in the plural number shall include the singular number.
The masculine gender shall include the feminine; and the feminine gender shall include the masculine.
The word "shall" is mandatory. The word "may" is permissive.
The word "person" includes an individual, firm, association, organization, partnership, trust, company, or corporation.
In case of any conflict between the text of these regulations and any caption, illustration, figure, or other graphic material, the text shall govern.
D. Terms Defined
For the purposes of these Regulations, certain words and phrases used herein are defined as follows:
Alley. A thoroughfare either used or shown on any recorded description of the subject parcel(s) which is not more than thirty (30) feet wide and which affords only a secondary means of access to abutting property.
Applicant. One (1) individual, entity or agency that is legally authorized to submit subdivision plats for review and apply for any form of subdivision approval or waiver with respect to a development site.
Application for Development. The application forms and all accompanying documents required by these regulations or other regulations for the approval of a subdivision plat or site plan.
Block. A tract or parcel of land entirely surrounded by streets, streams, railroad right-of-way, parks, or other public spaces, or by a combination thereof.
Building Line. A line shown on a plat indicating the minimum allowable distance between any structure and a lot line, as established by requirements of the developer and/or the City of Auburn Zoning Ordinance and these Regulations.
Building Setback. The line, generally parallel to a lot line or road right-of-way line, indicating the minimum horizontal distance between the lot line and the face of the building, as required by the Zoning Ordinance. In those cases where the Building Line and the Building Setback are not identical, the greater of the two shall take precedence. Platting required building setback lines is discouraged as they may change with amendments to the Zoning Ordinance; thereby complicating enforcement.
City. The City of Auburn, Alabama.
City Attorney. The licensed attorney designated by the City Council to furnish legal assistance in the administration and enforcement of these regulations.
City Council. The City Council of the City of Auburn, Alabama.
City Engineer. The registered engineer designated by the City Manager to furnish engineering assistance in the administration and enforcement of these regulations.
Comprehensive Plan. A composite of the plans, maps, official reports and explanatory material adopted by the Planning Commission and/or City Council for the guidance of the growth and development of the City of Auburn.
Cul-de-sac. A local street with only one outlet, and having the closed end terminated by a vehicular turn-around.
Dedication. The transfer of property interests from private to public ownership for a public purpose. The transfer may be of fee-simple interest or of a less than fee interest, including an easement.
Developer. The legal or beneficial owner(s) of a lot or parcel or any land proposed for inclusion in a development, including the holder of an option, contract to purchase, or a lease.
Development. The division of a parcel of land into two (2) or more parcels (See Subdivision); the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any buildings; any use or change in use of any buildings or land; any extension of any use of land or any clearing, grading, or other movement of land, for which an approved development plan is required pursuant to these Regulations or other codes and ordinances of the City.
Drainage Facilities. Structural and nonstructural elements designed to collect stormwater runoff and convey it away from structures and through the roadway right-of-way in a manner which adequately drains sites and roadways and minimizes the potential for flooding and erosion.
Easement. Authorization by a property owner of the use by another and for a specified purpose of any designated part of his property. No easement shall be recognized under these Regulations that has not been created through valid legal instruments and recorded in the Office of the Judge of Probate of Lee County, except those established by the City through continuous and historic use.
Engineering Plan. Plans prepared by a registered engineer showing details of the design and construction of required improvements in a proposed subdivision.
Erosion. The wearing away of the ground surface as a result of the movement of wind, water, and/or ice.
Erosion Control. Measures and actions which are to be taken to control potential erosion and sedimentation problems.
Final Plat Approval. The official action of the Auburn Planning Commission taken on a preliminarily approved plat, after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements installed, or guarantees properly posted for their completion; or approval conditioned upon the posting of such guarantees.
Final Plat. The map or plan or record of all or a portion of a subdivision, and any accompanying materials presented for final approval and recording as required in these regulations.
Flag Lot. Any lot, established after the effective date of these Regulations, which does not comply with the definition of Lot Width provided in these Regulations.
Grade. The slope of land or a built feature such as a street, specified in percentage terms.
Grand Tree. Any tree, whether on public or private property which has a diameter at breast height (DBH) of thirty-two (32) inches or greater, or a circumference at four and one half (4 ˝) feet above ground level of one hundred (100) inches or more.
Health Department. The Lee County and State of Alabama Health Departments.
Hundred (100) Year Flood. Flood created by a 100-year storm event, a storm having a one percent chance of being equaled or exceeded in any given year.
Hundred (100) Year Floodplain. The area of land inundated as a result of the 100-year rainfall event.
Improvement. Any built or constructed immovable item which becomes part of, placed upon, or is affixed to, real estate.
