Walker County |
Code of Ordinances |
Part II. Code Of Ordinances |
Chapter 34. Land Development |
Article VII. Subdivisions |
§ 34-483. Review and approval procedure for tracts containing five acres or more
(a) Generally. The procedure for review and approval of a subdivision plat which provides for the division of property into parcels of five acres or more where new roads and streets are created consists of two separate steps. The initial step is the preparation and submission to the planning commission of a preliminary plat of the proposed subdivision. The second step is the preparation and submission to the planning commission of a final plat, together with required certificates. This final plat becomes the instrument to be recorded in the office of the clerk of the superior court of the county, when duly signed by the secretary of the planning commission. The division of land into parcels of five acres or more which front on existing roads which are approved by the commissioner are not subject to the subdivision regulations for the county.
(b) Preapplication. The subdivider is encouraged to consult early and informally with the planning commission to obtain advice and assistance before he begins to prepare the preliminary plat. This will enable him to become familiar with the county thoroughfare plan and other official plans which might affect the area.
(c) Preliminary plat approval.
(1) Prior to making any street improvement or installing any utility or selling any lot, the subdivider shall submit the complete subdivision plan for preliminary approval, although he may plan to construct only a portion of it initially.
(2) The application for preliminary plat approval, including six prints of complete subdivision plans, shall be submitted to the secretary of the planning commission at least 15 days prior to the planning commission's regularly scheduled meeting.
(3) The planning commission, before its review, may transmit a print of the preliminary plat to the office of the commissioner, and it shall be the duty of the commissioner to inspect the property to be divided and the construction of any roads or streets in said subdivision. The planning commission, before its review, may transmit prints of the preliminary plat to each utility service, health department, fire department and any other agency for review and recommendations in relation to specific service problems. A print of the preliminary plat may also be transmitted to the Coosa Valley Regional Development Center for its review and recommendations.
(4) Prior to a decision on the preliminary plat, the planning commission shall afford a public hearing. Notice of the time and place of such hearing shall be sent by registered mail or certified mail to the name(s) as they appear upon the subdivision plat. Notice of the public hearing shall be sent at least five days prior to the date of the hearing.
(5) The preliminary plat of the subdivision, at a scale of not more than one inch equals 100 feet, shall show the following:
a. Name and location of the subdivision;
b. Names and addresses of the owner and person to be notified of official actions;
c. North point, graphic scale and date (north point shall be identified as magnetic, true or grid north);
d. Topography at contour intervals show by the topographic maps used by the Tennessee Valley Authority;
e. Location of all existing and proposed streets or roads within the subdivision and adjacent to it;
f. Widths and purpose of any existing and proposed rights-of-way and easements in said subdivision;
g. Total amount of acreage to be subdivided and the amount of acreage contained in each tract or lot in said subdivision;
h. Any portion of the land in the subdivision subject to periodic inundation by storm drainage, overflow or ponding;
i. Names of all streets, roads and alleys and other rights-of-way.
(6) Within 30 days after the first regularly scheduled meeting of the planning commission which is held 15 or more days after the submission of the preliminary plat, the planning commission shall review the plat and indicate its approval, disapproval or approval subject to any required modifications, unless the applicant, for the planning commission's approval, waives this requirement and consents to the extension of such period. If the plat is disapproved or is approved subject to modifications, the reasons for such disapproval or the required modifications shall be indicated in writing on two copies of the plat and shall be entered upon the minutes of the planning commission.
(7) One copy of the preliminary plat shall be retained in the planning commission's files, and one copy shall be returned to the subdivider at the time of approval or disapproval, with the planning commission's stamp, signed by the secretary of the planning commission or another duly qualified member of the commission, along with any required change or modification endorsed thereon. Failure of the planning commission to consider any preliminary plat within 30 days, or such period as extended, shall be considered as approval of the same as submitted.
(8) Approval of the preliminary plat by the planning commission shall not constitute acceptance of the final plat, except when the final plat is completed during the specified time in substantial accordance with the layout shown on the preliminary plat.
(9) Approval of the preliminary plat shall lapse unless a final plat, of all or part of the area shown on the preliminary plat, in substantial conformance therewith, is submitted within 12 months from the date of such approval, unless an extension of time is specifically applied for by the subdivider and expressly granted by the planning commission.
