OPELIKA PLANNING COMMISSION

PUBLIC HEARING JUNE 27, 2006 -- AMENDMENT TO SUBDIVISION REGULATIONS

NOTICE OF PUBLIC HEARING NOTICE is hereby given that the Planning Commission of the City of Opelika will hold a public hearing on Tuesday, June 27, 2006,3:00 PM in the Planning Commission Chamber of the Public Works Facility 700 Fox Trial, Opelika, Lee County, Alabama. The purpose of said public hearing will be to consider the adoption of a resolution to amend Section 4.4 Final Plat Approval B. Improvements C. As-Built Drawings D. Final Plat Requirements and Section 4.8 Failure to Record Plat of the Subdivision Regulations of the City of Opelika. At said public hearing all who desire to be heard shall have the opportunity to speak for or in opposition to the adoption of the following resolution: RESOLUTION NO. A RESOLUTION TO AMEND THE SUBDIVISION REGULATIONS OF THE CITY OF OPELIKA BE IT RESOLVED by the Planning Commission of the City of Opelika as follows: Section 1.That subsections B, C, and D of Section 4.4 and Section 4.8 of the Subdivision Regulations of the City of Opelika is hereby amended to read as follows: B. Improvements If desired by the subdivider, the final plat may constitute only that portion of the approved preliminary plat which he proposes to record and develop at the time; all of this provided, however, that such portion conforms to all requirements of these regulations. Final Approval of a subdivision by the Planning Commission is required prior to the recording of the plat in the Office of the Probate Judge. It is not legal to transfer or sell any land in said subdivision until the Plat is recorded. No building permit or Certificate of Occupancy will be issued until such time as the subdivision has been given final approval, with signatures as required below [C. Final Plat requirement] and recorded. 1. When infrastructure improvements (street, curb & gutter, sanitary sewer, water, power, storm drain system) are installed, constructed and completed prior to recordingof the final plat, the City Engineer and the appropriate City department must certify that all streets shown on the plat have been graded and improved, except for the final asphalt wearing surface, and the sanitary sewer system, water lines, power lines and storm water facilities have been installed, tested, and are functioning according to the City or utility provider specifications and the approved construction plans. Other utilities (cable, gas, power, telephone) and water lines shall also be installed and approved by the appropriate utility company before the final plat is recorded except for gas lines running parallel with streets. As an option, the developer may assist the said utility companies in installing conduit in the following manner: The developer shall provide the said utility companies the approved preliminary plat and street design drawings of the subdivision for the preparation of utility design drawings. The said utility companies shall provide utility design drawings to the developer based on the approved preliminary plat, street design drawings, and according to the location of utility lines as shown in the drawing Street Sections within Underground Utility Locations . For joint trench installations, the developer shall be responsible to coordinate with the said utility companies plans for joint trench installation so the utility companies may prepare the design drawings according to specification for joint trench installations. The developer shall use property pins as reference points to locate the conduit in the rights-of-way. The developer shall be responsible for digging the trench, installing conduit and backfilling in accordance to the utility's design drawing and specifications. Conduit shall be used for gas lines across roadbeds but the developer is not required to install conduit for gas lines running parallel with the street. Tracer wire shall be installed in the conduit. All conduits shall be plugged and stringed. If the utility company encounters obstructions which prevent the utility line from being pulled, the developer will be required to correct the conduit system. The developer shall use conduit material per utility provider specifications. The monitoring and installation of conduit will be subject to inspection and written approval by the appropriate utility company. In the event the conduit system is covered prior to inspection or deviates significantly from the approved utility design drawing, the appropriate utility may require that the conduit system be uncovered as necessary to determine that the conduit was constructed and installed according to the utility design drawings or the appropriate utility specifications. Following approval and acceptance of the installation, the conduit shall be owned and maintained by the appropriate utility company. If a revision of the said approved preliminary plat is necessary and lot lines are relocated, the developer shall provide to the said utility companies the revised preliminary plat approved by the Planning Commission. The developer shall also be responsible for all costs that occur because of revisions to the preliminary plat as determined by the appropriate utility. A performance security shall be provided before the final plat is recorded in the form of a cash escrow, an irrevocable letter of credit, or performance bond guaranteeing the installation of the street and the conduit across roadbeds. The amount of said security shall be 125% of the cost of the actual street construction cost as determined by a certified engineer's estimate. Upon final acceptance of said infrastructure improvements by the City Engineer or appropriate City department and before the final plat is signed, the subdivider/developer shall post a security instrument (warranty bond) in the amount equal to 50% of the actual construction cost of the improvements for the purpose of correcting any construction, design