Lot. A parcel of land occupied by, or designated to be developed for, one (1) building or principal use and the accessory buildings or uses customarily incidental to such building, use or development, including such open spaces and yards as are designed and arranged or required by these Regulations for such building, use, or development.
Lot Area. The area contained within the boundary lines of a lot.
Lot, corner. A lot abutting two or more streets at their intersection. If the two streets form an angle of more than 135 degrees, as measured at the point of intersection of their center lines, the lot shall not be considered a corner lot.
Lot depth. The distance between the midpoints of the front and rear lot lines.
Lot, double frontage. A lot, other than a corner lot, which has frontage on more than one street.
Lot frontage. Lot width measured at the street lot line. When a lot has more than one street lot line, lot width shall be measured at each such line.
Lot Line. A line bounding a lot which divides one lot from another or from a street or any other public or private space.
Lot line, front: In cases where the lot fronts on only one street, the lot line adjacent to the street. For corner lots, the side meeting minimum width requirements. For double frontage lots and corner lots meeting width requirements on both frontages, the property owner may choose one as the front lot line for the purposes of setbacks and placement of accessory structures.
Lot line, rear. That lot line which is parallel to and most distant from the front lot line of the lot. In the case of an irregular, triangular, or gore-shaped lot, a line twenty (20) feet in length, entirely within the lot, parallel to and at the maximum possible distance from, the front line shall be considered to be the rear lot line.
Lot line, side. Any lot line other than a front or rear lot line.
Lot of record. Any validly recorded lot which complies with all currently applicable laws, ordinances, and regulations. (See also Nonconforming Lot of Record)
Lot Width. The distance between side lot lines measured at the right-of-way.
Major Street Plan. The component element of the Comprehensive Plan showing the general location of existing and proposed major streets in the City of Auburn and its planning jurisdiction.
Monument. A permanent object serving to indicate a limit to or mark a boundary.
Nonconforming lot of record: Any lot, validly recorded in the public records of Lee County, which complied with all applicable laws, ordinances, and regulations in effect on the recording date. (See also Lot of Record).
Open Space. Any parcel or area of land or water, either publicly or privately owned, set aside, dedicated, designated, or reserved for the private use or enjoyment of owners or occupants of land adjoining such open space, or for the public at large.
Owner. The person or persons having legal title to a lot or parcel of land.
Planning Commission. The Auburn Planning Commission created by the City of Auburn under the authority of Chapter 52, Article 1, of the Code of Alabama, 1975, as amended.
Preliminary Plat Approval. The conferral of certain rights prior to final approval after specific elements of a development plan have been agreed upon by the Planning Commission and the applicant.
Preliminary Plat. A map and related materials indicating the proposed layout of a development submitted for preliminary approval in accordance with these regulations.
Probate Judge. The Judge of Probate for Lee County, Alabama.
Public Improvement. Any improvement, facility, or service, together with customary improvements and appurtenances thereto, necessary to provide for public needs as: vehicular and pedestrian circulation systems, storm sewers, flood control improvements, water supply and distribution facilities, sanitary sewage disposal and treatment, public utility and energy services.
Public Open Space. An open space area conveyed or otherwise dedicated to the City or another public body or agency for recreational or conservation purposes for the public at large.
Registered Engineer. An engineer properly licensed and registered in the State of Alabama.
Registered Land Surveyor. A land surveyor properly licensed and registered in the State of Alabama.
Reserve Strip. A strip of land, smaller than a lot, and retained in private ownership as a means of controlling access to land dedicated or intended to be dedicated to street or other public use.
Resubdivision. A combination, recombination, or splitting of previously recorded lots or tracts of contiguous land for the purpose of creating additional lots or enlarging existing ones.
Right-of-Way. A strip of land used or intended to be used for passage of the general public, and occupied or intended to be occupied by a street, road, bicycle path, crosswalk, utilities, railroad or similar facility; and dedicated to the governing body in fee simple, or by other legal means such as prescription.
Roadway. The portion of a right-of-way intended for use by vehicular traffic.
Sidewalk. A paved path provided for pedestrian use, and usually located at the side of a road and within the street right-of-way.
Street. Any street, avenue, boulevard, road, parkway, viaduct, drive, or other right-of-way provided for vehicular traffic and travel.
Street Hierarchy. The classification of streets based upon their individual function, as follows:
Arterial. A major street intended mainly to carry through traffic and to connect major activity centers in the City and its planning jurisdiction.
Collector. A street intended to carry traffic from local streets to arterial streets.
Local. A street intended mainly to provide access to adjoining property and uses, providing access to and from individual lots.
