A RESOLUTION APPROVING TEXT AMENDMENTS TO SECTIONS 4.4 OF THE SUBDIVISION REGULATIONS OF THE CITY OF OPELIKA

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RESOLUTION NO.  ___

A RESOLUTION APPROVING TEXT AMENDMENTS TO SECTIONS 4.4 OF THE SUBDIVISION REGULATIONS OF THE CITY OF OPELIKA, Section 4.4 Final Plat Approval, B. Improvements.

WHEREAS, in pursuance to the authority granted by Title 11, Article 2, Chapter 52 of the Code of Alabama, the Planning Commission of the City of Opelika (the “Planning Commission”) heretofore adopted subdivision regulations (the “Subdivision Regulations”) to regulate the subdivision of land lying within the corporate limits of the City of Opelika and all land lying within three (3) miles of the corporate limits; and

WHEREAS, pursuant to §11-52-31 of the Code of Alabama, the Planning Commission has the authority to amend the City’s Subdivision Regulations; and

WHEREAS, the Planning Director proposed certain text amendments to amend Sections 4.4  of the City’s Subdivision Regulations; and

WHEREAS, the Planning Commission held a duly noticed public hearing on the proposed amendments on June 23, 2015; and

WHEREAS, the Planning Commission hereby finds and determines that the proposed amendments should be approved for incorporation into the Subdivision Regulations.

NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Opelika, Alabama, as follows:

Section 1.    That sub-sections A. General and B. Final Improvements of Section 4.4 of the Subdivision Regulations are hereby amended, and a new sub-section C. Infrastructure Construction and Improvements is hereby added, to read as follows: (The underlined text are the amendments and additions.)

A.  General

The final plat shall conform substantially to the preliminary plat as approved and shall be submitted to the Planning Commission in quadruplicate (4) at least twenty-one (21)1 calendar days prior to the meeting at which is to be considered; one copy of which shall be the original drawings.  Unless this is done within one year of the Planning Commission’s approval of the preliminary plat, such preliminary approval shall lapse.  This may be extended for up to ninety (90) days by the City Planner if reasonable progress is being made on improvements.

Final plat approval shall not be given at the same meeting as preliminary plat approval unless the plat does not involve the construction of any public improvements.  When public improvements are constructed, a minimum of twenty (20) days shall elapse between preliminary and final approval.

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 Final 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 [E. Final Plat requirement] and recorded.

After infrastructure improvements (street, street name signs4, curb & gutter, sanitary sewer, water, storm drain system) are installed, constructed and completed prior to recording of the final plat, the City Engineer and Public Works Director2 must certify that all streets shown on the plat have been graded and improved, except for the final asphalt wearing surface, and sidewalks.  The required public utilities including sanitary sewer system, water lines, and storm water facilities are required to have been installed, tested, and are functioning according to the City or utility provider specifications and the approved construction plans.

B.  Public Utility Improvements3,4

The conduit for all utilities (water, power, sewer, gas, telephone, cable) crossing roadbeds of new streets shall be installed before the final plat is recorded. (See Section 26-69, Work in the Public Right-of-way in the Code of Ordinances – City of Opelika, Alabama.)  The developer shall use property pins as reference points to locate the conduit across roadbeds and the rights-of-way. Unless otherwise directed by the appropriate utility company, the developer shall be responsible for digging the trench, installing conduit, and backfilling for the purpose of installing road crossings, in accordance to the utility’s design drawing and specifications. 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. The appropriate utility company reserves the right to require the developer to suspend work in the event the utility has any concerns with the construction or installation. 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.

C.  Infrastructure Construction and Improvements

Construction and erosion control drawings shall be submitted prior to construction according to the requirements of Section D.

Upon review, comments, and subsequent approval of the submitted construction and erosion control drawings, a “Land Disturbance Permit, Site Plan Review From and a Notice to Proceed” will be issued after a Land Disturbance Fee is submitted to the Engineering Department, according to Chapter 7 of the Code of Ordinances of the City of Opelika.