(d) Construction of improvements.
(1) After the preliminary plat has been approved, the subdivider shall elect one of the following courses of action:
a. Construct all improvements required by the planning commission, including, but not limited to, all streets and roads as shown on the preliminary plat, in accordance with the specifications required by the office of the commissioner of the county. Upon completion of all construction, obtain certification from the office of the commissioner of the county that all roads and streets have been constructed in accordance with the requirements of the office of the commissioner of the county;
b. Deposit an acceptable surety bond or other acceptable collateral with the county commissioner in an amount sufficient to assure the completion of all required improvements as well as all other surety requirements of section 34-494 pertaining to surety for completion of improvements.
(2) After the completion of either one of the previous alternatives and recording of the final plat, the subdivider may proceed with the sale of lots.
(e) Final plat approval.
(1) Final plat approval shall be obtained by the subdivider as the preliminary plat or portions of it are constructed or included in the surety bond. The final plat shall conform substantially to the preliminary plat as approved; and if submitted in portions, each portion shall conform to all requirements of these standards.
(2) At least 15 days prior to the meeting at which the final plat is to be considered, the subdivider shall submit five copies of the proposed plat, together a certificate from the office of the commissioner of the county, stating that all streets and roads have been constructed in accordance with the requirements and specifications of the office of the commissioner of the county.
(3) Prior to a decision on the final plat, the planning commission shall afford a public hearing. Notice of the time and place of such hearing shall be sent by registered mail or certified mail to the name(s) as they appear on the subdivision plat. Notice of the public hearing shall be sent at least five days prior to the date of the hearing.
(4) The final plat shall contain all of the information which was required on the preliminary plat, except the topographic contour lines shown on the preliminary plat, and shall be drawn in compliance with all the appropriate laws of the state which govern the recordation of subdivision plats.
(5) The following certifications shall be presented along with the final plat:
a. Certification by a registered land surveyor (seal affixed) of the accuracy of the survey and plat, and the placement of all required monuments.
b. Certification by the office of the commissioner of the county that the subdivider has complied with one of the following alternatives:
1. Constructed all roads and streets in accordance with the specifications and requirements of the office of the commissioner of the county, or
2. Deposited a surety bond or other acceptable collateral with the commissioner in an amount sufficient to assure completion of all required improvements, as well as all other surety requirements of section 34-494 pertaining to surety for completion of improvements.
c. Certification by the subdivider showing that the applicant is the legal owner of the land, and that he formally dedicates all streets, roads and rights-of-way for public use.
d. State department of transportation certification of approval, if the project abuts any state, federal or county property.
e. Certification by the subdivider that all lands considered for development do not fall within a floodplain or floodprone area. If any part of the development falls within a floodplain or floodprone area, then the requirements of sections 34-435 and 34-436 will apply.
(6) When the plat has been approved by the planning commission, one copy, with the approval of the planning commission certified thereon, shall be returned to the subdivider to be used for filing with the clerk of the court as the official plat of record. Within ten calendar days from the date of final approval, the subdivider shall record the final plat in the office of the clerk of court. One copy containing all required certifications shall be retained by the planning commission and one copy of the original tracing shall be given to the subdivider for his records. The planning commission must consider a final plat within 30 days after its first regularly scheduled meeting which is held 15 days or more after the submission of the final plat. Failure of the planning commission to act on a final plat submission within these 30 days shall be considered as approval of the same. If the plat is disapproved, grounds for such disapproval shall be stated in writing in the official minutes of the planning commission and shall be stated in writing on two copies of the plat. One copy of the plat shall be retained in the planning commission's files and one copy shall be returned to the subdivider at the time of the disapproval.
(7) Approval of a final plat by the planning commission shall not constitute automatic acceptance by the public of the dedication of any street or other public way or ground. However, after approval of the final plat and the construction of streets shown thereon, the planning commission may recommend to the commissioner that he accept the streets as public roads and take over their perpetual maintenance. After obtaining this approval, if the subdivider requests that the commissioner accept these streets as public streets, then the commissioner of the county shall accept these streets as public roads and take over their maintenance.
(Ord. of 7-20-1994, § 9.13)