Marginal Access. A service road that runs parallel to a major street, generally an arterial. Its purpose is to separate through from local traffic, and to provide access to abutting properties.
Structure: Anything constructed or erected that requires rigid and permanent location on or attachment to the ground; including, but not limited to, buildings, signs, towers, monuments, statues, and walls; but not including telephone and other utilities poles, overhead wires, retaining walls and terrace walls, wire fences, and any other thing less than three feet in height
Subdivider. Any person who, having an interest in land, causes it directly or indirectly, to be divided into a subdivision as defined herein.
Subdivision. Any division, redivision, or consolidation of tracts, parcels, or lots of land by means of mapping, platting, conveyance, change, or rearrangement of boundaries. All subdivisions are also developments. See Development.
Subdivision Jurisdiction. All land located within the corporate limits of the City of Auburn and within five (5) miles thereof, and not located within the corporate limits of any other city or within the subdivision jurisdiction of any other city having a planning commission, in accordance with Chapter 52, Article 2, Section 11-52-30 of the Code of Alabama, 1975, as amended.
Subdivision Administrator. The official of the City of Auburn charged with the responsibility of administering and enforcing these regulations.
Subdivision Regulations. The Subdivision Regulations of the City of Auburn, Alabama.
These Regulations or Standards. The Auburn Subdivision Regulations together with all applicable design and construction requirements, all of which constitute the comprehensive development regulations of the City of Auburn, Alabama.
Tree. All wooded vegetation, whether occurring naturally or planted, which has one erect perennial stem or trunk at least nine and one half (9 ˝) inches in circumference at a point four and one half (4 ˝) feet above ground level.
Water Supply. The system made up of water sources, treatment, and conveyance systems to provide potable water to the community.
Watershed. The land area from which surface water runoff flows and ultimately drains to a particular water course or body of water.
Zoning Ordinance. The Zoning Ordinance of the City of Auburn, Alabama
The purpose of this article is to establish an orderly and expeditious procedure for reviewing and acting upon applications for subdivision approval in accordance with these regulations.
Whenever a subdivision is proposed within the jurisdiction of these regulations, resulting in 25 or more lots at complete build-out, the subdivider or developer shall contact the Planning Department of the City of Auburn and submit a Lot Layout in accordance with these regulations. When a subdivision is proposed to be constructed in phases and the entirety of such phases will result in 25 or more lots, a Lot Layout is required. The Planning Department may require consultation with the Engineering Division and the Department of Water and Sewer. In this way the developer can obtain the advice and assistance of the Planning Department and other City departments, and facilitate the subsequent preparation and review of the preliminary subdivision plat.
The subdivider must present a lot layout containing all information listed below. Five (5) copies of the Lot Layout shall be submitted to the Planning Department. Copies may be distributed to other City departments to obtain comments and suggestions.
a. A completed application and a deed and/or completed Authorization to Act as Applicant Form.
b. A vicinity map, to scale, showing the location of the proposed subdivision and its relationship to the surrounding area.
c. Survey data showing the dimensions and bearings of the boundaries of the subdivision; section and corporate lines; and contours at five (5) foot intervals based on City of Auburn Datum or National Geodetic Survey Sea Level Datum, unless required by the City Engineer to submit contours at lesser intervals. In some cases the City Engineer may require spot elevations in sufficient number to provide necessary drainage information.
d. The title or name under which the proposed subdivision is to be recorded; the name and address of the owner or owners; and the name and seal of the registered land surveyor or engineer responsible for the plat.
e. Notations giving the scale of the drawing(s), true north arrow, datum, benchmarks, bearing base, and date.
f. The location of existing streets, buildings, railroads, bridges, sanitary sewers, drainage facilities, water mains, and any public utility easements on both the land being subdivided and on the adjoining land. Aerial photos, the City’s digital files and similar sources may be used to determine the location of these facilities and structures.
g. The names and/or Lee County Road Numbers, locations, right-of-way widths and other dimensions of proposed streets, alleys, easements, open spaces, and reservations.
h. Lot lines, lot numbers, tabulations stating gross and net acreage of the subdivision, acreage of existing and proposed public areas within the subdivision, number of residential lots, and area of each lot.
i. The location of water courses, 100-year floodplains, wetlands, waters of the United States, wooded areas, buildings or structures, and other significant natural and built features on the tract.
j. Sites to be reserved or dedicated for parks, recreation areas, schools or other public uses; sites, if any, for multi-family dwellings, commercial uses, churches, industry, or other uses exclusive of single-family dwellings.
k. Implementation of any portion of the Major Streets, Water and/or Sewer Plans planned by public authorities for construction on or adjacent to the tract.
l. Preliminary plans of proposed drainage, stormwater management, and utility layouts along with approximate locations of valves and fire hydrants and similar facilities; and showing feasible connections, when possible, to existing and proposed utility and drainage systems.