3. The Opelika Engineering and Public Works Department shall be notified of all testing, inspection and monitoring of the infrastructure construction and shall receive the testing records for all infrastructure construction.  Construction is considered completed to the Final Plat standards when all items have been installed and tested up to the final layer of asphalt and required sidewalk.

4. Upon final plat approval from the Planning Commission, including recordation of the plat, and acceptance of infrastructure improvements by the City Engineer, Public Works Director, and the developer/sub 4 divider shall provide the following items:

A Performance Security shall be provided to the City Engineer for the remaining final layer of asphalt paving and sidewalks.  This Performance Security shall be 125{44c616e11cf70d617c8dd92fb0bc15f41001df771f775c6b004238009c89a3f0} of the actual cost of the remaining items as determined by a certified and/or licensed professional for a term of two years, or when at least 75{44c616e11cf70d617c8dd92fb0bc15f41001df771f775c6b004238009c89a3f0} of the lots have been constructed.  An extension request for one year increments can be made to the City Engineer and Public Works Director with an extension of the security.  The request for the extension shall be made at least three (3) months prior to the end of the term.

A Maintenance/Warranty Bond with the value equal to 25{44c616e11cf70d617c8dd92fb0bc15f41001df771f775c6b004238009c89a3f0} of the total infrastructure construction cost as determined by a construction cost estimate and approved by the City Engineer and Public Works Director.  The term of this bond shall be concurrent with the Performance Security of the remaining infrastructure plus one (1) year after.

The City will give notice of observed failures in the infrastructure or improvements. Thereafter, the developer shall have thirty (30) days to initiate corrective measures. If corrective measures are not satisfactorily completed promptly, the City may exercise its right under the bond and submit a written notice to the parties of the bond explaining the default. It is the responsibility of the developer to ask for a release of the bond.

5. The Performance Security will be returned to the developer after a final inspection of the infrastructure improvements listed above and an administrative approval by the City Engineer and Public Works Director in the form of a Letter of Acceptance.

Eligibility for a final release of the bond shall require two (2) signatures, the City Engineer and Public Works Director for approval and acceptance of the installed infrastructure improvements.

6. The Maintenance and Warranty bond shall be extended and will expire twelve (12) months after the completion of the remaining infrastructure, acceptance of the subdivision and the release of the Performance Security.  The Public Works and Engineering Department will perform and inspection of the infrastructure three (3) months prior to the expiration of the bond.  These departments will either:

Provide a repair punch list to the developer and monitor repair of the infrastructure.

If no action is taken within one (1) month of the punch list, the departments will call on the bond to perform the repairs.

When all repairs are completed or if no punch list is provided, recommend that the Opelika Planning Department make recommendations to have the streets dedicated to by resolution of the Opelika City Council.

7. 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.

Section 2. That unless specifically amended or changed herein, all other provisions of the Subdivision Regulations shall remain in full force and effect.

Section 3.That this Resolution shall take effect upon its adoption, approval and publication as required by law.

Section 4.That this Resolution shall be published one (1) time in a newspaper of general circulation in the City of Opelika, Lee County, Alabama.

Section 5.That the Planning Director shall file a certified copy of this resolution and the amended regulations with the Probate Judge of Lee County, Alabama.

ADOPTED AND APPROVED this the _23rd day of June, 2015.

“I, the undersigned Secretary of the Planning Commission of the City of Opelika, do hereby certify that attached hereto is a copy of a resolution adopted by the Planning Commission of the City of Opelika at a regular meeting held on June 23, 2015, at which a quorum was present and acting throughout, which resolution has been compared by me with the original thereof, and that such copy is a true, exact, correct and complete copy thereof, and that such resolution has not been modified, amended or repealed and is in full force and effect on and as of the date hereof in the form attached hereto.

IN WITNESS WHEREOF, I have hereunto set my hand this the ____ day of _______________, 2015.

SECRETARY OF THE                                                                                                               PLANNING COMMISSION OF THE CITY OF OPELIKA, ALABAMA”

Legal run 2/5/16

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