GENERAL PROVISIONS

Authority

Under the authority of the Code of Alabama, Title 11, and as amended by Act 97-422, Acts of the Legislature, State of Alabama, 1997 which act is hereby made a part of these regulations, the Colbert County Commission at its meeting of February 3, 1998 adopted the following revised regulations.

Jurisdiction

From and after the date of February 3, 1998, these regulations shall govern each and every subdivision of land in all areas of the county as now or hereafter established outside the boundaries of municipal corporations; provided however, that where a municipality now or in the future is authorized to exercise and in fact does exercise subdivision control outside its municipal boundaries, such areas shall be required to meet the stricter of the regulations as set forth by the governing bodies.

Definition

Under Act 97-422 a subdivision is defined as "The development and division of a lot, tract, or parcel of land into two or more lots, plats, sites, or otherwise for the purpose of establishing or creating a subdivision through the sale, lease, or building development. Development includes, but is not limited to, the design work of lot layout, the construction of drainage structures, the construction of buildings or public use areas, the planning and construction of public streets and public roads, and the placement of public utilities."

Fines

Act 97-422 also provides that any Owner or developer violating any provision of the above referenced act or any rule or regulation made pursuant to this chapter shall be fined not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1000) per lot that has been sold, offered for sale, transferred, or leased to the public, prior to approval of the commission.

STEPS REQUIRED FOR DEVELOPMENT OF SUBDIVISIONS

Application for Approval

  1. To obtain approval of a proposed subdivision, the developer shall submit to the Colbert County Engineer a preliminary plat including all design prints required, a vicinity map, and a list of the names and addresses of owners of record of parcels of land immediately adjoining the proposed subdivision.
  2. To partially defray the cost of reviewing said application, notifying interested parties, and investigation, a fee of $50.00 shall be paid to the County Engineer by the developer at the time of filing the application.
  3. Notice by certified mail to abutting property owners shall be mailed fourteen (14) days prior to the Colbert County Commission taking action.
The County Engineer shall approve, approve conditionally, or disapprove such preliminary plat within sixty (60) days after the submission thereof. If approved conditionally, the conditions and reasons therefore shall be stated and if necessary the County Engineer may require the developer to submit a revised preliminary plat. If any of the requirements are modified or waived, the reasons for such shall be specified. If the County Engineer 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 on by the County Engineer shall be retained in his office, and one (1) copy shall be returned to the developer. The approval of the preliminary plat shall not be deemed final acceptance but rather an expression of approval of the subdivision layout as proposed on the preliminary plat.

Approval of the preliminary plat is authorization that the developer may proceed with staking of streets and lots in preparation for construction of improvements and for final platting.

Engineering Requirements

  1. The developer shall furnish all plans and information necessary for the engineering consideration and approval for the construction of the proposed improvements as requested by the County Engineer. Such plans and information shall be furnished with the preliminary plat application and shall be certified by a Registered Professional Engineer.
  2. Before starting construction, necessary arrangements must be made between the developer and the County Engineer for adequate laboratory and construction inspection to insure that the proposed improvements shall comply with the requirements of Colbert County. All testing and inspection deemed necessary by the County Engineer to insure that the construction is in accordance with plans and specifications shall be performed and the cost thereof borne by the developer.

Final Review and Approval

  1. The developer shall submit the original and three copies of the final plat to the Colbert County Engineer for review. The final plat shall have been signed and executed by all necessary parties.
  2. The County Engineer shall review the final plat to determine whether the plat should be approved or not approved based on whether the development conforms to the approved preliminary plat and the conditions, if any, imposed during preliminary review. If the plat is deficient in any regard, the County Engineer shall detail the deficiency to the County Commission along with a recommendation that the development be disapproved. The recommendation of the County Engineer is to be mailed at least ten (10) days prior to the Commission acting upon the recommendation to (1) the developer, (2) the owners of the adjoining land and (3) to each utility company.
  3. Upon determination that the final plat should be approved and that the installation of all required improvements has been satisfactorily completed in accordance with county specifications or that an acceptable financial guarantee has been provided for the satisfactory completion of all required improvements, the plat shall be signed by the County Engineer.
  4. Following signature, the developer shall submit the final plat to the Office of the Probate Judge for recording.