The Lot Layout is intended to serve as an initial step in the subdivision process. Subsequent meetings may be called between City staff and the developer to discuss required corrections, impacts and/or issues resulting from the proposed subdivision. This step is included in the review process because it allows the subdivider and local officials to discuss the proposed subdivision in an informal setting, and to correct any design errors and/or problems during the early stages of the project.
Staff shall be allowed a review period for Lot Layouts of not less than fourteen (14) days prior to the regular submission date for preliminary plats to be considered by the Planning Commission.
Upon receiving favorable consideration by the Planning Department, the subdivider may proceed to prepare the preliminary plat for the subdivision. However, neither the subdivider nor the Planning Commission shall be bound by the lot layout; and it is expressly understood that favorable consideration by the Planning Department at the lot layout stage of the process shall under no circumstances be construed as preliminary or tentative approval.
1. Purpose. The purpose of the Preliminary Plat is to provide a basis for plans for the construction of the subdivision and its improvements. To this end, during preparation of the Preliminary Plat the Subdivider should consult with the Planning Department, the City Engineer, and other officials and agencies concerned with the subdivision of land and the improvements placed thereon.
2. Filing and Review. The Subdivider shall file with the Planning Director five (5) copies of the Preliminary Plat together with the Attendant Items required herein, with written application for approval at least sixteen (16) days prior to the Planning Commission meeting at which it is to be considered. Prior to Planning Commission review, the Preliminary Plat shall be reviewed by the Planning Director and will be referred for review and report to the City Engineer; Water & Sewer, Environmental Services and Public Safety Departments; the County Health Officer and County Engineer, as appropriate; and other appropriate officials. The review shall take into consideration, in addition to the requirements set out in these regulations, conformance of the subdivision design to the Comprehensive Plan and the particular requirements and conditions affecting installation of improvements.
3. Information Required. The preliminary plat shall be drawn at a scale of one inch equals one
hundred (100) feet, or other appropriate scale as approved by the Subdivision Administrator; and
the sheet size shall not be larger than 24 inches by 36 inches. Where necessary the plat may be
presented on several sheets accompanied by an index sheet showing the entire subdivision. In
addition to all information required for the Lot Layout, the plat shall provide names of adjoining
subdivisions; and the names and mailing address of the owners or record of the adjoining parcels
of land as they appear on the current tax records in the Office of the Tax Assessor of Lee County.
For projects having a gross site area of one acre or more, the applicant may submit a Project Engineer’s Statement in lieu of the utility plans specified in the preceding paragraph. This statement shall be signed and sealed by a registered professional engineer in the State of Alabama. It shall attest to the adequacy of available utilities to service the subdivision, and declare that stormwater runoff from the site can and will be managed in accordance with City of Auburn regulations. The City Engineer shall furnish blank copies of the Project Engineer’s Statement upon request; the wording of such statement shall not be altered in any way by the applicant.
In those cases where a request for reduced street improvements is being made in accordance with Section V-B-2, profiles of all proposed streets, and such other information as required by the City Engineer to determine whether or not the proposed development meets the requirements of Section V-B-2.
4. City Specifications. All sanitary sewers, storm sewers and drainage facilities, water lines, street grading and paving, fire protection and related improvements shall be designed by a registered engineer to meet the requirements of the City of Auburn, Alabama.
5. Notice and Hearing. Preliminary plats shall be considered by the Planning Commission at a public hearing. Notice of the time and place at which a preliminary plat will be considered shall be sent to the subdivider and to the person(s) identified on the plat as the owner(s) of the land. The owners of all abutting property shall also be notified by certified mail of the hearing at least five (5) days prior to such hearing.
6. Preliminary Plat Approval. The Planning Commission shall approve, approve conditionally, or disapprove such Preliminary Plat within thirty (30) days after the submission thereof. If approved conditionally the conditions and reasons therefore shall be stated; and if necessary the Planning Commission may require the Subdivider to submit a revised Preliminary Plat. If any of the requirements are modified or waived, the reasons for such shall be specified. If the Planning Commission should disapprove the Preliminary Plat, the reasons for such action shall be stated and, if possible, recommendations made on the basis of which the proposed Subdivision would be approved. One (1) copy of the Preliminary Plat as acted upon by the Planning Commission shall be retained in its office, one (1) copy forwarded to the City Engineer, and one (1) copy returned to the Subdivider.