or material defects or failures within the public rights-of-way or easements in the development or required off site improvements. The form and manner of execution of said security instrument shall be subject to the approval of the city attorney. The effective term for said security instrument shall be at least one year following the City's approval and acceptance of the installed or constructed improvements or less than a year as determined by the City Engineer and appropriate City department. The City will give notice of observed failures in the infrastructure or improvements. Thereafter, the developer shall have twenty-one (21) calendar days to initiate corrective measures. If said corrective measures are not satisfactorily completed promptly the City may exercise its right under the security instrument and submit a written notice to the parties of the security instrument explaining the default. It is the responsibility of the subdivider/developer to ask for a release of the said security instrument. Eligibility for a final release of the security shall be determined by the City Engineer and appropriate City department's approval and acceptance of the installed infrastructure improvements. The final release of the security shall be subject to the terms of the security or released by the City at the expiration of its effective period. 2. An assessment petition, approved by the City Attorney, whereby the City is put in an assured position to make these improvements and to install these utilities and facilities at any time and without cost to the City. A receipt of a certificate from a land surveyor that permanent reference monuments of suitable size and materials have been placed in the subdivision and that a satisfactory survey defines such permanent monuments in relation to located section corners or the coordinate system of the State of Alabama. C. As-Built Drawings The developer/subdivider shall provide as-built drawings indicating the locations of all said infrastructure and utilities installed. As-built drawings shall be prepared and certified by either a registered land surveyor or a professional engineer. As-built drawings shall be submitted to the Engineering Department prior to final plat approval. Rights of way, easements, street names, and lot lines shall be accurately shown. The as-built drawings shall include the horizontal and vertical location of sewer and water lines, gas lines, cable, telecommunications and electrical lines, including the necessary utility accessories as required by the appropriate City department. The said drawings shall include the storm drainage system with the locations and elevations of all drainage structures. Five (5) copies of as-built drawings drawn to scale on 24 x 36 paper shall be provided. As-built drawings shall also be provided in an AutoCAD (.dwg) file format or another format approved by the City Engineering Department. The said drawing shall be referenced to the NAD 1983 Alabama State Plane Coordinate system. D. FinalPlat Requirements The final plat shall be drawn on tracing cloth, film, mylar or paper on twenty four (24 ) by thirty-six (36 ) inches and shall be at a scale of one hundred (100) feet to one (1) inch or larger or smaller scale as approved by the City Engineer where needed for platting clarity. Where necessary the plat may be on several sheets accompanied by an index sheet showing the entire subdivision. The final plat shall show the following: 1. Primary control points, or description and ties to such control points to which all dimensions, angles, bearings, and similar data on the plat shall be referred. 2. Tract boundary line, right of way lines of streets, easements, and other rights of way and property lines of residential lots and other sites with accurate dimensions; radius, and length of curve, for all curves. 3. Name and right of way width of each street or other right or way. 4. Location, dimensions and purpose of any easements. 5. Provision of utility easement as required for electrical utilities. 6. Purpose for which sited, (other than residential lots) if lots are reserved or dedicated for other purposes. 7. Locations and description of monuments. 8. Names and addresses of record owners of adjoining land, including property with frontage along rights of way which bound the subject property. 9. Reference to recorded subdivision plats or adjoining platted land by record name, date and number. 10. Certification of surveyor certifying to accuracy of survey and plat. 11. Certification of title showing that applicant is the land owner. 12. Title, scale, north direction, and date. 13. Certificate by the County Health Officer when individual sewage disposal or water systems are to be installed. 14. Certificate for approval by the Planning Commission. 15. Flood Hazard Area as indicated on the City of Opelika, Alabama flood boundary and floodway map produced by the National Flood Insurance Program. 16. Certificate by County Engineer that all conditions have been met. 17. Certificate of easement statement 18. Certificate of approval by the Water Board 19. Certificate of approval by the Public Works Department SECTION 4.8 FAILURE TO RECORD FINAL PLAT Approval of the final plat by the Planning Commission shall be null and void if the Plat is not recorded within one year after the approval date, unless a written application for an extension of time is made during said one year to the Planning Commission and granted. Section 2. That this resolution shall take effect upon adoption and publication as required by law. Section 3. This resolution shall be published in the Opelika-Auburn News, a newspaper published in and of general circulation of the City of Opelika, Lee County, Alabama. WITNESS my hand this the ______ day of ____________________, 2006. ________________________________________________ Planning Commission Secretary of City of Opelika, Alabama, June 11, 2006.