7. Effect of Approval. Approval of a Preliminary Plat shall not constitute acceptance of the plat of the proposed subdivision but shall be deemed only as an expression of approval of the plan submitted as a guide to preparation of the Final Plat, which Final Plat will be submitted for approval and recorded upon fulfillment of the requirements of these regulations and the conditions of tentative approval. Approval of a Preliminary Plat shall be effective for 18 months, unless, upon application by the Subdivider, the Planning Commission grants an extension. If the Final Plat has not been submitted for final approval within this time limit, the Preliminary Plat shall again be filed for tentative approval; provided, however, that if a Final Plat of a part of the subdivision shall have been submitted and approved within the 18-month period, the tentative approval of the Preliminary Plat shall automatically be extended for a period of 18 months from the date of approval of such Final Plat of part of the subdivision, and the same automatic extension shall govern in subsequent cases of submission of a Final Plat of part of the subdivision; provided, further, that at any time after the expiration of the initial 18-month period during which the Preliminary Plat approval is effective, the Planning Commission may notify the Subdivider of changes it will require to meet new or changed conditions. A corrected Preliminary Plat with all conditions fulfilled shall be submitted prior to the construction or installation of any improvements.
Approval of the Preliminary Plat and Engineering Plan and receipt of a permit from the Engineering Division of the Public Works Department shall constitute authorization, subject to obtaining the necessary State and Federal permits, that the subdivider may proceed with the construction of any improvements in accordance with applicable City codes, regulations and specifications approved by the City’s Engineering Division; and with the staking of the lots in preparation for the Final Plat. The subdivider shall not begin any construction without first notifying the City Engineer, Planning Director, Director of Water & Sewer, and the County Engineer if appropriate.
1. Purpose. The purpose of the Engineering Plan is to provide information, including drawings and specifications, for the construction or installation of the improvements. To this end, the Subdivider should consult with the City Engineer and with other officials and agencies concerned with construction or installation of improvements.
2. Filing and Review. After approval of the Preliminary Plat and prior to the construction or installation of any of the improvements, the Subdivider shall prepare and submit to the City Engineer and to other officials or agencies concerned, the necessary copies of the Engineering Plan. The Engineering Plan shall be reviewed by the appropriate authorities, and the review shall take into consideration, in addition to the requirements set out in these regulations, conformance with the applicable standards and regulations of the City of Auburn and of other agencies concerned.
Copies of the ADEM and Army Corps of Engineers letters of approval must accompany the filing of the final Engineering Plans. If the property to be developed does not fall within the jurisdiction of the Corps of Engineers, a letter from that agency or a Qualified Credentialed Professional to this effect must be filed with the Engineering Plan. The list of Qualified Credentialed Professionals is presented in the Erosion and Sediment Control Policy adopted by the City Council on May 7, 2002 (Ordinance No. 2053).
3. General Form. The Engineering Plan shall show accurately, and in sufficient detail for their construction or installation, the design of all proposed improvements in the subdivision. At a minimum it shall provide the following information:
a. Profiles showing existing ground surface and proposed street grades, including extensions for a reasonable distance beyond the limits of the proposed subdivision.
b. Typical cross sections of the proposed grading, roadways, and sidewalks.
c. The location, sizes, and invert elevations of existing and proposed sanitary sewer and drainage facilities; the location and sizes of existing and proposed water lines; and any other data relating to utilities and drainage facilities that may be necessary to complete their installation.
d. The location and results of soil percolation tests if individual sewage disposal systems are proposed.
e. An acceptable erosion and sedimentation control plan.
f. An over all grading plan and/or drainage calculations may be required.
4. Action on Engineering Plan. The City Engineer and other officials and agencies concerned shall notify the Subdivider of the approval or disapproval of the Engineering Plan. In the case of approval, specific changes, if any, required to be made shall be stated. In the case of disapproval, the grounds for such disapproval shall be stated.
1. Purpose. The purpose of the final plat, together with all the information and attendant items required herein, is to provide an accurate record of street and property lines and other elements being established on the land, and the condition of their use. The final plat shall conform substantially to the preliminary plat as approved.
2. Submission and Review. The final plat shall be drawn upon mylar film, on sheets measuring no more than twenty-four (24) by thirty-six (36) inches; and at a scale of one inch equals one hundred (100) feet or other appropriate scale as approved by the subdivision administrator. Where necessary the final plat may consist of several sheets, accompanied by an index sheet showing the entire subdivision. Five (5) prints shall be submitted.
3. Information Required. The Final Plat shall contain the following information:
a. A diagram to scale showing the general location of the subdivision.
b. Primary control points approved by the City Engineer or County Engineer, as appropriate; or description and ties to such control points; to which all dimensions, angles, bearings, and similar data on the plat shall be referred.
c. Tract boundary lines, right-of-way lines of streets, easements and other rights-of-way; property lines of lots and other sites with accurate dimensions; bearings, tangent distances, radii, central angles, arc lengths, and degrees of all curves; and the location and description of all monuments. All survey data shall be according to the Minimum Technical Standards for Land Surveying in the State of Alabama, October 26, 1990, or latest edition as published by the Alabama Society of Professional Land Surveyors. At least two (2) corners of the subdivision shall be referenced to the State Plane Coordinate System if an established and proven point is within one half (?) mile of the subdivision.
d. Title, scale, north point, and date.
e. Name and right-of-way width of each street or other public right-of-way.
f. Numbers to identify each block and lot; and the area of each lot.
g. The location, dimensions, and purpose of any easements.
h. The purpose for which sites other than residential lots may be used.
i. Names of owners of record of adjoining land.
j. Certification of title showing that the applicant is the owner of the land within the subdivision.
k. Statement by the owner dedicating street rights-of-way and any sites for public use.
l. Statement by a registered land surveyor certifying that the plat meets the requirements of the Minimum Technical Standards for Land Surveying in the State of Alabama, October 26, 1990, or latest edition, as published by the Alabama Society of Professional Land Surveyors.
m. Space for certificate of approval by the Planning Director; the City Engineer; and, if appropriate, the County Engineer.
n. Certificate of acceptance by the City Council of any land, right-of-way, or easements dedicated to the City.
o. Certificate by the City Engineer that the subdivision meets all the requirements for required street and utility improvements.
p. Certificate by the County Health Officer when individual sewage disposal and/or water systems are to be installed.
q. Existing structures shall be located on the plat and fully dimensioned so that conformance with any applicable regulations can be verified.
r. Note prohibiting structures on easements. Access shall not be restricted by ungated fences.
4. Attendant Items. The Final Plat shall be accompanied by the following items, as appropriate:
a. A copy of the protective covenants, if any, as they are to be recorded. If the subdivision contains common open space, retention ponds or other amenities for the use of the residents of the subdivision, provisions shall be made for a homeowner or residents association or other means for maintaining the common open space or other amenity.
b. A statement signed by the City Engineer that the subdivider has complied in full with one of the following alternatives:
1. All streets shown on the plat have been graded and improved; and all sewage, water, and drainage facilities have been installed in accordance with the requirements of these regulations, with the action of the Planning Commission in giving tentative approval to the subdivision, and in accordance with City specifications.
2. An engineering estimate of the costs of any required improvements yet to be constructed must be submitted prior to the submission of the performance bond.
3. A performance bond with commercial surety in an amount equal to one and one-half times the estimated cost of all improvements, approved as to form by the City Attorney and with surety satisfactory to the Planning Commission, securing the design and installation of these improvements, utilities, and facilities within the period fixed by the Planning Commission.
4. An irrevocable letter of credit drawn on an approved bank and payable to the City, in an amount adequate for the completion of all improvements, utilities, and facilities.
5. An assessment petition, approved by the City Attorney, whereby the City is placed in an assured position to make these improvements and to install these utilities and facilities at any time and without any cost to the City.
c. Receipt of a certificate from a registered land surveyor that permanent monuments of suitable size and material have been placed for each lot corner in the subdivision, and that a satisfactory survey defines such permanent monuments in relation to located section corners or fractional corners of the Survey of Public Lands.
Final approval of the plat will be given upon (1) fulfillment of all conditions attached to, and in conformance with, the Preliminary Plat; and (2) certification of the proper installation of the improvements and compliance with Articles IV and V of these Regulations. The Planning Commission shall act upon the Final Plat within thirty (30) days of its submission, and shall communicate in writing to the subdivider the action taken.
Failure of the Planning Commission to take action on the Final Plat within thirty (30) days after its submission shall be deemed to be approval of such Final Plat. If the Final Plat is disapproved the grounds for disapproval shall be stated in the minutes of the Planning Commission, and in the Resolution setting forth the Planning Commission's action, a copy of which shall be transmitted to the applicant.
Approval of the Final Plat by the Planning Commission shall not be deemed to constitute or affect an acceptance by the public of the dedication of any street or other proposed public ways or lands shown on the Final Plat and located within the corporate limits of the City of Auburn. In such cases, acceptance of dedicated lands by the City Council must occur prior to recording the Final Plat.
Approval of the Final Plat by the Planning Commission shall be null and void if such Final Plat is not recorded in the office of the Judge of Probate of Lee County within eighteen (18) months after the date of approval, unless an application for an extension of time is made in writing and is granted by the Planning Commission during this eighteen (18) month period.
The applicant shall file with the Planning Department one (1) mylar five (5) blue line or sepia paper copies and an electronic copy on a diskette or CD in the jpeg format, of the Final Plat as recorded in the Office of the Judge of Probate of Lee County. In addition, an as-built drawing of the subdivision on diskette or CD in an autocad-compatible format shall be filed with the Engineering Division.
A subdivider may submit a combined request for both Preliminary Plat and Final Plat approval. In such cases all requirements for both Preliminary and Final Plat approval must be met.
1. Purpose. For the purposes of this section an administrative subdivision is a resubdivision involving not more than four (4) contiguous lots fronting on an existing street, and which requires no new streets; and when in the opinion of the City Engineer no engineering service is required. Except as otherwise specified the resubdivision and the plat thereof shall conform to all the requirements of these regulations.
2. Submission and Review. No Preliminary Plat or Engineering Plans are required to be submitted for an administrative subdivision. However, the subdivider should consult with the City Engineer and Planning Director, and with other appropriate officials, prior to preparation of the final plat.
A Final Plat shall be submitted for an administrative subdivision which conforms to all the requirements and provides all the information specified for a Final Plat as described in Sections E through I above.
3. Approval. Authority to grant final approval to subdivision plats complying with paragraph J(1) above, pursuant to Section 52, Title 11, Code of Alabama 1975, shall be vested in the Planning Director and City Engineer. Formal approval can be granted by the Planning Director and the City Engineer, in which case such action shall be reported at the next regular meeting of the Planning Commission. However, the Planning Director may require that an administrative subdivision be presented to the Planning Commission for consideration for approval and dedication.
The Subdivision Administrator shall have the authority to approve and accept easement dedications, and shall have the same authority with regard to right-of-way dedications for the widening of existing streets. However, plats establishing new roads or extending existing roads shall be submitted for Planning Commission approval and dedication.
1. Conformance to Regulations. All subdivisions shall conform to all applicable Federal, State and Local regulations.
2. Land Subject to Flooding. Land within the hundred-year floodplain shall be clearly marked on all subdivision plats. Such areas shall not be developed in any way which reduces the floodplain’s capacity to store and convey stormwater.
Base flood elevation data shall be provided for subdivision proposals that are greater than fifty (50) lots or five (5) acres.
3. Natural Features. Consideration shall be given to the natural scenic features of the land, such as streams, and the design of the subdivision should protect and utilize such natural scenic features.
4. Trees. Because of their value in soil conservation, health, and community appearance, grand trees shall be preserved wherever possible. No tree shall be planted in the neutral ground within 40 feet of the intersecting property lines at a street intersection.
Street trees placed within the public right-of-way shall not be of a low, bushy species that might obstruct vision. No such trees shall be planted unless approved by the City Engineer, who shall determine whether they pose a threat to public safety or the efficient use of public facilities. Trees shall not be placed in any location where they may damage or impede access to buried utility lines, sidewalks or streets.
5. Names. The name of the subdivision and new street names shall not duplicate nor closely approximate phonetically the name of any other subdivision or street in Lee County. Street names shall be subject to approval by the Planning Commission, and in accordance with the Master Street Address Guide. In the Planning Jurisdiction streets shall also be numbered in accordance with the Lee County Street Numbering System.
6. Waivers for Conservation Subdivisions. The Commission may consider waivers from these standards for conservation subdivisions which are designed and built in such a way that the impact of development upon the natural environment is substantially minimized.
1. Street Layout. The street layout of a subdivision shall provide for the continuation and connection of streets between adjacent properties whenever such continuation and connection is necessary for the convenient movement and circulation of traffic, effective police and fire protection, access by public service vehicles, and efficient provision of utilities; and in accordance with the policies of the Comprehensive Plan.
Existing streets that abut a subdivision shall be continued, and the continuations shall be at least as wide as the existing streets unless a reduction in width is approved by the Planning Commission, and in alignment with them. The subdivision street layout shall also provide stub-outs for the future continuation into unsubdivided lands adjoining a sufficient number of streets to meet the purposes stated above.
If the adjacent property is undeveloped, the right-of-way of a street to be continued shall be extended to the property line. A temporary turnaround, or a T or L shaped turnabout, shall be provided, with a notation on the subdivision plat that land outside the normal right-of-way shall revert to the abutting properties whenever the street is continued and connected to the adjacent property. The Planning Commission may limit the length of such temporary dead-end streets in accordance with the design standards of these regulations.
Stub-out streets are intended to allow continuity in street patterns and connectivity among residential and nonresidential districts. In determining the number and location of such stub-outs, the Commission shall take into account the terrain and natural features of the adjoining undeveloped property, and the potential streets system as presented in the City’s Major Street Plan.
Stub-out streets shall be built to the same standards as the rest of the streets in the subdivision and be extended to the property line with the adjoining vacant land. In addition, a permanent marker shall be installed at the property line indicating that the stub-out will be connected to any development on the adjoining property, and easements and utilities extended as necessary, at some time in the future. If the Planning Commission requires that the stub-out be provided with a temporary turnaround, such turnaround shall comply with Section IV-C-8.
2. Street Classification. The streets in a subdivision shall be classified according to their function, and shall conform to the criteria set out in the Major Street Map. These criteria define major streets and local streets. Major streets consist of arterials and collectors. All other streets are local streets.
3. Major Streets. Wherever a subdivision abuts or contains a major street, as shown on the Major Street Plan, such major street shall be platted in the general location and of the width called for by the Major Street Plan; and, to the extent that the right-of-way for such major street is embraced within such subdivision, shall be dedicated for public use.
4. Restriction of Access. Where a subdivision abuts or contains an existing or proposed major street, the Planning Commission may prohibit direct access, require marginal access streets, or specify such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic.
On the loop road consisting of Shug Jordan Parkway from South College Street to North College Street, and of East University Drive from North College Street to South College Street, the minimum spacing between curb cuts shall be at least 600 feet, and no curb cut shall be closer than 300 feet from any street intersection.
On all roads that are designated to be part of the proposed Outer Loop Road the minimum spacing between curb cuts shall be not less than 600 feet, no curb cut shall be closer than 300 feet from any intersecting street, and there shall be only one (1) access to any abutting property either by curb cut or by intersecting street.
5. Arterial Streets. Arterial streets shall be provided to convey traffic between collector streets and important generators of traffic, such as schools and shopping centers.
6. Collector Streets. Collector streets shall be provided to collect traffic from local streets and feed it into major streets or to important generators of traffic, such as schools and shopping centers.
Where deemed necessary and appropriate by the City Engineer the developer shall design collector streets with the objective of discouraging speeding traffic and/or install traffic calming devices on any collector street. The location and design of traffic calming devices shall be determined by the City Engineer.
7. Local Streets. Local streets shall be so arranged that their use by through traffic will be discouraged. Four-way intersections of local streets shall be avoided wherever possible.
8. Half-streets and Half-alleys. Wherever there exists a dedicated or platted half-street or half-alley adjacent to the tract to be subdivided, the other half shall be platted. Hereafter, no new half-streets or half-alleys shall be platted.
1. Minimum Street Widths. Minimum right-of-way (ROW) widths, measured from lot line to lot line; and minimum street width, measured from back-of-curb to back-of-curb and sidewalks, shall be as follows:
Street and Sidewalk Configurations |
||||
|
Classification |
B/C to B/C Width |
Pavement Width |
ROW |
Sidewalk Location |
|
Cul-de-sac |
26 |
22 |
50 |
1 side* |
|
Local |
28 |
24 |
50 |
1 side* |
|
Collector** |
35 |
31 |
60 |
1 side |
|
Collector |
31 |
27 |
60 |
both sides |
|
Collector @ Intersections |
40 |
36 |
60 |
both sides |
|
Arterial |
52 |
48 |
80 |
both sides |
|
* City Engineer shall determine location of sidewalk. ** Permitted at the option of the Planning Commission . |
||||
If the lots served by a local street are greater than two (2) acres in area or if the street is a cul-de-sac serving no more than 20 dwelling units with lot sizes of 20,000 square feet or greater, and minimum lot widths of 90 feet, the street width may be reduced to twenty-six (26) feet from back-of-curb to back-of-curb. If the lots are three (3) acres or more in area, the pavement width may be reduced in accordance with Section V-B-2 of these Regulations. In no case shall a right-of-way be less than fifty (50) feet in width.
2. Additional Width on Existing Streets. Subdivisions that adjoin existing streets shall dedicate additional right-of-way as necessary to meet the minimum standards specified in Section C-1. When any part of the subdivision is on both sides of the existing street the entire additional ROW shall be provided. When the subdivision is located only on one side of an existing street, one half of the required ROW, measured from the center line of the existing ROW, shall be provided. In rolling or hilly terrain, construction easements may be required to ensure that appropriate front and back slopes are developed.
3. Street Grades. In general streets shall be designed to conform to the topographical conditions of the site and to provide adequate surface drainage. The maximum grade for streets shall be as follows:
|
Type of Street |
Maximum Grade |
|
Minor Arterial |